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Has anyone dealt with Form 8833? My accountant is saying I need to file this to claim treaty benefits for the step-up basis on property I sold after immigration. Is this really necessary?
Form 8833 is for reporting treaty-based return positions, but the step-up in basis for new residents isn't actually a treaty provision - it's part of regular US tax law (specifically IRC Section 1.1-1(b)). So you shouldn't need Form 8833 for just the step-up basis claim. However, if you're claiming benefits under a specific treaty provision between the US and your former country, then Form 8833 would be needed for those specific claims.
This is exactly the kind of situation where having proper documentation from day one of your US residency is crucial. I went through something similar when I moved from the UK with both property and investment accounts. One thing I'd add to the excellent advice already given - make sure you also document any improvements or renovations you made to the property during your ownership, even before becoming a US resident. While you get the step-up basis to fair market value on your residency date, any additional improvements after that date can be added to your basis as well. Also, keep in mind that different states might have different rules for how they treat this situation, so if you're in a state with income tax, you'll want to check their specific requirements too. Some states don't automatically follow the federal step-up basis rules. The $5,000 gain you're looking at is definitely manageable tax-wise, especially compared to what it could have been! Just make sure you have all your documentation organized - the appraisal, the sale documents, and any records showing the timeline of your residency status change.
This is really helpful advice about documentation! I'm curious about the state tax implications you mentioned. I'm currently in California and wondering if they have any special rules for new residents with foreign assets. Do you know if California recognizes the federal step-up basis, or do they have their own calculation method? I want to make sure I'm prepared for both federal and state filing requirements.
The real question is why tf does it take so long for ANY of us to get our money back? Like this is OUR money were talking about š¤”
i filed HOH and got mine in 8 days but my sister filed single and shes still waiting after 3 weeks. its random af tbh
exactly! my cousin filed MFJ and got hers back in 6 days while i'm still waiting after 2 weeks filing single. there's definitely other factors at play here besides filing status
I think people are missing an important point about the FAFSA and financial aid applications for grad school. The way your gambling income is reported can HUGELY impact your Expected Family Contribution calculation. When I applied for grad school, my gambling winnings (about $30k profit but $180k reported income) absolutely destroyed my financial aid options because FAFSA saw that massive gross income number. If I had filed as a professional gambler on Schedule C, they would have only seen my net profit. Something to seriously consider if grad school is in your near future!
That's a really important point I didn't even think about! Do you know if switching to professional gambler status for this coming tax year would help my grad school applications for next fall? Or would they still look at previous years too?
For most graduate program financial aid, they'll look at your prior-prior year tax returns. So for the 2025-2026 academic year, they'll be looking at your 2023 tax returns. For the 2026-2027 academic year, they'll look at your 2024 returns. If you're applying for programs starting Fall 2025, they'll likely use your 2023 returns which are already filed. But if you're looking at programs for Fall 2026, then your 2024 tax filing (which you'll do in early 2025) will be what matters. In that case, switching to professional gambler status for 2024 could potentially help your financial aid situation significantly. Some schools also have supplemental financial aid forms where you can explain special circumstances. If your 2023 return shows inflated income due to gambling winnings versus actual profit, you might be able to explain this situation and provide documentation of your actual net income.
Just wanted to add another perspective on the record-keeping aspect since I've been filing as a professional gambler for 3 years now. Beyond just tracking wins/losses, you really need to document the TIME aspect - the IRS wants to see that you're putting in substantial hours like any other business. I keep a detailed log of hours spent researching teams, analyzing stats, watching games for betting opportunities, and even time spent placing bets and managing my bankroll. Last year I logged over 30 hours per week on average, which really strengthened my case for professional status. Also, don't forget about business expenses you can deduct as a professional: sports data subscriptions, computer equipment, part of your internet bill, even travel expenses if you attend games for research purposes. These deductions can add up significantly and aren't available to casual gamblers. One last tip - consider setting up a separate business bank account and credit card exclusively for your gambling activities. This makes it much easier to track everything and shows the IRS you're treating this as a legitimate business operation rather than just recreational gambling.
This is really helpful advice! I'm curious about the business bank account setup - did you open it as a sole proprietorship or do you need to have some kind of formal business entity established first? Also, when you say you logged 30+ hours per week, are you including time spent actually watching the games you bet on, or just the research and analysis portions? I'm trying to get a realistic sense of what the IRS considers "substantial" time investment. I definitely spend a lot of time on research and following teams, but I want to make sure I'm tracking the right activities to support my case.
For the business bank account, I opened it as a sole proprietorship using my SSN - you don't need a formal business entity like an LLC. Most banks will let you open a business account as a sole proprietor, just bring documentation showing your business activity (I used my betting statements and a simple business plan I wrote up). Regarding the time tracking, I include everything that's directly related to making informed betting decisions: researching team stats, injury reports, weather conditions, line shopping across different sportsbooks, and yes, watching games when it's for analysis purposes (like tracking how teams perform in certain situations). I don't count just casually watching games for entertainment. I also track time spent on bankroll management, reviewing my betting history for patterns, and even time spent learning new betting strategies or reading books about sports betting. The key is showing that you're approaching this systematically and putting in the effort you would for any other business. 30+ hours might sound like a lot, but when you break it down - say 2-3 hours of research per day plus watching key games and managing your portfolio - it adds up quickly. The IRS doesn't have a specific hour requirement, but they want to see that it's a substantial commitment, not just casual activity.
Something important no one mentioned - check if your family member qualifies for an exception to the passport restrictions! In my experience, there are several situations where the IRS can't revoke passport privileges even with seriously delinquent tax debt: 1. If they're in bankruptcy 2. If they're a victim of tax-related identity theft 3. If they're in a federally declared disaster area 4. If their account is currently not collectible due to hardship 5. If they have an innocent spouse claim pending My passport restriction was reversed when I proved hardship status, even though my debt was still on the books. Worth looking into these options rather than just waiting for the CSED!
This is great info - thanks! They definitely don't fall into most of these categories, but the hardship option might be worth exploring. Their financial situation isn't great since the business failure. Would you happen to know what form or process is used to request "currently not collectible" status?
To request Currently Not Collectible (CNC) status, you'll need to call the IRS and speak with a revenue officer or collection agent. There isn't a specific form - it's handled over the phone or in person. You'll need to provide detailed financial information including Form 433-A (Collection Information Statement for Wage Earners and Self-Employed Individuals) or Form 433-F (Collection Information Statement) depending on their situation. The IRS will want to see bank statements, pay stubs, expense documentation, and proof that paying the tax debt would prevent them from meeting basic living expenses. They use national and local expense standards to determine if someone qualifies. If approved, the account is marked as CNC and collection activities stop, which should reverse the passport certification. Keep in mind that CNC status doesn't make the debt go away - it just pauses collection while the CSED clock keeps running. So this could be perfect for your family member's situation since they're already close to the 2027 CSED date.
Just want to add a practical tip from my own experience with passport restrictions and CSED timing - make sure to get everything in writing from the IRS once that CSED date hits in 2027. When my debt reached its expiration date, the IRS systems didn't automatically update right away. Even though the debt was legally uncollectible, the passport restriction stayed in place for about 6 weeks because their internal systems hadn't communicated the change to the State Department yet. I had to call and specifically request a letter stating that the debt had reached its Collection Statute Expiration Date and that the certification for "seriously delinquent tax debt" had been reversed. Once I had that letter, I was able to apply for my passport without any issues. The lesson: don't just assume everything will update automatically on the CSED date. Be proactive and get written confirmation that the restriction has been lifted. This will save you from any surprises when you actually go to apply for the passport renewal. Also, keep detailed records of all those small payments your family member has been making, along with the original assessment date. You'll want this documentation handy when you call the IRS in 2027 to confirm the CSED and request removal of the passport restriction.
This is exactly the kind of practical advice I was hoping to find! Thank you for sharing your real-world experience. It makes perfect sense that the IRS systems wouldn't automatically sync with the State Department right away - bureaucracy rarely works that smoothly. I'm definitely going to save this thread and make sure my family member is prepared to be proactive in 2027. Having all the payment records and assessment documentation ready will be crucial. Did you find that calling the IRS or visiting a local office worked better for getting that written confirmation letter? Also, do you remember roughly how long it took from when you requested the letter to actually receiving it? The 6-week delay you experienced is actually really important to know about - if someone was planning international travel right around their CSED date, that could cause major problems if they assumed everything would be automatic.
Sarah Ali
This is such a helpful thread! I'm dealing with a similar situation but with a twist - my rental condo has a 99-year land lease AND I'm planning some major renovations (new flooring, updated kitchen, bathroom remodel). Based on what everyone's shared, I'm feeling confident about allocating 95-100% of my original purchase price to the building for depreciation purposes. But I'm wondering about the timing of my renovations - should I wait until after I establish my initial depreciation schedule, or does it not matter? Also, for those capital improvements mentioned by @Emma Olsen, do I need to depreciate them over the same 27.5-year period as the building, or do different improvements have different recovery periods? I'm particularly curious about flooring vs. kitchen appliances vs. bathroom fixtures. Thanks for all the great advice in this thread - it's exactly what I needed to hear!
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Zoe Christodoulou
ā¢Great question about the timing! The timing of your renovations relative to your initial depreciation schedule doesn't really matter - you can start depreciating capital improvements as soon as they're placed in service, regardless of when you established your original building depreciation. For the different types of improvements, they actually do have different recovery periods: - Flooring (carpet, hardwood, tile) - typically 5-7 years depending on the type - Kitchen appliances - usually 5 years - Bathroom fixtures (toilet, sink, tub) - 7 years - Built-in improvements like cabinets or countertops - 27.5 years (same as the building) The key is whether the improvement is considered "personal property" (shorter recovery periods) vs. a structural component of the building (27.5 years). Your accountant can help classify each improvement properly, but this differentiation can significantly impact your annual deductions since shorter recovery periods mean higher annual depreciation. One tip: keep detailed records and receipts for each renovation project separately - it makes the depreciation calculations much cleaner and helps if you're ever audited.
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Ryan Andre
This is such a valuable discussion! I'm a CPA who specializes in rental property taxation, and I wanted to add a few important considerations that haven't been fully addressed yet. First, regarding the 95-100% building allocation for leasehold condos - this is generally correct, but you should also consider the remaining term of the lease. With a 99-year lease that's relatively new, the leasehold interest has substantial value. However, if this were a lease with only 10-15 years remaining, the allocation might be different. Second, I'd strongly recommend getting a professional appraisal that specifically addresses the land/building allocation in your leasehold situation. While it costs around $400-600, it provides solid documentation that the IRS will respect if questioned. Many of my clients have found this small investment pays for itself quickly through increased depreciation deductions. Finally, make sure you understand the implications when you eventually sell the property. All that depreciation you're claiming will be subject to depreciation recapture at a maximum rate of 25%, so factor that into your long-term tax planning. The advice about documenting your reasoning and keeping the lease agreement on file is spot-on. I've never seen the IRS challenge a well-documented leasehold depreciation allocation that's based on sound reasoning.
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Finnegan Gunn
ā¢This is incredibly helpful advice, especially about getting a professional appraisal! I hadn't considered that the remaining lease term could affect the allocation. In my case, the 99-year lease started about 5 years ago, so there are still 94 years left - sounds like that supports a higher building allocation. The point about depreciation recapture is something I definitely need to factor into my long-term planning. I'm treating this as a long-term rental investment, but it's good to know about the 25% recapture rate when I eventually sell. Do you have any specific recommendations for finding appraisers who are experienced with leasehold properties? I imagine not all appraisers are familiar with these situations. Also, would the appraisal need to specifically state the land/building allocation percentages, or is it sufficient if it just explains the leasehold structure and lets me calculate the allocation myself? Thanks for bringing the professional CPA perspective to this discussion - it really adds credibility to all the advice that's been shared here!
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