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Quick tip - don't forget to separate out the land value! I made this mistake my first year with a rental property and had my depreciation rejected. You can only depreciate the building, not the land. Most tax assessor records break this out. Also, keep in mind that gifted property has different holding period rules for capital gains when you eventually sell. The holding period includes the time your dad owned it too!
I thought rental properties were depreciated over 27.5 years regardless of the actual building's age? My accountant took the purchase price minus the tax assessed land value and divided by 27.5. Is that wrong?
You're absolutely right about the 27.5 year depreciation period for residential rental property - that's correct! What Yuki was emphasizing is that you need to make sure you're only depreciating the building portion, not the land. So your accountant's method of taking the total basis minus the land value and then dividing by 27.5 is exactly the right approach. The key point is that land never depreciates (since it doesn't wear out), so it has to be separated from the depreciable building value. Most people use the same ratio that the tax assessor uses - if the assessor says the land is 20% of the total value and the building is 80%, you'd apply that same ratio to your cost basis.
This is a really complex situation, but you're asking the right questions! Based on what you've described, it sounds like you have a mixed gift/inheritance scenario which does complicate the basis calculation. One thing I'd suggest is checking if your dad filed Form 709 (gift tax return) when he added you to the deed in 2016. Even if no gift tax was owed (due to the annual exclusion or lifetime exemption), he may have filed one anyway. If he did, that form would show the fair market value of the property at the time of the gift, which would be incredibly helpful for your basis calculation. If you can't find a Form 709, using the 2016 tax assessment as a starting point isn't unreasonable, but as others mentioned, you might want to adjust it upward since assessments are typically below market value. You could research what similar properties in your neighborhood sold for in 2016 to get a sense of whether the assessment was in the right ballpark. Also, don't forget to account for any improvements your dad made to the property after his original purchase - those would increase his basis, which would then carry over to you for the gifted portion. The depreciation calculation can definitely be overwhelming, but taking it step by step and documenting your reasoning will serve you well if you're ever questioned about it later.
This is really helpful advice, especially about checking for Form 709! I never would have thought to look for that. Quick question though - if my dad didn't file a gift tax return, does that create any issues for me now? I'm worried that maybe he was supposed to file one and didn't, and that could somehow come back to bite me during my depreciation calculations or if I get audited later. Also, when you mention adjusting the tax assessment upward, is there a standard percentage that's typically used, or do I really need to do the research on comparable sales? I'm trying to balance being accurate with not spending weeks on this!
dont forget to check ur local city tax rate too. my city is 2.5% but my employer was only withholding 1% and i got hit with like $900 i had to pay. not all employers automatically withhold the right city tax amount! especially if ur employer is based in a different city than where u live.
This happened to me too! I was so confused my first year making decent money. The key thing to understand is that your paycheck withholding is based on estimates, but your actual tax liability depends on your total income for the year. A few things that might be happening: 1. Your employer might not be withholding enough for city taxes (super common issue) 2. If you got a raise or bonus during the year, your withholding rate might not have adjusted properly 3. The withholding tables assume you're earning the same amount all year, but if you started the job mid-year or had income changes, it throws off the calculation The good news is this is totally fixable! Get a copy of your most recent paystub and look at exactly what's being withheld for federal, state, and city taxes. Then compare those percentages to the actual tax rates for your area. You'll probably find the city withholding is way too low. You can fix this by submitting a new W-4 to your employer requesting additional withholding. It's annoying to see less in your paycheck now, but way better than getting hit with a big bill next year!
This is really helpful! I think you're right about the mid-year income changes throwing things off. I actually did get a promotion and raise in August, so my withholding was probably calculated based on my lower salary for most of the year. I'm definitely going to pull my paystub and compare the withholding percentages like you suggested. It sounds like the city tax issue is super common - I had no idea employers often get that wrong! Do you know if there's a way to estimate what my withholding should be for next year based on my new salary? I want to make sure I don't end up in this same situation again.
For estimating next year's withholding, you can use the IRS withholding calculator on their website - it's actually pretty accurate if you input your new salary and expected deductions. Just search for "IRS Tax Withholding Estimator" and it'll walk you through everything. Since you got a raise mid-year, that definitely explains the shortfall! The withholding system assumes steady income all year, so when you jump from one salary level to another, it can't catch up properly. For city taxes specifically, just take your annual salary and multiply by your city's tax rate - that's what you should owe for the full year. Then divide by your number of paychecks to see what should be coming out each time. If it's way off from what's actually being withheld, you'll know exactly how much extra to request on your W-4. The promotion is great news though - better to owe a bit on taxes because you're making more money than the other way around!
Just a heads up, with business acquisitions like this, make sure you're looking at asset vs. stock purchase implications too! It can make a huge difference in depreciation/amortization deductions. My accountant told me I could have saved like $150k in taxes if I'd structured my purchase differently.
This is really important! I did an asset purchase for my business and got to write off way more than I would have with a stock purchase. The seller wanted stock sale for their tax benefits but we negotiated on price instead.
Great thread! I'm going through a similar acquisition right now and wanted to share what I've learned from my tax attorney. One thing that hasn't been mentioned yet is the imputed interest rules under Section 1274. If your interest rate is below the Applicable Federal Rate (AFR), the IRS will impute a higher rate anyway, which could mess up your tax planning. Also, don't forget to consider the allocation of the purchase price among different assets (goodwill, customer lists, equipment, etc.) since different assets have different depreciation schedules. Section 197 intangibles get amortized over 15 years, but some tangible assets might qualify for bonus depreciation. One more tip - if you're planning to use Section 1202 qualified small business stock exemption down the road when you sell, make sure your purchase structure doesn't disqualify you from that benefit. It's worth having this conversation with a tax professional who specializes in business acquisitions before you finalize the deal structure.
This is incredibly helpful information! I hadn't considered the AFR requirements at all - that could definitely throw off my calculations. Do you know where I can find the current AFR rates? And regarding the asset allocation, is that something I need to figure out before closing or can it be determined afterwards? I'm realizing there are way more moving pieces to this than I initially thought.
Pro tip: keep track of ALL your royalty statements and match them against what actually gets deposited in your account. Record labels are notorious for applying withholding inconsistently, even after you've submitted a properly completed W-8BEN. I had a situation where despite having my W-8BEN on file claiming the 0% treaty rate for royalties from my Japanese distributor, they still withheld 10% for almost a year before I caught it. Had to file forms to reclaim all that withholding.
Totally agree with this! I use a spreadsheet to track expected vs actual payments. Quick question - if they DO withhold incorrectly, can you just file for a refund with the IRS or do you have to go through the foreign tax authority?
You'd need to file with the IRS, not the foreign tax authority. If a US company incorrectly withholds tax from your payments, you'd file Form 1040NR (U.S. Nonresident Alien Income Tax Return) with the IRS to claim a refund of the overwithholding. Make sure to include a copy of the Form 1042-S that the withholding agent (record label) should provide you, which shows the income and tax withheld. You'll also need to attach a copy of your W-8BEN and any documentation proving you're entitled to treaty benefits.
This is such great information everyone! As someone who's been dealing with international music contracts for a few years, I want to add one more important point that often gets overlooked. Make sure your record label updates their withholding systems after you submit your W-8BEN. I've seen cases where the accounting department receives the form but doesn't properly update their payment processing system, so they continue withholding at the default 30% rate. I always follow up with an email to both my A&R contact and their accounting department about 2 weeks after submitting the W-8BEN, just to confirm it's been processed correctly. Include your taxpayer identification number and the date you submitted the form in your follow-up. Also, keep in mind that W-8BEN forms expire after 3 years, so set a reminder to renew it before it lapses. If it expires, they'll automatically go back to withholding at the full 30% rate until you submit a new one. @Ellie Lopez - since this is your first international deal, I'd definitely recommend keeping detailed records of everything. Save copies of all forms, emails, and payment statements. It'll make your life much easier if you need to reference anything later or if you work with more international labels in the future!
This is incredibly helpful advice! I had no idea about the 3-year expiration - that would have been a nasty surprise down the road. One thing I'm still wondering about: should I also send a copy of my Swedish tax residency certificate along with the W-8BEN, or is just filling out Part I with my Swedish address sufficient to prove residency for treaty purposes? I want to make sure I have all the documentation they might need upfront. @Isabella Ferreira Thanks for the tip about following up with both A&R and accounting - that s'definitely going on my checklist!
Samantha Hall
One important thing nobody's mentioned - if you take 529 distributions for your mortgage, you CANNOT also claim those same housing expenses for other education tax benefits like the Lifetime Learning Credit. That would be double-dipping and is definitely not allowed. Make sure you're maximizing your overall tax benefit by figuring out which approach saves you more in your specific situation!
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Fatima Al-Farsi
Great point about not double-dipping with other education tax benefits! This is something I actually learned the hard way when my tax preparer caught it during review. I'd been planning to use 529 funds for my mortgage AND claim the Lifetime Learning Credit for my tuition, but you have to choose one path or the other for any overlapping expenses. In my case, the 529 withdrawal ended up being more beneficial since I could cover a larger portion of my housing costs tax-free, rather than getting a smaller credit. For anyone in this situation, I'd recommend running the numbers both ways before deciding. Sometimes the education credits might actually save you more money than the tax-free 529 withdrawal, especially if you're in a lower tax bracket. It really depends on your specific income level and how much you're planning to withdraw from the 529. Also worth noting - you can still use 529 funds for some expenses (like housing) and claim education credits for others (like tuition and fees), as long as you're not double-counting any single expense. Just keep very clear records of which expenses you're applying to which tax benefit!
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Logan Stewart
ā¢This is exactly the kind of real-world insight I was hoping for! I'm in a similar situation where I need to decide between using 529 funds for housing versus claiming education credits. Could you share roughly what income bracket made the 529 withdrawal more beneficial for you? I'm trying to figure out the breakeven point where one strategy becomes better than the other. Also, did you use any specific tax software or calculator to run these comparisons, or did your tax preparer handle all the number crunching?
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