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Has anyone used any tax software that's particularly good with these forestry credits and deductions? I tried talking to a guy at H&R Block and he looked at me like I had three heads when I asked about timber taxation.
I've been dealing with forest land taxation for about 8 years now, and I can confirm that while 45Q doesn't apply to regular timberland ownership, there are definitely other opportunities worth exploring. One thing I haven't seen mentioned yet is the Conservation Reserve Program (CRP) if any of your land qualifies. It's more common for agricultural land, but forested areas can sometimes qualify for CRP payments while also getting property tax benefits. Also, depending on your state, you might want to look into whether your 30 acres could qualify as a "tree farm" under the American Tree Farm System. This certification can open up additional tax advantages and sometimes makes you eligible for cost-share programs for forest management activities. The key is documentation - start keeping records of any expenses related to the property (even just trail maintenance or boundary marking) because these can often be deducted if you're managing the land for timber production, even if you're not actively harvesting yet.
One thing nobody's mentioned - check if your state has an inheritance tax! I got caught by surprise when my mom passed because Pennsylvania has a state inheritance tax even though there was no federal estate tax. Different rates apply depending on your relationship to the deceased.
This is important! PA inheritance tax is 4.5% for direct descendants (children), 12% for siblings, and 15% for other heirs. Spouses are exempt. You have to file within 9 months of death or face penalties.
This is a really comprehensive thread with lots of helpful perspectives! One additional consideration - since this is unclaimed property that was sitting with the state treasury, there might be interest that accrued while it was held there. Make sure to ask the state treasury department if any interest was added to the original amount, as that portion might be treated differently for tax purposes than the principal inheritance amount. Also, when you do set up that estate account (which sounds like the right move based on everyone's advice), ask the bank about any fees associated with estate accounts. Some banks waive monthly maintenance fees for estate accounts since they're typically short-term, but others don't. Since you're dealing with medical expenses for your mom, every dollar counts. The Pennsylvania inheritance tax point is crucial too - definitely factor that 4.5% into your planning if your mom is the heir. Good luck navigating this process!
I dealt with this exact situation last year. The thing that saved me was getting documentation of the car's value at the time of repossession. When they repo a car, they're supposed to sell it and apply that to your loan balance. The 1099-C should only be for the difference between what they sold the car for and what you still owed on the loan after repossession. In my case, they significantly undervalued my car at auction, which artificially inflated the "canceled debt" amount. I requested documentation of the sale and found they sold it for less than half its market value. My tax professional used this to challenge the 1099-C amount.
How did you go about getting documentation about the sale? I'm in a similar situation but the finance company keeps giving me the runaround.
This is such a frustrating situation, and you're absolutely right to feel blindsided by it. The 8-year gap between repossession and debt cancellation is really unusual - most lenders write off repo deficiencies within 2-3 years max. A few things to consider that might help your situation: First, definitely double-check Box 6 on your 1099-C for the cancellation code. If it's Code "H" (expiration of non-payment testing period), this might not even be legitimate debt forgiveness - just an administrative writeoff that shouldn't trigger taxable income. Second, since your state's statute of limitations on written contracts has expired (6 years vs your 8-year timeline), you might have grounds to dispute this 1099-C entirely. Debt that's legally uncollectible due to statute of limitations sometimes doesn't qualify as taxable canceled debt. Third, don't give up on the insolvency exclusion yet. Many people miscalculate this - you need to compare ALL your assets (including home equity, retirement accounts, personal property) against ALL your debts as of December 2023. Even partial insolvency can reduce your tax burden. Finally, request documentation from the lender showing exactly how they calculated the canceled debt amount. Sometimes these figures are inflated or incorrect, especially after so many years. This whole situation seems questionable from a tax law perspective given the timing and circumstances.
Can someone help me understand if the de minimis safe harbor affects my ability to take bonus depreciation or Section 179? I'm buying about $15,000 in furniture for my new rental property next month - some expensive items (like a $3,500 sectional sofa) and some cheaper stuff.
You have options here. Items under $2,500 can be expensed using de minimis safe harbor. For your more expensive items like the $3,500 sectional, you could use either bonus depreciation or Section 179 to expense them immediately. The key difference: de minimis is for smaller items and doesn't have a total annual limit, while Section 179 has an annual limit ($1,160,000 for 2023) but covers larger purchases. Using de minimis for your smaller items doesn't affect your ability to use Section 179 or bonus depreciation for the bigger ones - you can use both strategies in the same tax year.
Great question! I went through this exact same confusion when I started my rental property business. The de minimis safe harbor is definitely a game-changer for small landlords dealing with furniture and equipment purchases. One thing I learned the hard way: make sure you're consistent with your election each year. I forgot to include the election statement one year and had to amend my return because I'd already deducted items as expenses instead of depreciating them. The IRS wants to see that formal election language even though it seems like just a formality. Also, keep in mind that if you have a particularly good year and think you might benefit more from spreading deductions over time, you can choose NOT to make the election. It's not required - it's just an option that's usually beneficial for most small landlords. For your specific furniture purchases, document everything well. I use a simple spreadsheet with columns for date, item, cost, and which unit it's for. Makes tax time much easier and gives you solid backup if there are ever questions.
This is really helpful advice! I'm new to rental property investing and had no idea about the election statement requirement. When you say "formal election language," do you mean I need to use the exact wording that Beth mentioned earlier ("de minimis safe harbor election under Reg. 1.263(a)-1(f)") or is there other specific language the IRS expects to see? Also, I'm curious about your point on choosing not to make the election in good years - wouldn't you always want to deduct expenses immediately rather than depreciate over time? Are there situations where depreciation actually works out better tax-wise?
Yes, you'll want to use the exact language Beth mentioned: "de minimis safe harbor election under Reg. 1.263(a)-1(f)" - the IRS is pretty specific about this wording. I usually include it as a statement attached to my return that says something like "Taxpayer elects to apply the de minimis safe harbor under Treasury Regulation 1.263(a)-1(f) for the tax year." As for when you might NOT want immediate deduction - it's rare, but there are scenarios. For example, if you're in a very high tax bracket this year but expect to be in a lower bracket next year, spreading depreciation might work better. Or if you're already showing a big loss on your rental activities and additional deductions won't provide immediate tax benefit due to passive activity loss limitations. But honestly, for most small landlords, immediate expensing through de minimis is almost always the better choice since it simplifies bookkeeping and gives you the cash flow benefit right away.
Brooklyn Knight
Quick question for anyone who's been through this - if I go ahead and file with the documentation showing both forms (incorrect 1095-A and correct 1095-B), will this trigger an audit? I'm nervous about drawing attention to my return.
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Owen Devar
ā¢Not likely to trigger an audit from my experience. I had this exact issue two years ago. I filed with both forms and included a brief explanation letter. Never heard anything from the IRS about it. This happens way more often than you'd think.
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Lincoln Ramiro
I went through this exact same situation last year! The key thing to understand is that you don't actually need the Marketplace to fix the 1095-A to file your taxes correctly. Since you have your 1095-B showing employer coverage for all of 2023, you can file with confidence. Here's what I did: I completed Form 8962 but entered zero for any months where I actually had employer coverage (even though the 1095-A showed otherwise). The IRS computer systems will match up your forms eventually, and having both the incorrect 1095-A and correct 1095-B as documentation protects you. I also wrote a simple explanation letter that I attached to my return explaining the coverage transition and why the 1095-A was incorrect. Something like: "The enclosed 1095-A shows coverage for January 2023, however I had employer-sponsored coverage through [employer name] for the entire year as documented by the enclosed 1095-B. No advance premium tax credits were received for 2023." Filed electronically with no issues and never heard back from the IRS about it. Don't let this incorrect form hold up your filing - you have all the documentation you need to file accurately!
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