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I'm still confused about one thing - is the GSTT calculated on the amount AFTER the gift tax is paid or on the original amount? For example, if I'm giving $1M to my grandson and I've used up all exemptions: 1) Do I pay 40% gift tax ($400k) and then 40% GSTT on the remaining $600k ($240k) for a total of $640k tax? OR 2) Do I pay 40% gift tax ($400k) and 40% GSTT on the full $1M ($400k) for a total of $800k tax? The difference is huge!
It's option 2 - both taxes are calculated on the original amount. So for your $1M gift to your grandson (assuming all exemptions are used): - 40% gift tax on $1M = $400K - 40% GSTT on $1M = $400K - Total tax = $800K The GSTT is NOT calculated on the net amount after gift tax. Both taxes are calculated separately on the gross amount of the transfer. This is why the total tax burden can reach 80% of the transferred amount when all exemptions are exhausted.
This is such a helpful thread! I'm dealing with a similar situation where my elderly father wants to set up education funds for his great-grandchildren, and we were completely shocked when our attorney mentioned the potential for 80% combined taxation. One thing I learned from our estate planning attorney that might help others: if you're making direct payments for education or medical expenses, those payments don't count as taxable gifts at all - no gift tax AND no GSTT - as long as you pay the institution directly instead of giving the money to the family member. So instead of giving your grandchild $50,000 for college (which would trigger both taxes if exemptions are used up), you can pay $50,000 directly to the university with zero tax consequences. Same with medical bills - pay the hospital or doctor directly. It's not a complete solution for large wealth transfers, but it's at least one way to help the younger generations without getting hammered by taxes. We're now structuring my father's gifting strategy around maximizing these direct payments plus the annual exclusions before considering any larger transfers that would trigger the double taxation nightmare.
This is exactly the kind of practical advice that can make a huge difference! I had no idea about the direct payment exemption for education and medical expenses. That's brilliant - you're essentially making unlimited tax-free transfers as long as they're for qualifying expenses paid directly to providers. Do you know if there are any restrictions on what qualifies as "educational expenses" for this exemption? Like, does it have to be tuition only, or can it include things like room and board, books, or even graduate school expenses? With college costs being so high, maximizing this strategy could really add up over time. Also wondering if this works for medical insurance premiums or if it has to be direct medical care expenses?
If I take home office deduction does anyone know if it increases audit risk? I've heard mixed things and not sure if it's worth the hassle if IRS is going to flag me.
I've claimed home office deduction for 7 years running and never been audited. Just make sure you ACTUALLY use the space exclusively for business. The "exclusive use" requirement is what trips most people up. Don't put a guest bed in there or let your kids use it as a playroom - it needs to be 100% business.
The key thing to remember is that you have two options for claiming the home office deduction: the simplified method (up to $1,500 for 300 sq ft at $5/sq ft) or the actual expense method using Form 8829. If you choose the actual expense method with Form 8829, then yes - you cannot also deduct those same home expenses in Part 2 of Schedule C. However, there are some expenses that can still go in Part 2 even with a home office. For example, if you have a separate business phone line, office supplies, or business equipment that's not part of the home structure itself, those would still be deductible in Part 2. The rule is really about not double-counting the same expense. Given that your home office is 15% of your house, I'd strongly recommend calculating both methods to see which gives you a bigger deduction. The simplified method would give you up to $1,500 (if your office is 300+ sq ft), while the actual expense method might be much higher depending on your mortgage interest, property taxes, utilities, and other qualifying expenses.
I actually just filed my taxes for a similar situation. One thing to consider is whether the meal credits were specific to the hotel restaurants or if they could be used anywhere. If the credits only worked at hotel restaurants, I would treat them as "meals provided during travel" and reduce my per diem. If they were general credits that could be used anywhere (like a credit card statement credit), then they're more like a discount on the overall trip and might not reduce your per diem. Hope that helps!
Thanks for this insight! In my case, the credits could only be used at the hotel restaurants or room service. Based on what you and others have said, it sounds like I should reduce my per diem by the amount I actually used from those credits. The credits couldn't be used for anything except food and beverages, so they definitely fall into the "meals provided" category. Did you run into any issues with documentation when you filed? I'm wondering what kind of records I should keep beyond my hotel folios.
For documentation, I kept copies of all my hotel folios showing the credits, plus receipts showing how much of the credits I actually used. I also created a simple spreadsheet showing my calculation of the adjusted per diem (standard amount minus credit used). Most important is to be consistent and have a clear explanation for your calculation if you're ever questioned. The IRS mainly wants to see that you have a reasonable basis for your deduction and you're not double-dipping. As long as you can show how you arrived at your numbers and why it's fair, you should be good.
This is a great discussion with some really helpful perspectives! As someone who travels frequently for work, I've learned that the key is always being able to document your reasoning clearly. Based on everything shared here, it sounds like the consensus is that you should reduce your standard meal allowance by the actual value of the hotel meal credits you used (not just what was offered). Since your credits were restricted to hotel restaurants only, they definitely qualify as "meals provided during travel." One additional tip I'd add: when calculating your adjustment, make sure to account for any taxes or gratuities that weren't covered by the credits. If you used $150 of credits but paid an additional $30 in tips and taxes out of pocket, you might be able to factor that into your calculation. Keep detailed records of everything - your hotel folio, receipts showing credit usage, and a simple calculation sheet explaining your math. The IRS appreciates transparency, and having a clear paper trail will give you confidence in your filing.
Bit late to the discussion but wanted to add that we have a similar partnership structure for our rentals. We confirmed with our CPA that tools under the de minimis safe harbor threshold ($2,500 per invoice for most taxpayers) can be expensed immediately rather than capitalized, even for partnerships.
I've been using the de minimis safe harbor too, but I thought the threshold was only $500 for partnerships without an applicable financial statement? Has this changed recently?
You're correct to question this - the de minimis safe harbor threshold is indeed $500 for taxpayers without an applicable financial statement, which would include most small partnerships. The $2,500 threshold only applies to taxpayers with audited financial statements. So for most rental partnerships like what's being discussed here, tools and equipment purchases under $500 per item can be expensed immediately, while anything over that amount generally needs to be capitalized and depreciated. This is an important distinction that could affect how @StarSurfer and others are handling their tool purchases on Form 8825.
Great discussion here! I want to emphasize something that might get overlooked - the distinction between repairs and improvements is crucial for Form 8825 reporting. When your partners are doing work themselves, you need to carefully categorize what they're doing. Replacing sheetrock in vacant units and fixing plumbing issues are typically repairs (deductible immediately), but if they're substantially improving the properties beyond their original condition, those costs might need to be capitalized as improvements and depreciated. Also, regarding the Airbnb units versus long-term rentals - make sure you're consistent in treating both as rental real estate activities on Form 8825. The IRS generally considers short-term rentals like Airbnb as rental real estate rather than ordinary business income, especially when the average rental period is 7 days or less and the owner doesn't provide substantial services. Keep detailed records of what work is being performed and the materials used for each property. This will be essential if you ever face an audit or need to justify the repair vs. improvement classification.
This is really helpful clarification on the repair vs. improvement distinction! I'm curious about the record-keeping aspect you mentioned - what level of detail do you recommend for documenting the work performed? For example, if the partners spend a Saturday replacing drywall in multiple units, should they be tracking hours per unit, or is it sufficient to document the overall materials cost and general description of work performed? I want to make sure we're maintaining adequate documentation without creating an administrative burden that discourages their hands-on involvement. Also, regarding the Airbnb classification, does the substantial services test change if they're providing things like cleaning between guests and restocking amenities? Or does that still fall under rental real estate as long as the core activity is providing lodging?
Andre Moreau
Pro tip: Regardless of which tax software you use, ALWAYS review the actual forms before submitting. Go to the Forms section in TurboTax and check: 1) Form 8889 - This is specifically for HSA reporting 2) Schedule 1 - Your HSA deduction should appear on line 25 3) Form 1040 - Verify your total income and adjustments match what you expect The interview and summary screens in tax software are helpful, but they sometimes have display glitches that can cause unnecessary stress. The actual tax forms are what matter to the IRS.
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Harper Collins
This is such a common issue that causes unnecessary panic every tax season! I had the exact same problem with TurboTax last year - the summary screen showed $0.00 for my HSA contributions even though I had contributed the full amount. What I learned after digging into it is that TurboTax's summary screens are notoriously unreliable for showing the actual tax impact of various deductions. The software often displays $0.00 when it's already accounted for the benefit elsewhere in your return, or when there are display bugs in the interface. The key is to ignore those summary screens entirely and focus on the actual tax forms. Go straight to Form 8889 in the Forms section - that's where your HSA contributions are officially reported to the IRS. Then check Schedule 1, line 25 to see if your HSA deduction is properly reflected there. If those numbers look right, you're good to go regardless of what the summary screen says. I've found that TurboTax's interview process works fine for gathering information, but their summary and "tax breaks" displays are often misleading or incomplete. Always verify the actual forms before filing!
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