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Ask the community...

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Mei Wong

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Has anyone had success claiming WOTC for long-term unemployment recipients? I'm finding it really hard to get proper documentation proving they've been unemployed for 27+ weeks. What specifically counts as proof?

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I've done it successfully. You need a letter from the state unemployment office showing the benefits history, or if they weren't receiving benefits, you can use a self-attestation form plus any documentation showing they were actively looking for work (job application records, emails with recruiters, etc).

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Mei Wong

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Thanks for the info! I didn't realize self-attestation could be used if they weren't receiving benefits. That makes it a lot easier. I'll check with our state workforce agency about the proper forms.

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Mei Chen

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Just wanted to add some practical advice from someone who's been claiming WOTC for about 3 years now. The biggest mistake I see small business owners make is not asking the right questions during the hiring process. You can't just assume someone qualifies - you need to actually ask potential hires about their veteran status, unemployment history, SNAP benefits, etc. I created a simple questionnaire that I have all candidates fill out that covers the main target groups. It's not invasive, just straightforward questions like "Are you a veteran?" and "Have you been unemployed for 6+ months?" Also, keep really good records! The IRS can audit these credits, so document everything. I keep a file for each WOTC employee with their original application, the 8850 form, certification from the state, and all supporting docs. It's saved me headaches during audits. One more tip - don't forget about the credit for hiring people from rural renewal counties. It's one of the lesser-known target groups but if your area qualifies, it can apply to a lot more potential hires than you'd think.

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This is really helpful practical advice! I'm new to the WOTC process and wondering - when you say you ask about unemployment history during hiring, do you need to be careful about how you phrase those questions? I don't want to accidentally discriminate or violate any employment laws while trying to identify WOTC-eligible candidates. Also, do you have any tips on how to approach the conversation with candidates? I imagine some people might be hesitant to disclose things like SNAP benefits or ex-felon status, even though it could benefit both of us.

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GalaxyGazer

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Great question about the legal aspects! You're absolutely right to be cautious. The key is to frame these questions as optional and explain the benefit. I typically say something like: "We participate in a federal tax credit program that helps us hire from certain groups while providing you with employment opportunities. Would you be willing to share if any of these categories apply to you? This information is completely voluntary and won't affect our hiring decision." For sensitive topics like ex-felon status or benefit receipt, I explain that it's actually advantageous - it can help secure their position because we get a tax incentive for hiring them. Most people are more willing to share when they understand it works in their favor. I also make sure to ask these questions AFTER I've already decided to hire them, during the paperwork phase. That way there's no question about it influencing the hiring decision. The 28-day deadline for filing Form 8850 gives you some wiggle room to have these conversations post-offer.

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Understanding Vehicle Depreciation with Changing Business Use Percentages - Tax Implications for SUVs and Trucks

I run a small property management business with my wife where we oversee several rental buildings. I have a pickup truck that's exclusively for business (100%), but my wife's SUV has a mixed-use situation that changes year to year (always 50%+ business though). I'm struggling to understand the math when a vehicle has varying business use percentages over its lifetime. Here's my specific situation: In 2014, we bought a pre-owned SUV for $32K that we traded in during 2018 for $15K. During those years, business use varied between 60-70% annually. If I remember right, we had depreciated this SUV well beyond the $15K trade-in value. Then in 2018, we purchased another pre-owned SUV for $41K using that trade-in. What confused me was that when doing taxes, the cost basis of this second SUV seemed to be around $49K. It appeared like the "over-depreciation" from the first SUV somehow rolled into the second vehicle's basis. Is this the correct understanding? If this is right, I'm puzzled about the logic. We initially purchased a vehicle, took depreciation deductions exceeding actual depreciation, then when selling, that excess depreciation wasn't recaptured but instead got added to the replacement vehicle's cost basis. Since this inflates the second SUV's basis beyond its actual value ($49K vs $41K paid), that $8K difference will eventually disappear through depreciation over the next 5+ years or faster if we replace it with another heavy truck. There seems no chance to recapture this since it's not part of SUV #2's real value. Two additional questions: 1) How do the varying business use percentages factor in? In the final year of SUV #2, I traded it early in the year when we happened to have 95% business use (was managing a distant rental property). The depreciation that year seemed enormous, like it was "catching up" to what would have occurred with 95% business use throughout. My concern is potential tax implications if I retire when my next vehicle is ready for trade-in. 2) Is there a financial disadvantage if I don't replace this SUV with another 6000+ GVWR vehicle? I'm less concerned about accelerating depreciation into earlier tax years and more focused on maximizing total deductions. Time value of money aside, I'd be equally satisfied claiming $10K annually for 5 years versus $50K in year one.

Has anyone here actually upgraded from a normal SUV to one over 6,000 lbs GVWR specifically for the tax advantages? I'm considering trading my Ford Edge (business use about 70%) for a Ford Expedition or similar just to take advantage of the Section 179 expensing and bonus depreciation. Is it worth the extra gas and higher purchase price just for the tax benefits? My CPA says absolutely yes but I'm not convinced.

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Sean O'Brien

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I did exactly this last year - traded my Highlander for a Chevy Tahoe. The difference in Section 179 treatment was substantial. I was able to deduct almost the entire purchase price in year 1 (subject to business use percentage of course). Just be aware that you must maintain at least 50% business use for the entire recovery period, or you'll face recapture. With gas prices what they are now, I'm not sure I'd make the same decision again, but the tax savings were significant up front.

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Omar Hassan

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I've been through this exact situation with my construction business vehicles. The key thing to understand is that the IRS requires you to maintain consistent records of your business use percentage throughout the vehicle's life, not just calculate it once at purchase. For your varying business use percentages (60-70% annually), you need to track this each year because it affects both your annual depreciation deduction and the final disposition calculation. When you traded in that first SUV, if your business use in the final year was different from previous years, the IRS requires you to "true up" the depreciation based on the actual business use over the vehicle's entire life in your hands. The inflated basis on your second SUV ($49K vs $41K) is correct - that's the deferred depreciation recapture from your first vehicle rolled into the new basis under the pre-2018 like-kind exchange rules. You're not losing anything, just spreading the tax impact over a longer period. One crucial point: since you mentioned retiring, be very careful about suddenly dropping business use to zero on a vehicle with remaining basis. The IRS may require you to recapture excess depreciation taken in prior years. Consider gradually reducing business use as you approach retirement rather than an abrupt change. For your GVWR question - the total lifetime deduction is generally the same whether you buy a heavy vehicle or not. The advantage is timing: you can accelerate deductions into earlier tax years when you might be in higher tax brackets, versus spreading them out over the vehicle's depreciation life.

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This is incredibly helpful, thank you! The "true up" concept you mentioned makes so much sense - I was wondering why my depreciation seemed to jump around in the final year of ownership. Your point about gradually reducing business use as I approach retirement is something I hadn't considered at all. Right now I'm about 5 years from retirement and my SUV is probably 2-3 years from needing replacement. Would you recommend starting to reduce business use percentage now, or wait until I actually get the replacement vehicle? I'm worried about triggering an audit if my business use suddenly drops from 70% to 30% in one year. Also, when you say "true up" the depreciation - does this happen automatically when I file my taxes, or is there a specific form I need to complete to show this calculation?

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Net investment income tax (Form 8960) - How to handle rental real estate for NIIT?

I think I'm about to lose my mind trying to figure this out, so any help would be awesome. I have several commercial rental properties I manage through my single-member LLC (disregarded entity for tax purposes). I'm hands-on with all aspects of running this business - finding tenants, coordinating repairs, dealing with issues, etc. The properties have the usual expenses - mortgage interest around $43,000, property taxes about $15,000, maintenance/repairs roughly $22,000 annually. My confusion comes with Form 8960 for the Net Investment Income Tax. My rental income is definitely included in NIIT, but I'm completely stuck on line 4b "Adjustment for net income or loss derived in the ordinary course of a non section 1411 trade or business." Can I adjust for the entire rental income amount since I actively participate, or is it still considered passive because I'm not officially a "real estate professional"? Can I reduce my NIIT by the expenses from running the real estate business? And while I'm at it - for my dividend income, can I also include my investment advisor fees (about $3,500) in line 4b? The instructions for line 4b mention adjusting for "Net income or loss from a section 162 trade or business that is not a passive activity and is not engaged in a trade or business of trading financial instruments or commodities." Based on current case law and IRS guidance, I believe my commercial rental operation fits the definition of a section 162 trade or business. Thanks in advance for any clarity on this Form 8960 nightmare!

Jean Claude

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The complexity you're facing with Form 8960 is incredibly common, and you're asking all the right questions. Based on your description of actively managing commercial properties through your LLC, you're in a gray area that requires careful analysis. Here's my take: Your rental activities likely DO qualify as a Section 162 trade or business under the Groetzinger standard (regular, continuous activity with profit motive), especially given your hands-on management approach. However, the passive activity determination is separate and more restrictive. For line 4b adjustments, you can only reduce NIIT for income from trades or businesses that are NOT passive activities. Unless you qualify as a real estate professional (750+ hours annually in real estate activities AND more than half your total working time), your rentals remain passive regardless of your involvement level. The expenses you mentioned (mortgage interest, taxes, repairs) already reduce your Schedule E income before it flows to Form 8960 - they're not additional line 4b adjustments. Your investment advisor fees also don't qualify for line 4b treatment under current rules. My recommendation: Start documenting your time and activities meticulously NOW. Track every hour spent on property management, tenant relations, maintenance coordination, etc. If you can demonstrate you meet the real estate professional thresholds, you could potentially exclude significant rental income from NIIT through line 4b adjustments. Consider consulting with a tax professional who specializes in NIIT and real estate taxation - this area has evolved significantly with recent court cases and the stakes are high enough to justify expert guidance.

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Malik Thomas

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This is exactly the kind of comprehensive breakdown I needed! The distinction between Section 162 trade or business qualification and the passive activity rules was really confusing me. So if I understand correctly, I could potentially have rental activities that qualify as a legitimate business under Groetzinger but still be considered passive for NIIT purposes unless I hit that real estate professional threshold? The time tracking advice is spot on - I wish I'd started this earlier in the year. Do you know if there's any flexibility in how the 750+ hours are calculated? Like, does time spent researching new properties or analyzing market conditions count toward that threshold, or is it strictly hands-on property management activities? Also, you mentioned recent court cases have evolved this area - are there any specific cases beyond Aragona Trust that property owners should be aware of when structuring their documentation and arguments?

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Mia Green

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Yes, you've got it exactly right! You can have rental activities that clearly qualify as a Section 162 trade or business under Groetzinger (regular, continuous, profit-motivated activity) but still be considered passive for NIIT purposes. It's frustrating but that's how the tax code works - two separate tests with different thresholds. For the 750+ hour calculation, the IRS is actually quite broad in what counts. Time spent researching properties, analyzing markets, evaluating financing options, attending real estate seminars, and even reasonable travel time to properties all count toward your hours. The key is that activities must be directly related to your real estate business operations. Keep detailed records of everything - even phone calls with lenders or reviewing property reports. Beyond Aragona Trust, you should know about the Hawkins case (2023) which further clarified that rental activities can constitute trades or businesses even without significant development or improvement activities. Also, the Sesler case (2022) is helpful for understanding how courts evaluate the "regular and continuous" standard. These cases have made it easier to argue that actively managed rental operations qualify as Section 162 businesses. The documentation Jean Claude mentioned is crucial - start that activity log immediately. Even if you don't hit real estate professional status this year, having detailed records will help you plan for future years and support your Section 162 business argument regardless.

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The confusion you're experiencing with Form 8960 is completely understandable - this is one of the most complex areas of tax law right now. Let me break down your situation based on what you've described. Your commercial rental properties managed through your single-member LLC likely DO qualify as a Section 162 trade or business under current case law, especially given your hands-on involvement. The Groetzinger standard looks at whether you're engaged in regular, continuous activity with a profit motive - which clearly describes your situation. However, here's the critical distinction that trips up many taxpayers: qualifying as a Section 162 business and being "non-passive" are two separate determinations. For Form 8960 line 4b adjustments, you need BOTH conditions to be met. Unless you can qualify as a real estate professional (750+ hours annually in real estate activities AND it represents more than half your total working time), your rental activities will be treated as passive regardless of how actively you manage them. This is different from the "active participation" standard used for the $25,000 rental loss allowance. Your expenses (mortgage interest, property taxes, maintenance) already reduce your net rental income on Schedule E before it flows to Form 8960 - these aren't separate line 4b adjustments. Similarly, investment advisor fees don't qualify for line 4b treatment under current NIIT regulations. My advice: Start meticulously documenting your real estate activities immediately. Track every hour spent on tenant management, property maintenance coordination, market research, financial analysis, etc. If you can demonstrate you meet the real estate professional thresholds, you could potentially exclude significant rental income from NIIT through line 4b. Given the complexity and potential tax savings involved, consulting with a tax professional who specializes in NIIT and real estate taxation would be a wise investment.

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Freya Larsen

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This is really helpful, thanks! I'm starting to see why this has been so confusing - I was thinking that being hands-on with my properties automatically meant I could use line 4b adjustments, but now I understand there are actually two separate hurdles to clear. Quick question about the real estate professional qualification - you mentioned 750+ hours AND more than half of total working time. If someone has a regular W-2 job working 40 hours per week (roughly 2,080 hours annually), would they need to spend over 1,040 hours on real estate activities to meet that second test? That seems almost impossible for someone who isn't doing real estate full-time. Also, when you say "meticulously document," what's the best way to track this retrospectively for activities I've already done this year? I have emails, calendar entries, and receipts, but no formal time log. Should I try to reconstruct based on what records I do have?

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Evelyn Kim

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For your situation with $8,400 in eBay sales, you can definitely file Schedule C without any special registration or minimum income requirement. The IRS considers you to be in business if you're buying items specifically to resell them for profit, which sounds like your case with the collectibles. A few key points to keep in mind: - You can deduct the cost of goods sold (what you paid for the items you're flipping) as well as other business expenses like eBay fees, shipping supplies, and packaging materials - Since you're over $400 in self-employment income, you'll also need to file Schedule SE to pay self-employment tax (about 15.3% for Social Security and Medicare) - With $8,400 in income, you might need to make quarterly estimated tax payments to avoid penalties next year - Keep detailed records of all your purchases, sales, and expenses - the IRS may want to see documentation The fact that you're consistently buying and selling collectibles with profit intent clearly puts you in business territory, so Schedule C is the right approach. Just make sure to separate any personal items you might also sell from your actual business inventory.

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Yara Nassar

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This is really helpful, thank you! I had no idea about the quarterly estimated tax payments - that's something I definitely need to look into since I'm planning to keep growing this side business. Quick question about the cost of goods sold: if I bought something years ago for personal use but then decided to sell it later, can I still deduct what I originally paid for it? Or does it only count if I bought it specifically with the intent to resell?

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Mason Stone

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Great question about cost of goods sold! Generally speaking, if you originally bought something for personal use and later decided to sell it, you can't deduct the original purchase price as a business expense or cost of goods sold on Schedule C. The IRS distinguishes between items purchased with business intent versus personal items that are later sold. However, there are a few nuances to consider: - If you're selling personal items for less than what you originally paid, you typically don't need to report the income at all (no gain = no taxable income) - If you're selling personal items for MORE than you originally paid, you'd report the gain as capital gains income on Schedule D, not as business income on Schedule C - Only items purchased specifically for the purpose of resale can have their cost deducted as cost of goods sold on Schedule C The key factor the IRS looks at is your intent at the time of purchase. If you can document that you shifted from personal collecting to business activity at a specific point, you might be able to treat items acquired after that point differently, but it gets complicated and you'd want to consult a tax professional for that situation. For your eBay business moving forward, just make sure to keep clear records of what you're buying specifically to resell - those are your legitimate business costs.

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Daniel White

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Just want to add a real-world data point. I run an S-Corp and tried skipping salary for 2 years while reinvesting everything. Got audited and ended up owing back payroll taxes, penalties, and interest on what the IRS determined a "reasonable salary" would have been. They basically looked at what similar professionals in my field made and said I should have been paying myself (and paying payroll taxes on) at least that amount. The audit was triggered because I was actively involved (filed as full-time on my corporate docs) but had zero W-2 wages. They said this was an immediate red flag. Cost me way more in the end than if I'd just taken a salary from the beginning.

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Nolan Carter

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omg this is exactly what im afraid of. did u have any way to challenge what they said was "reasonable"? like what if their number was way too high compared to what ur business could afford?

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CosmicCowboy

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You can challenge their determination, but you need solid documentation to back it up. I tried arguing that my business couldn't afford the salary they calculated, but they said that's not their concern - if I'm working full-time in the business, I need to be paid like any other employee would be. What hurt my case was that I had no documentation showing I tried to determine a reasonable salary or any business justification for taking zero compensation. If you're in this situation now, start documenting everything - your hours worked, comparable salaries in your area/industry, and your business's financial constraints. Having that paper trail makes a huge difference if you get audited. The IRS does consider the company's ability to pay, but only to some extent. They won't let you pay zero just because you want to reinvest profits.

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Derek Olson

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I'm dealing with this exact same situation right now as a new S-Corp owner! Reading through all these responses has been super helpful, especially the real audit experience from Daniel. It sounds like the consensus is pretty clear - if you're actively working in the business, you need to pay yourself a reasonable salary regardless of distributions. What I'm taking away is that I need to start documenting everything now: my hours worked, what comparable positions pay in my industry/area, and my business financial situation. Even if I can't afford a full market-rate salary right now during my growth phase, having that documentation seems crucial for justifying whatever salary I do set. Has anyone found good resources for researching what "reasonable compensation" actually means for their specific role and industry? I'm trying to figure out if there are standard databases or surveys that the IRS typically references during audits.

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