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Ask the community...

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Laila Fury

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Anyone know if property management fees count toward the "services" that might trigger self employment tax? I own the properties but pay a company to handle everything.

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PaulineW

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Using a property management company actually strengthens your position that it's passive income not subject to self-employment tax. When you hire a management company, you're further removed from the day-to-day operations, which reinforces the passive nature of your investment. The management company might need to pay self-employment tax on their fees (depending on their business structure), but you as the property owner are just collecting passive rental income. This arrangement makes it very clear that you're an investor, not running an active business, so you can still potentially qualify for QBI without worrying about SE tax.

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Rachel Clark

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This is exactly the kind of confusion that trips up so many rental property owners! You're smart to think through the implications before diving in. The key thing to understand is that the QBI deduction and self-employment tax operate under completely different rules. The IRS specifically designed the rental real estate safe harbor (Rev. Proc. 2019-38) to allow rental properties to qualify for QBI while maintaining their status as passive investments for SE tax purposes. Think of it this way: QBI asks "is this a business activity?" while SE tax asks "are you actively engaged in a trade or business?" For rentals, the answer can be yes to the first and no to the second. As long as you're doing normal landlord stuff - collecting rent, arranging maintenance, screening tenants, handling lease agreements - you're still in passive income territory. The line gets crossed when you start providing substantial personal services to tenants (like daily housekeeping, meals, or concierge services that would make it more like running a hotel). So you can absolutely pursue that QBI deduction without worrying about suddenly owing SE taxes on your rental income. Just make sure you meet the safe harbor requirements if you go that route.

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Isaiah Cross

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anybody know if AOTC is better than the Lifetime Learning Credit? my tax guy said AOTC is usually better but depends on your situation

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Esteban Tate

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AOTC is almost always better than the Lifetime Learning Credit if you qualify for both. AOTC gives up to $2,500 with $1,000 being refundable, while Lifetime Learning only gives up to $2,000 and none is refundable. AOTC is only for the first 4 years of undergraduate education though, while Lifetime Learning has no limit on years and can be used for graduate school or professional courses. So if you're beyond your 4th year or in grad school, Lifetime Learning would be your only option between those two credits.

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Isaiah Cross

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thx that makes sense. im still in undergrad so AOTC sounds better for me

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Just wanted to add a few key points that might help others in similar situations: 1. The AOTC requires you to be enrolled at least half-time in a degree program, while the Tuition and Fees Deduction doesn't have this requirement. 2. If you receive a refund from your school for any reason (dropped classes, etc.), you need to reduce your qualified expenses by that amount or potentially pay back part of the credit. 3. Keep ALL your receipts and documentation - not just the 1098-T. The IRS can audit education credits, and you'll need proof of what you actually paid and when. 4. If you're planning to continue school beyond 4 years total (including any previous colleges), start thinking about whether to save some AOTC eligibility for later years when your expenses might be higher. With your income level and being in year 3, the AOTC is definitely your best bet. Just make sure you're tracking everything properly for future years!

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This is really helpful info! I'm new to filing taxes with education expenses and wasn't aware of the half-time enrollment requirement for AOTC. Does that mean if I took summer classes that were less than half-time, those expenses wouldn't qualify for the AOTC but could still be used for the Tuition and Fees Deduction? Also, when you mention saving AOTC eligibility for later years - can you choose not to claim it in a year when you have qualified expenses, or once you have qualifying expenses do you have to claim it?

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I'm dealing with a very similar situation - renting to my elderly parents below market rate. One thing I learned from my CPA is that you should also document WHY you're charging below market rent. In my case, I kept records showing that my parents help with property maintenance and yard work, which justifies some of the rent reduction. Also, make sure you're treating this like a real business relationship even though it's family. I set up automatic bank transfers for the rent payments so there's a clear paper trail, and I give my parents a receipt each month. The IRS wants to see that this is a legitimate rental arrangement, not just you letting family live there cheaply. One more tip - if your mother-in-law ever stays elsewhere for extended periods, keep track of those days. If the property is vacant for more than 14 days per year due to personal use (like if she visits other family), it affects your tax calculations even more.

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This is really helpful advice! I hadn't thought about documenting the reasons for below-market rent. In our case, my mother-in-law also helps with some light maintenance and keeps an eye on the property when we travel, so that could justify part of the rent reduction. I'm curious about the 14-day rule you mentioned - does that apply even if it's the tenant (my mother-in-law) who's away, not us using it personally? We don't use the property at all since she moved in, but she does visit her sister for a week or two each year. Would those days count against us somehow? Also, do you happen to know if there are any specific forms or templates for family rental agreements that include the kind of documentation the IRS likes to see?

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Miguel Silva

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I went through this exact situation a few years ago when I rented to my uncle below market rate. One crucial thing to understand is that even though your deductions are limited to your rental income, you still need to report ALL the rental income you receive - even if it's below market value. For your situation, you'll report the $850/month ($10,200 for the year, assuming 12 months) on Schedule E. Your deductible expenses can't exceed this amount, but here's what many people miss: you need to allocate expenses properly between rental and personal use portions. Since you're only collecting about 60-65% of market rent, the IRS may require you to allocate expenses accordingly. This means if your total property expenses (mortgage interest, taxes, insurance, etc.) are $15,000 for the year, you might only be able to deduct $10,200 of them as rental expenses on Schedule E. The remaining $4,800 could potentially be deductible on Schedule A if you itemize. Also, don't forget about depreciation - even with limited rental income, you can still depreciate the portion of the property used for rental purposes, but again, only up to your net rental income limit. Keep excellent records of everything, including a formal lease agreement with your mother-in-law, even if it feels awkward with family.

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This is really comprehensive advice, thank you! The allocation concept makes a lot of sense - I hadn't fully understood that I might need to split expenses between rental and personal use portions based on the percentage of market rent I'm collecting. One question about depreciation - if I can only depreciate up to my net rental income limit, does that mean any unused depreciation is lost forever, or can it be carried forward to future years? Also, since we only started collecting rent in July (she moved in June but we didn't charge rent the first month), do I need to prorate everything for the partial year? I'm definitely going to create a formal lease agreement now. Do you know if there are any specific clauses that should be included for family rentals to satisfy IRS requirements, or would a standard residential lease template work fine?

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Olivia Evans

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One thing nobody's mentioned - if you're using your Roth for a first-time home purchase, you might not even need to roll it back! You can withdraw up to $10,000 of earnings (not just contributions) from a Roth IRA penalty-free for a first-time home purchase. And remember, contributions can always be withdrawn tax and penalty free anyway. So depending on whether this was contribution money or earnings, and if it's your first home, you might be overthinking this. Worth looking into before going through the rollover hassle.

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This is partially right but kinda misleading. Yes, there's a first-time homebuyer exception for Roth IRAs, but there are age and holding period requirements too. The account needs to have been open for at least 5 years before the $10k of earnings becomes penalty-free (though still taxable if you're under 59½).

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Great question about the mechanics! I've helped several clients through this exact scenario. You're correct that you can roll the money back into the same Roth IRA - no need to open a new account elsewhere. One important detail to add: make sure you have the exact amount you withdrew ($13,500) to roll back in. If you roll back less than the full amount, the difference will be treated as a permanent distribution and could be subject to taxes and penalties depending on whether it came from contributions or earnings. Also, keep detailed records of both the withdrawal date (July 12th) and the rollover date. The IRS counts calendar days, not business days, so you want to be absolutely certain you're within that 60-day window. Since you're planning around 45 days, you should be fine, but it's worth marking the exact deadline on your calendar just to be safe. For the tax reporting, you'll indeed receive a 1099-R from Fidelity, but when you complete the rollover within 60 days, you'll report it as a non-taxable transaction on your return. The key is making sure both the distribution and rollover are properly documented.

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This is really helpful advice! I'm curious about the record-keeping aspect - what specific documentation should I keep beyond just the withdrawal and deposit statements? Should I be getting any kind of written confirmation from Fidelity that they're treating the deposit as a rollover rather than a regular contribution? I want to make sure I have everything I need if the IRS ever asks questions down the road.

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Yara Nassar

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Has anyone used the TurboTax live expert feature for this kind of situation? I'm having a similar issue and wondering if it's worth the extra cost or if they just tell you generic advice you could find online.

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StarGazer101

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I tried it last year for a similar rental property question. The expert I got was okay but seemed rushed and didn't really address my specific situation. Gave me some general guidelines but nothing customized to my circumstances. For basic questions it's fine but for something complicated like this I'd go with a real CPA or even the taxr.ai thing others mentioned.

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Jean Claude

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I went through something very similar when I converted my home to a rental property mid-year. The 15-day rule is indeed frustrating, but don't worry - your expenses aren't lost! Here's what I learned after consulting with my CPA: Those $6k in expenses you mentioned are considered "startup costs" for your rental business. Since you didn't rent for 15+ days in 2023, you're right to delete the rental from your 2023 return per the software's guidance. For 2024, when you're actively renting, you have a few options: 1. Add all expenses to your property's basis and depreciate over 27.5 years 2. Make a Section 195 election to deduct up to $5,000 in startup expenses immediately in your first year of business, with the remainder amortized over 15 years The second option could be huge for you since you have $6k in expenses. You'd deduct $5k immediately in 2024 and spread the remaining $1k over 15 years. Make sure to categorize your expenses correctly between repairs (potentially immediately deductible once rental activity begins) versus improvements (must be capitalized). Keep detailed records of everything with receipts and descriptions. The key is that your rental business officially starts in 2024, not 2023, so that's when these rules kick in. Don't let the software trick you into thinking you've lost those deductions forever!

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This is exactly the kind of detailed guidance I was hoping for! The Section 195 election sounds like it could save me a lot of money. Is this something I need to file separately or can I just make this election when I file my 2024 return? And do I need to notify the IRS in advance that I'm planning to make this election, or is it just a checkbox/form when I file? Also, since I'm new to rental properties, how do I prove to the IRS that my "rental business" officially started in 2024? Is it just based on when I received my first rental payment, or do I need some other documentation?

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