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Ask the community...

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Jake Sinclair

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Has anyone actually looked at the new 2023 Schedule A? I just downloaded it and Box 8a specifically says "Home mortgage interest and points reported to you on Form 1098." Wouldn't that mean you just put the full amount from your 1098 forms regardless of these limits? The forms from my lenders show about $65k in combined interest.

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The Schedule A form itself doesn't have the calculation limitations built in - that's on you to know and apply. The mortgage company reports the FULL interest you paid on Form 1098, but you're only allowed to deduct the portion that falls under the acquisition debt limits. Your lenders don't track how you used the money or which debt limits apply to you - they just report what you paid in interest. It's your responsibility to know that you can only deduct interest on $750K (for post-2017 loans) or $1M (for pre-2017 loans) of acquisition debt per qualified residence. The IRS expects you to calculate and enter the correct deductible amount, even if it's less than what appears on your 1098 forms.

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Nathan Dell

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This is such a complex area of tax law! I've been dealing with a similar situation where I have properties purchased on different sides of the 2017 cutoff. One thing that helped me was creating a simple spreadsheet to track each property separately. For your situation, I'd recommend documenting everything clearly: - Primary residence: $700K mortgage (pre-12/15/2017) = 100% of interest deductible - Second home: $1.1M mortgage (post-12/15/2017) = interest on first $750K deductible The key insight from all these responses is that you DON'T combine the limits - each property stands alone based on its purchase date. So you're not limited to some combined $1.75M cap. Also worth noting - since you mentioned renovations on the second home, make sure any loan proceeds used for substantial improvements still count as acquisition debt. The IRS considers improvements that add value, prolong the home's life, or adapt it for new uses as qualifying for the mortgage interest deduction. Keep detailed records of how loan proceeds were used, especially if you did any cash-out refinancing. The documentation will be crucial if you ever face questions about your deductions.

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CosmosCaptain

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This spreadsheet approach is brilliant! I'm definitely going to set something like this up for my own records. One question though - when you mention "substantial improvements" for the acquisition debt qualification, do you know if there's a specific dollar threshold or percentage of home value that defines "substantial"? I'm asking because we spent about $85K on renovations to the second home (new kitchen, bathroom remodel, flooring throughout), but I want to make sure this actually qualifies as substantial improvement rather than just maintenance/repairs. The IRS language is pretty vague on what constitutes "substantial" versus regular upkeep.

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Another thing to consider with your lease situation - since you're doing two different types of contractor work, you might want to look into whether either of your clients require specific vehicle standards or insurance coverage. Some real estate agencies have requirements about the condition/appearance of vehicles used for client meetings, and sports leagues sometimes have insurance minimums for officials. This could influence whether leasing vs buying makes more sense, and it might also affect your deduction calculations. Also, don't forget that if you use the actual expenses method, you can deduct more than just the lease payments - insurance, gas, maintenance, registration fees, etc. all count toward your business vehicle expenses. With two income streams requiring lots of driving, those costs can really add up. Keep all your receipts organized from day one. I learned this the hard way when I got audited - having everything documented properly made the difference between keeping my deductions and losing them.

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Lola Perez

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That's a great point about client requirements! I hadn't considered that some real estate agencies might have vehicle appearance standards. I should definitely check with both my referee association and any real estate photographers I might work with to see if there are any specific requirements. The insurance minimum point is especially important - I know some sports leagues do require higher liability coverage for officials. That would definitely factor into my actual expenses calculation if I go that route. Thanks for the reminder about keeping all receipts organized from the start. I'm definitely going to set up a good system before I even sign the lease. Did you use any particular method for organizing everything, or just a simple folder system?

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I work as a tax preparer and see this situation a lot with contractors who have multiple income streams. A few additional points that might help: First, consider keeping a separate credit card just for vehicle expenses if you go the actual expenses route. This makes tracking and documentation much cleaner, especially come tax time. Second, since you mentioned your current vehicle is falling apart, factor in the reliability benefit of leasing when comparing costs. Missing referee assignments or photo shoots due to car trouble could cost you more than the difference between deduction methods. Third, remember that the business use percentage applies to ALL vehicle expenses - not just lease payments. So if you determine you use the car 80% for business, that percentage applies to insurance, gas, maintenance, everything. Make sure your business use calculation is realistic and defensible. Finally, start that mileage log immediately when you get the new vehicle, even for a few weeks before you officially start the lease. This establishes your actual driving patterns and makes your business use percentage more credible to the IRS. Good luck with your decision! Both referee work and real estate photography are solid contractor gigs that definitely justify vehicle deductions.

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Confusion About ESPP Shares and Calculating Adjusted Basis for Tax Purposes

So I'm trying to figure out my Employee Stock Purchase Plan (ESPP) tax situation and I'm completely lost on the adjusted basis calculation. Here are the details: I bought 43.7921 shares through my company ESPP on 6/15/23 at $45.82 per share (which included the 15% discount from the "Subscription FMV" of $53.91). Then I sold those exact shares just a few days later on 6/22/23 for a total of $2,986.44 (about $68.20 per share). My purchase confirmation shows the original basis was $2,006.53 with the discounted purchase price. The "Purchase FMV" listed on my statement was $71.89 per share on the purchase date. I thought I had this figured out - I was going to report these numbers in TurboTax, then indicate the basis was incorrect and enter an adjusted cost basis. My understanding was that I should add the 15% discount back to calculate the adjusted basis since that amount will be on my W-2 as ordinary income. So I calculated: 43.7921 shares Γ— $53.91 (Subscription FMV) = $2,360.82 as my adjusted basis. This would make my ordinary income $354.29 (the difference between adjusted basis and original basis). But here's where I'm confused... I just got my ESPP Disposition Summary and it says my Ordinary Income from this sale is $1,142.57! What? It looks like they're using the "Purchase FMV" price ($71.89) rather than the "Subscription FMV" price ($53.91). Am I totally misunderstanding how this works? Does it even matter since these are short-term holdings and I'll pay ordinary income tax either way? I'm so confused right now.

Olivia Garcia

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Has anyone used TurboTax to report ESPP sales? I'm trying to figure out how to adjust the cost basis correctly since my 1099-B only shows what I paid, not the adjusted basis after adding back the discount.

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Noah Lee

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I use TurboTax every year for my ESPP sales. When you enter the sale, there's an option to indicate it was an ESPP sale. Then you select "disqualifying disposition" and enter both the purchase price and the FMV on purchase date. TurboTax will automatically calculate the ordinary income portion and the capital gain/loss portion correctly. Make sure you check that the ordinary income amount matches what's on your W-2 though. Sometimes employers report it in Box 1 (wages) and sometimes in Box 14 (other income), but either way it should be included in your W-2 somewhere.

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Olivia Garcia

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That's super helpful! I was trying to manually adjust the cost basis field without using the specific ESPP option. I'll look for that option when I enter my sale information. Thanks for saving me from making a reporting error!

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Dmitri Volkov

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I went through this exact same confusion with my ESPP last year! The key thing to understand is that with a disqualifying disposition (selling within one year), the ordinary income calculation uses the Purchase FMV, not the Subscription FMV. Your ESPP Disposition Summary showing $1,142.57 in ordinary income is correct. Here's the math: 43.7921 shares Γ— ($71.89 Purchase FMV - $45.82 actual purchase price) = $1,142.57. This means your adjusted cost basis for capital gains purposes is actually $71.89 per share (the Purchase FMV), not your original purchase price. So your capital loss would be: $2,986.44 (sale proceeds) - (43.7921 Γ— $71.89) = approximately -$162.66. The total tax impact is roughly the same as you calculated, but it's split between ordinary income (taxed at your marginal rate) and capital loss (which can offset other gains or up to $3,000 of ordinary income). Make sure this ordinary income amount appears somewhere on your W-2 - usually in Box 1 or Box 14.

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Amara Chukwu

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This breakdown is really helpful! I was getting confused by all the different FMV dates, but your explanation makes it clear why the Purchase FMV is used for disqualifying dispositions. One quick question - when you mention the ordinary income should appear on the W-2, is that something that happens automatically or do I need to contact my employer? I haven't received my W-2 yet for this tax year, but I want to make sure I know what to look for when it arrives. Also, does the timing of when the ordinary income gets reported matter? Like, is it reported in the year I purchased the shares or the year I sold them?

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I went through this exact same process with Charles Schwab about 6 months ago as a UK resident. The confusion around Article 13 is really common because most people expect to see a percentage rate, but for capital gains, UK residents actually get 0% withholding under the treaty. Here's what I learned: Article 13 covers capital gains, and under the US-UK tax treaty, these gains are only taxable in your country of residence (UK), not in the US. So you literally write "0%" in the treaty rate field. It feels wrong when you're filling it out, but that's the correct answer. The other thing that tripped me up initially was understanding that if you plan to receive dividends, you'd also need to reference Article 10, which typically gives you a 15% rate instead of the standard 30% non-treaty rate. Charles Schwab's customer service can help verify this if you're still unsure, but based on my experience and what others have confirmed here, 0% for Article 13 capital gains is definitely correct for UK residents. The form was accepted without any issues when I submitted it.

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GalacticGuru

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Thanks for sharing your experience! This is really reassuring to hear from someone who's actually been through the process recently. I was definitely one of those people expecting to see a percentage rate, so knowing that 0% is correct for Article 13 capital gains helps a lot. Quick follow-up question - when you submitted your form to Charles Schwab, how long did it take for them to process and confirm it was accepted? I'm eager to get my account set up but want to make sure I allow enough time for any potential back-and-forth if there are issues with the form. Also, did you end up claiming benefits under both Article 13 and Article 10, or just focus on one depending on your investment strategy?

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Nia Thompson

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I just went through this exact same process with Charles Schwab last month as a UK resident, and I can confirm what everyone else is saying about Article 13. The correct rate to enter is indeed 0% for capital gains. What helped me understand this was realizing that the US-UK tax treaty essentially says "capital gains from US investments are only taxed in your country of residence (the UK), not in the US." So when the form asks for the treaty rate, you're telling them the US withholding rate is zero percent. I was initially confused because most tax forms involve entering positive percentages, but in this case, 0% is the actual treaty benefit you're claiming. My form was processed and accepted by Charles Schwab within about 3-4 business days. One practical tip: if you're planning to invest in dividend-paying stocks as well, make sure you understand Article 10 for dividend withholding (typically 15% for UK residents). You might need to claim benefits under both articles depending on your investment strategy. The key is being confident that as a legitimate UK tax resident, you're absolutely entitled to these treaty benefits. Don't let the unusual 0% rate make you second-guess yourself!

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This is exactly the kind of real-world confirmation I needed to hear! I've been going in circles trying to figure out the Article 13 section, and like you said, seeing 0% just feels wrong when you're used to filling out forms with actual percentages. Your point about being confident in claiming treaty benefits as a legitimate UK resident really resonates with me. I think I was overthinking it because the stakes feel high when dealing with tax forms, but you're absolutely right that we're entitled to these benefits. Quick question - when you mention claiming benefits under both Article 13 and Article 10, do you fill out separate sections of the same W-8BEN form, or is there a different process for claiming multiple treaty benefits? I'm planning a mixed investment strategy with both growth stocks and dividend-paying stocks, so I want to make sure I'm covered for both scenarios. Thanks for sharing the processing timeline too - 3-4 business days is much faster than I expected!

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Jade O'Malley

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I messed this up last year and had to amend my return. Filed as single when I should have used married filing separately. Cost me an extra $800 in penalties and interest, plus the amendment fee my tax guy charged. Don't make my mistake!!!

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Did the IRS catch this on their own or did you realize the mistake first?

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Jade O'Malley

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I realized it after talking to a coworker in a similar situation. The IRS hadn't caught it yet, but I didn't want to risk an audit later. My tax preparer said they're getting more sophisticated with their systems for catching filing status discrepancies, especially if there's any history of you being married in their records (like previous joint returns, or if your spouse had previously been in the US). Better to fix it voluntarily than have them come after you later with bigger penalties!

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Jade Lopez

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This is such a helpful thread! I'm dealing with a similar situation with my husband in the Philippines. One thing I learned from my tax advisor that might help others here - if you're considering the 6013(g) election to file jointly, make sure you understand that once you make this election, your spouse becomes subject to US tax on their worldwide income for that entire tax year, even if they only earned income abroad. For those with spouses who have minimal or no income, this usually works out great. But if your spouse has significant foreign income, you'll want to run the numbers carefully. Sometimes Married Filing Separately ends up being better despite the less favorable brackets, especially if your spouse's country has high tax rates that you can't fully credit against US taxes. Also, @Chris King regarding Thailand - the US-Thailand tax treaty does have some provisions that could affect you, particularly around pension income if that's relevant to your situation. Definitely worth reviewing Article 18 of the treaty if your wife has any Thai retirement or government payments.

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