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Ask the community...

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Has anyone actually had their passive losses audited? I've been carrying forward suspended passive losses for years (about $22k now) but honestly I'm not sure if I've been tracking them correctly between my different rental properties.

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I was audited 3 years ago specifically on passive activity losses. They wanted documentation showing my level of participation in each property and proof of the losses claimed. They also scrutinized how I grouped my rental activities. Make sure you have good records!

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The interaction between passive losses and capital gains can be tricky, but you're on the right track with your understanding. Here's what I've learned from dealing with similar situations: For your capital gain netting question - yes, you can absolutely net your $195K passive capital gain against your $182K crypto losses. The IRS doesn't distinguish between passive and active sources when it comes to capital gain/loss netting. You'll end up with a $13K net capital gain. Regarding your passive losses, since you're disposing of a rental property with an overall gain, this triggers the "complete disposition" rule that allows you to free up your suspended passive losses. You should be able to deduct both your current year $52K passive losses and your $78K suspended losses (total $130K) against any type of income, not just passive income. One thing to watch out for - make sure you're properly documenting which specific property generated those suspended losses. The IRS can be picky about this during audits. Also, don't forget that the $105K depreciation recapture portion will be taxed differently (at 25% max rate) than the remaining capital gain portion. I'd strongly recommend getting this reviewed by a tax professional given the complexity and the dollar amounts involved. These passive activity rules have so many nuances that even small mistakes can be costly.

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This is really helpful, especially the point about documenting which property generated the suspended losses. I've been wondering about this exact scenario myself. Quick question - when you say "complete disposition," does that mean selling 100% of your ownership in that specific property? What if you only sell a partial interest, like 50% of a rental property to a partner?

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Ravi Sharma

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Something nobody's talking about - did you sell the house within a year of inheriting it? If not, make sure you're looking at the long-term capital gains rate for the house sale, which is usually more favorable. And don't forget to adjust your basis for any improvements you made before selling!

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NebulaNomad

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Good point about improvements! Even basic stuff like painting, repairs, or fixing up the yard before selling can be added to your basis and reduce any potential gains. Keep those receipts!

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Paolo Ricci

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Yes, I actually sold it about 14 months after inheriting it. I did do some minor repairs - fixed a leaky faucet, repainted a couple rooms, and had the carpets professionally cleaned. Total was around $2,800 for those improvements. I've kept all those receipts, so I'll definitely add those to my basis. Thanks for the reminder!

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Liam Duke

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Just to add another perspective - if you're worried about documentation for the furniture sales, consider creating a simple spreadsheet now while the details are still fresh in your memory. List each item (or group of similar items), approximate date sold, sale price, and your best estimate of fair market value at inheritance. For regular household furniture that's been used, the fair market value is typically much lower than original purchase price. Think about what someone would reasonably pay for used furniture at a garage sale or on Facebook Marketplace - that's probably close to the stepped-up basis value you inherited. Since you mentioned getting around $3,800 total and it was all regular household items, you almost certainly sold everything at or below the stepped-up basis values, meaning no taxable gains to report. But having that documentation organized will give you peace of mind and be helpful if you ever need to reference it later.

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PaulineW

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This is really solid advice! I'm dealing with a similar situation right now after inheriting my grandmother's belongings. Creating that spreadsheet sounds like a smart move - I wish I had done it right after I started selling things instead of trying to piece it together now from memory and random notes. One thing I'm curious about - for items where you genuinely can't remember exactly what you sold them for (like cash sales where you didn't write it down), is it better to estimate conservatively or try to be as accurate as possible? I sold some kitchen appliances for cash and honestly can't remember if I got $150 or $200 for the whole lot.

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7 Stupid question maybe - but why do we even have different rates for short vs long term gains? Seems needlessly complicated.

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2 Not a stupid question! The different rates exist to encourage long-term investing versus short-term trading. The government wants to incentivize people to invest in businesses for the long haul rather than just flipping stocks quickly. The theory is that long-term investments help provide stable capital to companies so they can grow, create jobs, etc. So they reward you with a lower tax rate if you hold investments for more than a year. It's a policy decision to encourage certain economic behaviors.

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Kaitlyn Otto

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The different rates also help account for inflation over longer holding periods. When you hold an investment for several years, some of your "gain" is just due to general price increases in the economy, not real investment growth. The lower long-term rate partially compensates for this inflation effect. Additionally, there's an economic argument that capital gains shouldn't be taxed as heavily as ordinary income since the money used to make the investment was likely already taxed when it was earned as wages or business income. The preferential rate recognizes this "double taxation" aspect. For your specific situation with $7,500 short-term and $12,300 long-term gains, you'll save about $861 in taxes compared to if everything were taxed as ordinary income (22% vs 15% on the long-term portion). That's a pretty significant benefit for holding those investments over a year!

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Wow, I never thought about the inflation aspect before! That's a really good point - if I bought a stock 3 years ago for $1000 and sell it now for $1200, some of that $200 "gain" is probably just because everything costs more now than it did back then. The preferential rate makes more sense when you think about it that way. And that calculation you did is eye-opening - $861 in tax savings just for holding onto investments for over a year instead of trading them quickly. That's a pretty strong incentive to be patient with your investments!

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Just wanted to chime in as someone who's been through multiple small claims cases for unpaid invoices. The key thing to remember is that even if you win your case, you still have to actually collect the money - and that can be the hardest part. I've won three small claims judgments over the years, but only collected on two of them. That said, having a court judgment definitely gives you more leverage and collection options. In Minnesota, you can garnish wages, put liens on property, or even have the sheriff seize assets. The threat of these actions alone often motivates people to pay up. For your immediate sales tax question though, definitely don't pay tax on money you haven't received. You can always adjust it later if you do collect through small claims, but paying it now would just be throwing good money after bad.

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This is really helpful perspective! I hadn't thought about the collection enforcement side after winning a judgment. Do you have any tips on which collection method tends to be most effective? I'm wondering if wage garnishment or property liens work better for getting people to actually pay up. Also, for documenting my collection efforts before filing - did you find that having a paper trail of attempted communication made a big difference in how the judge viewed your case?

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Adaline Wong

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In my experience, property liens tend to be most effective because they create a real obstacle when people try to sell or refinance. Wage garnishment can work but requires you to know where they work, and some income types are protected. Bank account levies are hit-or-miss since people can just move their money. For documentation, absolutely yes - having a clear timeline of your collection efforts makes a huge difference. I always bring a simple spreadsheet showing dates of invoices sent, emails, phone calls, and any responses (or lack thereof). Judges appreciate seeing that you made reasonable efforts before coming to court. One tip: send at least one formal demand letter via certified mail about 30 days before filing. Courts really like seeing that you gave them a final clear opportunity to pay before involving the legal system.

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I'm dealing with something similar right now - had a client ghost me after I delivered a custom kitchen renovation worth $12K back in February. The whole sales tax question kept me up at night because I wasn't sure if I was supposed to pay tax on money I never received. After reading through all these responses, I'm definitely not paying sales tax on the unpaid amount for my quarterly filing next week. It sounds like Minnesota is pretty clear that you only remit sales tax on actual collected payments, not delivered work that went unpaid. I'm also going to look into both the small claims route and maybe trying that Claimyr service to get official confirmation from the state. The documentation requirements for proving it's a legitimate bad debt are really good to know about - I've been keeping all my follow-up emails but need to send that certified mail demand letter everyone's mentioning. Thanks for asking this question - saved me from potentially paying $780 in sales tax on money I never got!

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Ava Thompson

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Wow, $12K is a huge amount to have hanging over your head! I'm glad this thread helped you avoid paying that sales tax on uncollected money. That would have been such a painful hit to your cash flow on top of already being out the $12K. Just wanted to add - since you're dealing with such a large amount, you might want to consider consulting with a business attorney before filing in small claims. In Minnesota, small claims court caps at $15K, so you're still under the limit, but with that much money involved, having legal representation for the collection process after you (hopefully) win might be worth the investment. Also, document EVERYTHING from here forward. Take screenshots of any social media activity showing they're still operating their business, save any marketing materials they're putting out, etc. This can help prove they have the ability to pay if it comes down to enforcement actions later.

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Has anyone dealt with this same situation but with dependent children involved? My ex and I have 2 kids and I'm wondering how the filing status and child tax credits would work if we're doing married filing separately with one person itemizing.

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Olivia Evans

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With children and married filing separately, only one parent can claim each child as a dependent. Usually, the parent who had the child living with them for more than half the year (the custodial parent) gets to claim the child. If you're the custodial parent and itemizing deductions, you can still claim the child tax credit for that child. However, be aware that MFS status does limit or eliminate some tax benefits like education credits, child and dependent care credit, and earned income credit. I'd recommend running the numbers both ways (one parent claiming both kids vs. splitting them) to see which arrangement provides the best overall tax situation for both parties, considering that you both must itemize if one of you does.

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Just want to emphasize something important that might get overlooked - make sure you keep detailed records of ALL your attempts to communicate with your ex about the filing requirements. Save emails, text messages, certified mail receipts, etc. If the IRS ever questions why there was a mismatch in filing methods (if she tries to take the standard deduction after you itemize), having documentation that you properly notified her of the requirement can protect you from penalties. The IRS understands that divorced couples don't always cooperate, but they expect the spouse who chooses to itemize to make a reasonable effort to inform the other spouse. Also, consider having your tax preparer send a formal letter to her explaining the requirement - sometimes official communication from a third party gets through when direct communication doesn't. This also creates a paper trail showing you followed proper procedure.

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This is really solid advice about documentation! I'm just starting to navigate my own divorce situation and hadn't thought about keeping records of tax-related communications. Does anyone know if screenshots of text messages would be sufficient, or should I stick to email for better documentation? Also, would it be worth sending a certified letter even if we've been communicating via text/email, just to have that extra layer of proof?

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