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Has anyone found a good way to track these passive losses year to year? I'm using a spreadsheet but it's getting unwieldy with multiple properties.
I've been dealing with this exact same issue in UltraTax for my rental properties! What really helped me understand the distinction was looking at my prior year's Form 8582. The "passive loss carryovers from operating activities" field corresponds to the actual business operations - rent collection, property management, maintenance, repairs, utilities, etc. These are the day-to-day expenses that generate your rental income. The "passive activity carryovers from ordinary business income/loss" field is for the broader business items like depreciation, mortgage interest, and other financing costs that contribute to your overall business loss but aren't directly tied to operations. Since you mentioned you don't materially participate, make sure you're also considering whether you qualify for the $25,000 special allowance if your adjusted gross income is under $100,000. That can sometimes allow you to deduct losses that would otherwise be carried forward. Good luck with your return!
This is really helpful! I'm new to rental property investing and just bought my first property last year. Can you clarify what you mean by "materially participate"? I live about 2 hours away from my rental and mostly just collect rent and handle occasional maintenance calls. Does that count as material participation, or am I considered passive like the original poster? Also, you mentioned the $25,000 special allowance - is that something that gets automatically calculated in UltraTax or do I need to manually track my income to see if I qualify?
Your situation looks really solid for qualifying under the 2-out-of-5 year rule! Living there continuously from 2016 to March 2023 gives you way more than the required 2 years within your 5-year window before the April 2025 sale. What really strengthens your case is that you've maintained all the hallmarks of primary residence - voter registration, utilities, banking, and mail forwarding all show clear intent that this remains your main home. The fact that you never rented it out is huge because it demonstrates you always intended to return. Your periodic visits back (the 6 weeks, 8 weeks, and 5 weeks you mentioned) actually help document continued use of the property. Even if you weren't physically there every day, the IRS recognizes that temporary work assignments abroad don't disqualify a property from being your primary residence as long as you maintain that intent to return. One practical tip: keep detailed records of your work assignment documentation showing it's temporary, along with all those utility bills and other ties to the property. If you ever get questioned, having that paper trail makes your position bulletproof. You should be in great shape for the capital gains exclusion when you sell!
This is really helpful! I'm actually in a somewhat similar situation - my spouse and I have been living abroad for work but kept our US home. One thing I'm wondering about though is whether there are any specific IRS forms or documentation we should be filing while overseas to make sure we don't accidentally jeopardize our primary residence status? Like, should we be doing anything proactive on our tax returns to establish this intent, or is it mainly about keeping good records for if/when we get questioned later?
Great question about proactive documentation! While there aren't specific IRS forms you need to file to "register" your primary residence intent, there are some smart moves you can make on your tax returns to strengthen your position. First, make sure you're consistently listing your US home address on all tax forms (1040, state returns, etc.) even while overseas. If you're claiming the Foreign Earned Income Exclusion, be careful with the language - emphasize that your foreign residence is temporary for work purposes. On your annual returns, consider attaching a brief statement explaining your temporary work assignment if you're claiming both FEIE and maintaining US primary residence. This creates a paper trail of your intent. Also, make sure you're still filing as residents of your home state if applicable. The key is consistency across all your filings - don't accidentally claim homestead exemptions or tax benefits on any foreign property that would contradict your US primary residence claim. Keep paying your US property taxes on time and maintain homeowner's insurance. These ongoing actions on your tax returns and related filings create a clear pattern that supports your position if questioned later.
Based on your situation, you should definitely qualify for the primary residence exclusion! You lived there continuously from 2016 to March 2023, which gives you well over the required 2 years within your 5-year lookback period before your April 2025 sale date. What makes your case particularly strong is that you've maintained all the key indicators of primary residence despite being overseas for work. The IRS looks at the totality of circumstances, and you've got everything lined up perfectly - voter registration, bank statements, utilities, and mail all still tied to the property. Never renting it out is a huge plus since it shows clear intent to return. Your periodic visits (6 weeks in summer 2023, 8 weeks over winter 2023/24, and 5 weeks in May 2024) actually help demonstrate continued use as a residence. The IRS understands that people take temporary work assignments abroad without giving up their primary residence. One thing to keep in mind - make sure you document the temporary nature of your overseas assignment. Keep your employment contract or assignment letter showing it's not permanent. Also maintain that paper trail of all your US connections to the property. If the IRS ever questions your claim, having comprehensive documentation makes your position ironclad. You should be in excellent shape for excluding the capital gains when you sell next April!
This gives me a lot of confidence! I'm actually in a very similar boat - moved overseas for work in late 2022 but kept our house exactly as you described. We've been worried about the capital gains implications since the property has appreciated significantly. One question I have is about state taxes. Are there any state-level primary residence rules we should be worried about, or is it mainly just the federal 2-out-of-5 year rule? Our state has pretty high capital gains rates and I want to make sure we're not missing anything on that front. Also, do you know if different states have different requirements for what constitutes maintaining residency while living abroad? Thanks for sharing your experience - it's really reassuring to hear from someone who's navigated this successfully!
I'm dealing with this exact same nightmare right now! Filed my return two weeks ago and got hit with this rejection message yesterday. What's really frustrating is that I actually DID get acknowledgment letters from most of my charities when I made the donations, but they're all in different formats and some don't have the specific language the IRS apparently wants. One thing I discovered is that the acknowledgment needs to include specific elements: the charity's name, date of contribution, location of the contribution, and a description of any non-cash property donated. Some of my letters were missing one or two of these elements, which I think is why my return got flagged. I'm now going back to each organization to request updated acknowledgments with all the required language. It's ridiculous that they changed this requirement in the middle of tax season with basically zero notice. Has anyone found a template or standard language that works for requesting these from charities?
I'm new here but just went through this exact same situation! For the template language, I found that asking the charity to include these specific elements worked well: "This letter acknowledges that [Charity Name] received a charitable contribution from [Your Name] on [Date] at [Location/Address]. The contribution consisted of [Description of items donated]. No goods or services were provided in exchange for this contribution." Most charities were familiar with this format once I explained the new IRS requirement. Hope this helps save you some time!
This whole situation is absolutely maddening! I'm a tax preparer and have been dealing with dozens of clients getting hit with these rejections over the past few weeks. What makes it worse is that the IRS issued this new enforcement quietly through their electronic filing system without any formal announcement or guidance update on their website. For anyone still struggling with this, here's what I've learned works best: Contact each charity and specifically request a "donee acknowledgment letter per IRS Publication 526." Most established charities know exactly what this means and can provide the proper format. Make sure the letter includes the charity's legal name (exactly as it appears on their tax-exempt determination), your name, donation date, and a clear description of what you donated. The frustrating part is that many people actually received these acknowledgments when they made their donations but didn't realize they'd need them attached to their tax return. The IRS has always required charities to provide these, but now they're actually checking that taxpayers include them with their filings. It's enforcement of an existing rule, not technically a "new" rule, but the practical effect is the same for all of us scrambling to gather documentation. If you're running out of time before the deadline, definitely consider filing an extension to give yourself more time to collect proper documentation rather than rushing and potentially making errors.
Thank you so much for this detailed explanation! As someone who's completely new to dealing with tax issues this complex, your breakdown of requesting a "donee acknowledgment letter per IRS Publication 526" is incredibly helpful. I had no idea there was specific language I should use when contacting the charities. I'm definitely going to reach out to my organizations today using that exact terminology. It's reassuring to hear from a tax preparer that this really did come out of nowhere - I was starting to think I had somehow missed obvious guidance somewhere. The fact that it's enforcement of an existing rule rather than a completely new requirement makes sense, but like you said, the practical effect is still a huge headache for everyone involved. One quick question - when you mention making sure the charity's name appears "exactly as it appears on their tax-exempt determination," is there an easy way to verify this? Some of the organizations I donated to use shortened names in their everyday communications that might not match their official legal names.
This is such a common confusion for railroad workers! I went through the same thing when I started. The key thing to remember is that railroad employees have a completely different retirement system than regular workers. Think of it this way: regular employees pay into Social Security and Medicare through FICA taxes. Railroad employees pay into the Railroad Retirement system instead through those RRB taxes you're seeing. So when you see "RRB T1 Dis Federal", "RRB Tier 2 federal", and "RRB T1 Med federal" - these are your retirement system contributions, not income tax. Only the "Tax withholding federal" line counts toward your actual federal income tax liability. So in your example, if that federal withholding line totaled $3,000 for the year and you owed $2,500, you'd get back $500 - not the full $4,700 difference from all the withholdings combined. The RRB taxes go toward your railroad retirement benefits, which are generally better than regular Social Security. You'll see these benefits when you retire, but they don't reduce your current year tax bill.
This is exactly the explanation I needed! As someone new to railroad work, I was getting so stressed thinking I was paying way too much in taxes. It makes perfect sense now that the RRB taxes are like our version of Social Security contributions rather than extra income tax. I feel much better about my tax situation knowing that only the federal withholding counts toward what I owe. Thanks for breaking it down so clearly!
I'm a retired railroad worker who dealt with this confusion for 30+ years! One thing that might help is to think of your paystub as having two completely separate "buckets" of taxes: Bucket 1: Federal Income Tax - This is what goes toward your annual tax return obligation. Only the "Tax withholding federal" amount counts here. Bucket 2: Railroad Retirement System - All those RRB codes (T1 Dis, Tier 2, T1 Med) are like your pension contributions. These never come back as tax refunds because they're not income tax - they're building your future retirement benefits. The Railroad Retirement system is actually pretty generous compared to regular Social Security. Your Tier 1 benefits will be roughly equivalent to what you'd get from Social Security, but Tier 2 is like having an additional pension plan on top of that. Plus, railroad retirement often allows you to retire earlier with full benefits. So don't think of those RRB taxes as "extra" taxes you're paying - think of them as forced savings for a better retirement than most workers get. When you retire, you'll be glad you paid into this system instead of regular Social Security!
This is such a helpful way to think about it! I'm fairly new to the railroad and had no idea that our retirement benefits were actually better than regular Social Security. It definitely makes me feel better about seeing all those RRB deductions on my paycheck knowing they're going toward a more generous retirement system. Do you know roughly how much better the benefits are compared to regular Social Security? I'm curious if the higher contributions we pay actually translate to significantly better payouts when we retire.
Ethan Clark
Another approach: check with your startup's law firm. Our company uses Wilson Sonsini, and they offered a reduced rate consultation for employees dealing with 83(b) elections and option exercises. Many of the big firms that work with startups (Cooley, Gunderson, etc.) have programs specifically for startup employees. For QSBS specifically, you need someone who really understands the qualified small business stock exclusion rules. That one's trickier since you're looking 5+ years ahead at potential tax savings, and the requirements are super specific about business types, asset limits, and holding periods.
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Sean Flanagan
ā¢That's a great suggestion! Our company works with Gunderson, actually. Did your company negotiate this service upfront, or is it something the law firms offer to all client companies?
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Ethan Clark
ā¢It was something our founders negotiated as part of the overall service package. Definitely worth asking your HR or finance team about. Gunderson definitely offers this service - several of my colleagues used them. The QSBS planning is where they were most helpful. They provided documentation templates to track our QSBS eligibility from day one, which will be crucial evidence if I'm ever audited after claiming the exclusion years from now. They explained that proving QSBS eligibility retroactively can be really difficult without contemporaneous documentation.
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AstroAce
Don't forget about specialized accountants too! I found my tax person by looking for CPAs who specifically listed "startup equity" or "stock option planning" on their websites. Ended up finding someone who had been handling 83(b) elections for startup employees for 15+ years. Cost was WAY less than an attorney ($250 for an initial consultation, then about $650 to handle the whole 83(b) filing process including all documentation). He also helped me understand the potential QSBS benefits and what records I needed to maintain.
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Yuki Kobayashi
ā¢Do tax accountants actually have the expertise for this? I thought 83(b) elections required legal documents that only attorneys could prepare. Is there a difference in what a CPA vs attorney can do here?
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LunarLegend
ā¢Good question! CPAs can definitely handle the tax aspects of 83(b) elections - the actual filing with the IRS, calculating the tax implications, and ongoing tax planning. The 83(b) election itself is just a tax election form that gets filed with your return. Where you might need an attorney is if there are complex legal issues with your stock option agreement itself, or if you're dealing with unusual equity structures. But for most standard startup option grants, a specialized CPA who regularly handles these situations can take care of everything you need. The key is finding someone with specific experience in startup equity taxation, whether that's a CPA or attorney. I'd actually lean toward starting with a specialized CPA since they're typically more cost-effective and can handle the ongoing tax planning aspects too.
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