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Might be an unpopular opinion, but I've claimed QBI on my single rental property for the past two years and haven't had any issues. I manage everything myself, find tenants, do minor repairs, etc. My accountant said as long as I can document my involvement, we can justify it as a business activity. IRS guidance on this isn't super clear, and there are different interpretations. The "trade or business" standard is somewhat subjective. If you're treating your rental like a business and not just a passive investment, there's an argument to be made. Just my experience though - your mileage may vary!
I should caution that just because you haven't been audited doesn't necessarily mean your position is correct. The IRS audits less than 1% of returns, so many questionable positions go unchallenged simply due to limited resources. Your approach is definitely on the aggressive end of tax positions. If you were audited, you would need to demonstrate that your rental activities rise to the level of a Section 162 trade or business, which typically requires regular, continuous, and substantial activity. Documentation of your time and activities would be essential, as would proving you're not just performing typical landlord duties but actually operating a business. Not saying you're wrong - just that there's significant risk in this approach without solid documentation.
This has been a really enlightening discussion! As someone new to rental property ownership, I'm glad I found this thread before making any costly mistakes on my taxes. Based on everything I've read here, it seems like the conservative approach is the safest - assume single rental properties don't qualify for QBI unless you can clearly demonstrate you meet either the "trade or business" standard or the safe harbor requirements. The 250+ hours documentation requirement alone sounds like it would be difficult for most casual landlords to meet. I'm curious though - for those who do qualify, what kind of records do you keep to document your rental activities? I want to make sure I'm tracking everything properly from the start, even if I don't qualify for QBI right now. Maybe if I expand my rental portfolio in the future, I'll want to have that documentation history. Also, has anyone here actually been through an audit related to QBI claims on rental income? Would be interesting to hear what that process was like and what documentation the IRS focused on.
Great question about record keeping! I've been tracking my rental activities for the past few years in anticipation of potentially expanding my portfolio. Here's what I document: 1. Time logs for all rental-related activities (showing for tenant, property maintenance coordination, bookkeeping, etc.) 2. Detailed records of any improvements or repairs I personally handle 3. Documentation of tenant screening processes and time spent 4. Records of property marketing efforts and time invested 5. Mileage logs for property visits 6. Correspondence with tenants, contractors, and service providers I use a simple spreadsheet with date, activity description, time spent, and any related expenses. Even though I probably don't hit the 250-hour threshold yet, having this documentation could be valuable if I add more properties or increase my involvement level. Regarding audits - I haven't personally been through one for QBI/rental issues, but from what I understand, the IRS would focus heavily on proving the "regular, continuous, and substantial" business activity standard. Time logs and contemporaneous records would be crucial evidence. The key is treating it like a real business from day one, even if you don't initially qualify for QBI treatment.
Has anyone successfully e-filed with this situation? I'm in a similar boat with an incorrect 1042S but when I tried to submit my return electronically, it got rejected because the system was looking for a 1040NR instead of a regular 1040.
I had to paper file when this happened to me. The e-file systems get confused when you have 1042S withholding but are filing as a resident alien on Form 1040. I mailed my return with a copy of my 1042S attached and got my refund after about 10 weeks.
I actually managed to e-file successfully after running into the same rejection issue! The trick was to make sure I didn't check any boxes indicating nonresident status in my tax software. In FreeTaxUSA, there's a section about foreign income/status - I had to explicitly select "No" to all the nonresident alien questions even though I had a 1042S form. Also, when entering the 1042S withholding, I labeled it as "Federal income tax withheld from Forms 1099, 1042S, etc." rather than trying to categorize it as nonresident withholding. The system accepted it on the second try and I got my refund in about 3 weeks via direct deposit.
I went through this exact same situation last year! The key thing to remember is that as a resident alien, you should NOT be filing Form 1040NR - you file the regular Form 1040 just like any other US resident. For the 1042S form, you'll need to: 1. Report the scholarship income (Box 2) as taxable income on your 1040 2. Claim credit for the federal taxes withheld (Box 7) so you get that money back Since your fellowship exceeded tuition costs, the portion used for living expenses is indeed taxable income. But the good news is that you should get back most or all of the taxes they incorrectly withheld at the nonresident rate. One thing to watch out for - make sure you're not accidentally triggering any nonresident alien flags in your tax software. Some programs get confused when they see a 1042S form and might try to push you toward nonresident filing, but you need to stay on the resident track. Also keep all your documentation from the university acknowledging their error - it could be helpful if the IRS has any questions about the mixed forms on your return.
This is really helpful! I'm in a similar situation where my university issued me a 1042S even though I should be filing as a resident. One question - when you say "most or all of the taxes they incorrectly withheld," what rate were they likely withholding at? My 1042S shows they withheld about 30% which seems way too high for what I should actually owe on fellowship income. Also, did you have any issues with the IRS questioning why you had a 1042S but were filing as a resident? I'm worried about triggering an audit or having to explain the university's mistake.
Yes, 30% is the standard withholding rate for nonresident aliens, so that's definitely way too high for your situation as a resident! As a resident alien, you'd typically pay regular income tax rates on fellowship income (probably somewhere in the 10-22% range depending on your total income), so you should get a significant refund. I didn't have any issues with the IRS questioning the mixed forms. From what I understand, universities make this mistake fairly often with international students, so the IRS sees it regularly. I filed my return normally and got my refund without any additional correspondence. Just make sure you're clearly filing as a resident (Form 1040, not 1040NR) and that should signal to them that you know your correct status. The key is being consistent - file as a resident, report all your income including the fellowship money, and claim credit for all the withholding. The IRS computers are pretty good at matching things up automatically.
I went through this exact same situation about 6 months ago during my adjustment of status process. The W9 backup withholding question really stressed me out too, but it turned out to be much simpler than I thought. Since you have an SSN and have been filing taxes consistently for 4-5 years without any issues, you should definitely check "I am not subject to backup withholding." You would only be subject to backup withholding if the IRS had specifically sent you a notice (called CP2100 or CP2100A) telling you that you are - which almost never happens unless you've repeatedly failed to report investment income. Your immigration status doesn't factor into this decision at all. The W9 is purely about tax reporting requirements, and since you're already in the tax system with your SSN and filing regularly, you're doing everything correctly. One thing I learned during my process - having your investment accounts at reputable brokers like Vanguard (which you already have) looks much better than Robinhood if USCIS ever asks for financial documentation. Given your small portfolio size, it might actually be worth just selling your Robinhood positions and rebuying them at Vanguard to keep everything consolidated and clean for your immigration case. Don't overthink this - check the box, submit the W9, and you'll be all set!
This is exactly what I needed to hear! Thank you for sharing your experience from just 6 months ago - it's so helpful to get perspective from someone who literally just went through this process. I really appreciate the clarification about the CP2100/CP2100A notices. I've definitely never received anything like that from the IRS, so I feel much more confident about checking that backup withholding box now. Your point about consolidating everything at Vanguard for cleaner records during the immigration process is really smart. I think you're right that with only $1500 invested, it makes more sense to just sell and rebuy rather than deal with transfer fees and potential complications. Plus, having everything organized at one reputable broker can only help if USCIS asks for any financial documentation. Thanks for taking the time to explain this so clearly - you've definitely helped calm my nerves about the whole situation!
Just wanted to chime in as someone who recently completed the green card process (got approved 3 months ago). I had the exact same W9 situation with Robinhood during my final stages. The backup withholding question is really straightforward once you understand what it means. Since you've been filing taxes consistently with your SSN for 4-5 years and haven't received any CP2100 notices from the IRS, you should absolutely check "I am not subject to backup withholding." This is completely separate from your immigration status. One piece of advice from my experience - during my USCIS interview, they did ask to see my tax transcripts and bank statements. Having investment accounts came up briefly, but since everything was properly reported on my tax returns, it was actually viewed positively as evidence of financial stability and tax compliance. Given your small portfolio size ($1500), I'd honestly recommend consolidating everything at Vanguard before your interview process gets too far along. It just makes the paperwork cleaner and removes any potential questions about why you have accounts at multiple brokers. Plus, you'll avoid Robinhood's $75 transfer fee by just selling and rebuying. Don't stress about this - you're doing everything right by staying compliant with tax obligations during your immigration process. That's exactly what USCIS wants to see!
Make sure you're accounting for any selling expenses to reduce your gain. Did you pay any commissions or have other costs related to the sale? Those directly offset the amount of gain you'll recognize.
Good point! I paid a business broker about $15k to help find a buyer and handle the paperwork. I'm guessing I can deduct that from the sale price before calculating my gain?
Yes, that $15k commission to the business broker absolutely reduces your gain! You'd subtract it from the $325k sale price before calculating your gain. So instead of a $245k gain, you're looking at a $230k gain. That should save you several thousand in taxes. Also track any other expenses directly related to the sale - legal fees, appraisal costs, even travel if you had to meet with potential buyers. Every dollar in selling expenses is a dollar less in taxable gain.
This is a great learning thread! I'm facing a similar situation soon - considering selling some of my business equipment but haven't pulled the trigger yet. Reading through everyone's experiences here is really helpful. One thing I'm curious about - for those who've gone through this, how did you handle the timing? Emma mentioned the money hit her account last month, but I'm wondering if there are strategic timing considerations for when to actually complete the sale. Like, would it make sense to wait until early in a tax year vs late in the year to have more time to plan offsetting strategies? Also, has anyone here worked with a tax professional specifically for equipment sales like this? I'm wondering if the complexity justifies hiring someone beyond just using software or online services.
Great question about timing! From what I've learned lurking here, the timing can definitely matter for tax planning. If you complete the sale early in the tax year, you have more time to implement offsetting strategies like maximizing retirement contributions, harvesting investment losses, or making charitable donations before December 31st. However, you also want to consider your overall income for the year. If you're having a particularly high-income year already, it might make sense to push the sale to the following year if possible. As for tax professionals, given the complexity of depreciation recapture and the significant dollar amounts involved, I'd definitely recommend getting professional help. The cost of a good tax advisor will likely be a tiny fraction of what you could save (or lose) by getting the calculations wrong. Equipment sales involve some really specific rules that general tax software might not handle perfectly.
Nia Johnson
Does anyone know if it's still possible to e-file? Seems way easier than dealing with mail. I'm using TurboTax if that matters.
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CyberNinja
ā¢Yes! You can still e-file right up until the deadline. It's WAY easier and you get confirmation that the IRS received it almost immediately. Plus refunds come faster with e-file. If you're using TurboTax they make the e-filing process super simple.
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Effie Alexander
Great question! As someone who's been through this process multiple times, I'd definitely recommend sticking with USPS for your tax return. The key advantage is that USPS postmarks are legally recognized by the IRS as proof of timely filing - so if you mail it by the deadline, you're good even if it takes a few days to arrive. For a first-time filer, I'd suggest USPS Priority Mail with tracking. It's not as expensive as Express but gives you peace of mind with tracking and faster delivery. You can also use regular first-class mail with certified mail service if you want to save money but still get delivery confirmation. Pro tip: You can actually print postage online at usps.com and schedule a pickup, or drop it in any USPS collection box. This way you can avoid the long lines at the post office entirely! Just make sure the collection box you use has a pickup time after you drop it off on the deadline day. And definitely make copies of everything before you send it - learned that lesson the hard way years ago!
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Jamal Edwards
ā¢This is really helpful advice! I'm also a first-time filer and was wondering about the online postage option you mentioned. Do you know if I can print the postage at home and just drop it in a collection box, or do I still need to go to the post office counter for certified mail? I'm trying to avoid the crowds but still want that delivery confirmation.
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Anna Stewart
ā¢@Jamal Edwards Great question! For certified mail, you unfortunately still need to go to the post office counter because they need to process the certified mail receipt and give you the tracking number. However, you can do regular Priority Mail with tracking entirely online - just print the label at home and drop it in any collection box. If you want to avoid crowds but still get tracking, I d'recommend Priority Mail with the online postage option. You ll'get a tracking number and delivery confirmation, which is almost as good as certified mail for tax purposes. The IRS mainly cares about the postmark date anyway, and Priority Mail gives you that plus tracking. Another option is to go to the post office right when they open - usually much less crowded than later in the day, especially during tax season!
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