


Ask the community...
Just want to add another option to consider: Delaware Statutory Trusts (DSTs) through a 1031 exchange. First, you'd need to convert your stock proceeds into investment real estate (even a small property would work), then you could 1031 exchange into DST interests. DSTs are passive investments in institutional-quality real estate. You get: - Tax deferral through the 1031 exchange - Professional management (solving your time constraint issue) - Regular income from the properties - Potential appreciation The catch is that first step - you need to buy real estate before you can 1031 into a DST. Given your timeline with the acquisition, this might be challenging, but worth exploring.
This is incorrect advice. You cannot 1031 exchange from stocks into real estate. Section 1031 only applies to "like-kind" exchanges of real property (real estate for real estate). Stock sales cannot be rolled into a 1031 exchange. This is a fundamental limitation of 1031 exchanges that hasn't changed with tax reforms.
For someone in your situation with $1.8M in forced capital gains, I'd strongly recommend working with a tax professional who specializes in large capital gains events - this isn't the time for DIY tax planning given the amounts involved. A few additional considerations beyond what's already been mentioned: **Installment Sales**: Even though it's an acquisition, check if the buyer might structure part of the payment as deferred consideration or earnouts. This could spread the gain over multiple years. **Net Investment Income Tax**: Don't forget about the 3.8% NIIT on top of capital gains rates for high earners. This affects your total tax calculation. **State Tax Planning**: Depending on your state, you might benefit from establishing residency in a no-capital-gains-tax state before the sale if feasible and legitimate. **Bunching Deductions**: Since you'll have a high-income year, consider bunching charitable deductions, state/local taxes (up to the $10K limit), and other itemized deductions into this tax year. The QOZ route seems most promising for your situation, but due diligence on fund quality is absolutely critical. Look for funds with experienced real estate developers, clear business plans, and regular investor reporting. Avoid anything that feels like a pure tax play without underlying investment merit. Given the 180-day deadline for QOZ investments after your stock sale, start your research now so you're ready to move quickly once the acquisition closes.
This is excellent comprehensive advice. I want to emphasize the importance of the state tax planning point you mentioned. If you're currently in a high-tax state like California or New York, establishing legitimate residency in a state with no capital gains tax (like Texas, Florida, or Nevada) before the sale could save you hundreds of thousands in state taxes alone. However, this needs to be done carefully with proper documentation of your move - the IRS and state tax authorities scrutinize these situations heavily when large gains are involved. Also, regarding the 180-day QOZ deadline, it's worth noting that this starts from the date of the stock sale, not when you receive the proceeds. With acquisitions, these dates might be different, so clarify this timing with your tax advisor to ensure you don't miss the window. One more thing to consider: if you do go the QOZ route, you might want to spread your investment across 2-3 different high-quality funds rather than putting everything into one. This provides diversification and reduces the risk of one poorly performing project derailing your entire tax strategy.
You're asking the right questions, but I think you're missing some nuanced benefits. Yes, single-member LLCs have weaker liability protection than multi-member ones, but they're not completely useless. The key is understanding what they DO protect against. An LLC can shield you from business debts and contractual obligations. If your business defaults on a loan or can't pay suppliers, creditors generally can't go after your personal house, car, or savings. Where it gets murky is with personal liability - if YOU personally cause harm (malpractice, negligence, etc.), the LLC won't protect you. The tax "disregarded entity" status is actually a feature, not a bug, for many small businesses. It simplifies your taxes while keeping the door open for future elections. Once you hit around $60K+ in profit, you can elect S-Corp status and potentially save thousands in self-employment taxes. The real scam isn't LLCs themselves - it's the cottage industry of services that charge $500+ to file $50 worth of paperwork. Most states let you file directly online for under $200. The ongoing costs (annual reports, etc.) are usually minimal too. Bottom line: LLCs aren't magic bullets, but they're useful tools when set up properly and used as part of a broader business strategy.
This is exactly the kind of balanced perspective I was hoping to find! The point about contractual vs. personal liability is huge - I hadn't really understood that distinction before. I'm curious about the S-Corp election you mentioned. Is that something you can do at any time, or are there specific deadlines? I'm nowhere near $60K in profit yet, but it's good to know that option exists for the future. Also, do you have any recommendations for resources to learn about setting up an LLC properly? I want to make sure I'm doing all the formalities correctly from the start.
Great question about the S-Corp election timing! You generally have until March 15th of the tax year you want it to be effective, but there's also a "late election relief" provision that can help if you miss the deadline. The IRS allows retroactive elections in certain circumstances. For setting up an LLC properly, I'd recommend starting with your state's Secretary of State website - most have good guides. The key things are: 1) Draft a comprehensive operating agreement (even as a single member), 2) Get an EIN from the IRS, 3) Open a dedicated business bank account, 4) Keep meticulous records separating business and personal expenses, and 5) Follow all state compliance requirements (annual reports, etc.). NOLO has some excellent books on LLC formation that go into the legal nuances without being overly technical. Just remember - the goal isn't just to form the LLC, it's to operate it in a way that maintains the legal protections it provides.
As someone who's been through this exact decision process, I think the real issue is that LLCs are often presented as either "essential" or "worthless" when the truth is much more nuanced. You're absolutely right that the liability protection for single-member LLCs is weaker than many people realize. Courts are more willing to pierce the corporate veil when there's only one owner, especially if you haven't maintained strict formalities. But "weaker" doesn't mean "nonexistent." The key insight I wish someone had told me earlier is that LLCs protect you from different types of risks in different ways. They're much better at protecting against business debts and contractual liabilities than they are at protecting against personal torts or professional malpractice claims. Here's what changed my perspective: I realized I was thinking about it backwards. Instead of asking "Is an LLC worth it?" I started asking "What are my specific risks, and how does each business structure address them?" For my consulting business, the main risks were client payment disputes and potential contract breaches - areas where an LLC actually does provide meaningful protection. The tax situation is actually more flexible than it initially appears. Yes, you start as a disregarded entity, but that keeps your options open. As your business grows, you can elect different tax treatments without having to restructure entirely. My recommendation: Don't form an LLC just because everyone says you should, but don't dismiss it just because the protection isn't perfect. Analyze your specific situation, risks, and long-term plans first.
This is such a helpful way to think about it! I've been going in circles trying to decide whether to form an LLC for my freelance writing business, and your point about analyzing specific risks first really resonates. My main concerns are around client payment disputes and potential issues with content ownership or copyright claims. It sounds like an LLC might actually be useful for those contractual-type issues, even if it won't help much if I personally mess up and get sued for something like defamation. One thing I'm still confused about though - you mentioned maintaining "strict formalities" to keep the liability protection. What does that actually look like for a single-member LLC? I keep seeing this advice but nobody explains what the day-to-day requirements are.
Don't forget about the medical mileage rate if she ever uses a personal vehicle for appointments! It was 22 cents per mile for 2023.
OP already said neither her mom nor she have a car. Reading comprehension ftw.
Just wanted to add some practical advice from someone who's been through this exact situation with my elderly father. Your documentation approach is solid, but I'd suggest one additional step that really helped us during an IRS inquiry. Create a simple one-page summary that shows the total medical transportation expenses ($262.50 for bus trips + the two Lyft rides) alongside her other major medical expenses for the year. This gives context and shows the transportation costs are reasonable relative to her overall medical care. Also, since your mom doesn't drive, you might want to note that in your documentation - it establishes that public transit was her necessary and reasonable method of transportation, not just a choice. The IRS looks favorably on taxpayers who use the most economical transportation method available. One last tip: if any of those 35 appointments were for specialists that required referrals, keep those referral documents too. They help establish the medical necessity of each trip. Good luck with your filing!
Important point nobody mentioned - even if you determine your mom can't claim you as a dependent, you need to coordinate with her before filing. If she incorrectly claims you and you also claim yourself, both returns will get flagged and processed manually, delaying any refund by months. Make sure to talk to her BEFORE either of you file. You don't want to be in a situation where the IRS has to sort it out.
If the mom already filed claiming OP as a dependent, is OP just screwed? Like does he have to wait until next year to file correctly or what?
If your mom already filed claiming you as a dependent, you can still file your own return claiming yourself. You'll need to paper file (can't e-file) and the IRS will investigate to determine who has the right to claim you. It's not ideal because it delays processing, but you're not stuck waiting until next year. The IRS will contact both of you to resolve the discrepancy and whoever doesn't have the right to claim the dependency will need to file an amended return. Given your income level, you'd likely win that determination.
I was in a very similar situation last year and want to share what I learned. The key thing that helped me was creating a detailed spreadsheet of ALL my expenses for 2024 - not just the obvious ones like tuition and rent. Here's what I included in my support calculation: - Tuition and fees (what mom paid vs what I paid) - Housing costs (rent, utilities, renter's insurance) - Food expenses (groceries, dining out, meal plans) - Transportation (car payments, insurance, gas, public transit) - Medical expenses (insurance premiums, copays, prescriptions) - Personal expenses (clothing, phone bill, entertainment) - Educational supplies (books, laptop, etc.) When I added everything up for the full year, even though my parents paid my tuition and supported me through May, I had actually provided more than half my own support because my post-graduation expenses were substantial and I was making good money. The bright side of not being claimed as a dependent was significant - I got the full standard deduction, qualified for education credits on expenses I paid myself, and my overall refund was actually larger than the dependent exemption would have saved my parents. Sometimes it works out better for the family overall if the new graduate files independently! Definitely run the numbers both ways before deciding, and make sure you and your mom are on the same page before either of you files.
Savanna Franklin
One thing to watch out for - make sure you're only counting actual scholarships and not loans! I almost made this mistake. My son had what the school called a "tuition award package" that included both scholarships and subsidized loans. Only the scholarship portion qualifies for the penalty exception. Also, keep really good records. I had to go through an IRS verification process last year, and they wanted documentation showing the scholarship amounts for each year, plus proof of the 529 withdrawal purpose. Better to have too much documentation than not enough!
0 coins
Javier Mendoza
This is such great information! I'm actually in a very similar boat - my son graduated in 2021 and we still have about $15,000 sitting in his 529 from various merit scholarships he received. I had no idea we could withdraw penalty-free based on scholarship amounts until I stumbled across this thread. One question though - if I withdraw now in 2023, do I report this on my 2023 tax return even though the scholarships were from 2018-2021? And do I need to break down which scholarship amounts came from which years, or can I just total them all up as long as I don't exceed the total scholarship amount received? Really wish I had known about this sooner, but better late than never! Thanks everyone for sharing your experiences.
0 coins
Katherine Hunter
ā¢Yes, you'll report the withdrawal on your 2023 tax return since that's when you're actually taking the money out. You don't need to break it down by individual years - you can just total up all the scholarship amounts from 2018-2021 as long as your withdrawal doesn't exceed that total. When you file, you'll receive a Form 1099-Q from the 529 plan administrator showing the withdrawal details. The key is having documentation of those scholarship amounts in case the IRS asks for verification. I'd recommend gathering all the award letters or financial aid summaries from those years showing the scholarship totals before you make the withdrawal. The earnings portion of your withdrawal will be taxable income in 2023, but no penalty as long as you stay within the scholarship amount limits. Pretty straightforward once you have all the paperwork organized!
0 coins