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Ask the community...

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Zara Khan

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Just be careful about the "triple net lease" exception! If your rental is a triple net lease (tenant pays taxes, insurance, and maintenance), it specifically DOESN'T qualify for QBI under the safe harbor. Found this out the hard way last year.

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Zara Khan

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That's interesting - I didn't know about the tax court cases. My CPA was very black and white about it not qualifying. Do you happen to know which cases addressed this? I'd love to look them up since my lease has some triple net features but I'm still quite involved in other aspects of property management.

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@Luca Ferrari could you share which tax court cases you re'referring to? I m'in a similar situation with a lease that has some triple net features but I m'still actively managing the property in other ways. My understanding was that any triple net elements would disqualify the entire rental from QBI, but if there are cases suggesting otherwise based on overall activity level, that could be really helpful to know about.

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This is such great timing for this discussion! I've been managing a small duplex for the past three years and finally understand why my tax preparer kept asking about my "hours spent" on rental activities. I thought it was just for passive activity rules, but now I see it's also crucial for QBI qualification. One thing I'd add for anyone tracking their rental hours - don't forget to include time spent on tenant communications, property advertising/marketing when units are vacant, and research time for repairs or improvements. I was only tracking the physical maintenance time initially, but realized I spend significant hours on emails, phone calls, and researching contractors/suppliers. Also, if you're using property management software or apps like Zillow Rental Manager, those often have built-in time tracking features that can help with contemporaneous record-keeping. Much easier than trying to remember to update a spreadsheet every time you do something rental-related!

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Ellie Kim

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This is really excellent advice about tracking all the different types of rental activities! I was definitely under-counting my hours by only focusing on the physical maintenance stuff. The time spent screening tenants, responding to late-night "emergency" calls that turn out to be non-emergencies, and researching everything from insurance policies to local rental regulations really does add up. Your point about property management software is spot on too. I've been using a simple app to track rent payments and maintenance requests, but I never thought about using the time-stamped communications in there as documentation for my contemporaneous records. That could be really helpful if the IRS ever questions my hour calculations. Do you know if time spent learning about landlord-tenant laws or attending local real estate investment meetups would count toward the 250-hour safe harbor requirement? I spend quite a bit of time educating myself to be a better property manager, but I'm not sure if that qualifies as "rental services" under the regulations.

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Amy Fleming

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Processing usually means theres nothing wrong, just waiting in line. But check your transcript for any codes that start with 570 or 971

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Sara Unger

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where do I find those codes? the transcript is confusing af

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Fiona Sand

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@Amy Fleming is right about those codes! Look on your Account Transcript - the codes are in the left column. 570 means additional account action pending, 971 means notice issued. If you see 846, that s'your refund date. The transcript can be confusing but those specific codes will tell you what s'actually happening with your return.

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Alice Pierce

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This whole system is broken fr fr 🤔 Been processing since February too

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One more thing on this topic - capital loss carryovers can potentially be used on back-to-back separate and joint returns. Like if you filed as single with carryover losses, then got married, you CAN bring those losses to your joint return. But what's weird is if you file jointly with losses, then get divorced, each spouse gets half the carryover. My ex and I had about $18k in carryovers when we split, and we each took $9k to our separate returns.

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Anna Xian

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Is this officially documented somewhere? Going through a divorce now and we have carryover losses from some terrible investment decisions we made together. Would be nice to know the official position on splitting these up.

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Layla Mendes

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For the divorce question about splitting capital loss carryovers - yes, this is covered in IRS Publication 504 (Divorced or Separated Individuals). When spouses who filed jointly get divorced, any unused capital loss carryovers from the joint returns are generally allocated 50/50 between the former spouses on their subsequent separate returns, unless they agree to a different allocation in their divorce decree. However, if one spouse can demonstrate they were responsible for a larger portion of the losses (like if they managed all the investments that generated the losses), they might be able to claim a larger share. But absent specific documentation or agreement, the IRS default is 50/50 split. The key thing is to make sure this gets addressed in your divorce settlement so there's no confusion later when you're both trying to claim the carryovers on separate returns.

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This is really helpful information! I had no idea that capital loss carryovers could be split in divorce situations. Makes me wonder - what happens if one spouse remarries and files jointly with their new spouse? Can those carried-over losses from the previous marriage be used on the new joint return? Or do they stay tied to the individual who originally incurred them? Also, does anyone know if there are any time limits for making the allocation agreement in the divorce decree, or can former spouses go back and amend how they want to split the losses even after the divorce is final?

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Avery Davis

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The IRS is such a joke fr fr... They expect us to pay on time but take 10 years to send refunds 🤔

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LITERALLY THIS! šŸ’Æ

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Have you tried checking your account transcript instead of just the return transcript? Sometimes the account transcript shows processing activity even when the return transcript is blank. Also, if you filed in February and verified ID in March, you're definitely within the timeframe where it could still be processing normally - the IRS is still working through returns from that period. Don't panic yet!

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Diego Rojas

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This is really helpful advice! I didn't know there was a difference between account and return transcripts. Where do I find the account transcript? Is it on the same IRS website or do I need to go somewhere else?

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One thing nobody mentioned - if you're due a refund for those years, you only have 3 years from the original due date to claim it. So for 2021, you have until April 2025 (since it was due April 2022). After that, you can still file but kiss any potential refund goodbye. If you owe money though, there's no time limit for the IRS to collect, and penalties and interest keep building. So definitely prioritize filing those past returns ASAP.

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Are you sure about this? I thought the 3-year limit was from when you actually file, not the original due date. Is this different for different tax situations?

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I'm 100% certain it's 3 years from the original due date, not from when you file. This is a common misconception. This is straight from the IRS: you must file your claim for a credit or refund within 3 years from the date you filed your original return or within 2 years from the date you paid the tax, whichever is later. So for a 2021 tax return that was due in April 2022, you have until April 2025 to claim any refund. After that, even if you were owed money, it becomes the property of the U.S. Treasury. The IRS is strict about this timeline and doesn't make exceptions. That's why filing sooner rather than later is so important, especially if you think you might be owed money!

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Hey Liam! I completely understand your stress about this situation - I was in a very similar spot about two years ago when I realized I hadn't filed for 2019 and 2020, and one of my employers had literally disappeared. Here's what worked for me: First, definitely go the IRS transcript route that GalacticGuru mentioned - it's the most reliable way to get your exact wage information. But if you're having trouble with the online verification (like many people do), I'd recommend calling that transcript line at 800-908-9946 early in the morning, around 7 AM. The wait times are much shorter then. While you're waiting for those transcripts, start gathering whatever you DO have - bank statements showing direct deposits, any old pay stubs, even screenshots of your online banking if that's all you've got. The IRS really does prefer that you file with your best available information rather than not file at all. One thing that helped calm my nerves: the IRS is generally pretty reasonable when you're making a good faith effort to comply and file your returns. The scary penalties people talk about are usually for people who just ignore their obligations completely. You're actively trying to fix this, which puts you in a much better category. Also, don't forget to look into penalty abatement options once you get everything filed. If you have a reasonable cause (like unresponsive employers), the IRS might waive some of the penalties. You've got this!

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Molly Hansen

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This is really reassuring to hear from someone who's been through the same thing! I'm definitely going to try calling that transcript line early in the morning - I hadn't thought about timing it strategically like that. Quick question though - when you mention penalty abatement, is that something you request while filing the returns, or do you have to wait until after they're processed? I'm worried about making this process even more complicated, but if there's a chance to reduce penalties it seems worth exploring. Also, did you end up owing a lot more than you expected because of the interest and penalties, or was it manageable? I know everyone's situation is different, but I'm trying to mentally prepare myself for what I might be facing.

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