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Does anyone know if you can still do a backdoor Roth for 2024? I thought I heard something about the government closing this "loophole" but I'm not sure if that actually happened or was just proposed.

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Yes, the backdoor Roth is still available for 2024 and 2025. There was talk about eliminating it in some proposed legislation a couple years ago, but that never passed. You're good to go if you want to do it!

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Arjun Kurti

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This is exactly what happened to me last year! The 1099-R showing the full amount as taxable is completely normal and expected for backdoor Roth conversions. Don't panic - you're not doing anything wrong. The key thing to remember is that the 1099-R is just the brokerage firm's way of reporting the distribution to the IRS. They have no way of knowing whether your original contribution was deductible or non-deductible, so they default to showing the entire amount as potentially taxable. When you file Form 8606, you're essentially telling the IRS "Hey, I already paid taxes on this money when I earned it, so the conversion shouldn't be taxed again." The form calculates your basis (the after-tax money you put in) and shows that the taxable portion of the conversion is $0. Make sure you keep good records of your Form 8606 - I learned the hard way that the IRS doesn't always automatically match everything up in their system. But as long as you file it correctly with your return, you'll be fine!

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This is really helpful, thank you! I'm new to all this and was getting overwhelmed by all the different forms and numbers. Just to make sure I understand - when I file Form 8606, it will basically override what the 1099-R shows as taxable? And this won't trigger any red flags with the IRS since the numbers don't match? Also, you mentioned keeping good records - should I be keeping anything beyond just the Form 8606 itself? Like records of when I made the contribution and conversion?

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Could another option be contributing the property in exchange for a larger LLC interest? So instead of maintaining the 75/25 split, the mother receives additional LLC interest proportional to the property value, increasing her percentage ownership. Later on she could gift LLC interests gradually to her child using the annual gift tax exclusion ($16k/year for non-resident aliens).

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Joy Olmedo

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This is what we did with our family LLC! My father contributed a property worth about $500k and his ownership percentage went from 60% to 78%. Then he started gifting small percentages of LLC interest each year using the annual exclusion. It's a longer process but worked well for us. Make sure you get regular valuations of the LLC interests though - the IRS looks closely at valuation of these gifts.

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Ella Harper

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As a non-resident alien myself who went through a similar property transfer, I'd strongly recommend getting a professional appraisal of the Florida property before proceeding with any option. The IRS will scrutinize the valuation heavily, especially for non-resident alien transactions. One approach that worked for my family was structuring it as a contribution to capital where your mother receives additional LLC interests proportional to the property value, then gradually gifts LLC interests back to you over several years using the annual exclusion. This spreads out any potential tax impact and gives you more control over timing. Also keep in mind that Florida has no state gift tax, but you'll still need to comply with federal requirements. Make sure to file Form 3520-A if the LLC is treated as a foreign trust for tax purposes, which can happen with certain ownership structures involving non-resident aliens. Document everything meticulously - the IRS pays extra attention to related-party transactions involving real estate and non-resident aliens. Consider having the LLC formally adopt a resolution authorizing the capital contribution and get independent valuations to support the transaction.

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This is really helpful advice about the appraisal requirement! I'm curious about the Form 3520-A filing you mentioned - when exactly would an LLC be treated as a foreign trust for tax purposes? Is this something that happens automatically with non-resident alien ownership, or does it depend on specific provisions in the operating agreement? I want to make sure we don't miss any filing requirements that could trigger penalties later.

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I think the most conservative approach is to report it as income, but you might want to consult with a tax professional who specifically has experience with surrogacy cases. There are some CPAs who specialize in this area. When my sister was a surrogate, she found one through her surrogacy support group who had handled dozens of similar cases and knew exactly how to approach it. Whatever you do, don't follow the agency's informal suggestion to not report it. The IRS has ways of finding unreported income, especially amounts this significant, and the penalties for non-reporting can be steep.

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Leo McDonald

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I went through this exact situation two years ago when my wife was a surrogate. After consulting with a tax attorney who specializes in reproductive law, we learned that the IRS generally treats surrogacy compensation as taxable income, but the classification (self-employment vs. other income) can make a huge difference in your tax liability. The key factors that helped us determine the proper reporting were: 1) Whether this was a one-time arrangement or part of an ongoing business, 2) How the contract was structured, and 3) The level of control the intended parents had over the process. In our case, we reported it as "other income" on Schedule 1 rather than self-employment income, which saved us thousands in self-employment taxes. We documented everything meticulously - separating actual compensation from medical expense reimbursements, which aren't taxable if properly documented. Don't let the agency's informal advice guide your tax decisions. The $42,000 you mentioned is significant enough that the IRS would likely notice if it's not reported, especially if it was paid via check or bank transfer. Better to be conservative and report it properly than face potential penalties later. I'd strongly recommend consulting with a CPA who has experience with surrogacy cases - it's worth the consultation fee for peace of mind on something this substantial.

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This is really helpful, thank you! The distinction between one-time arrangement vs. ongoing business makes a lot of sense. In our case, this was definitely a one-time thing - we went through an agency, had a single contract with one couple, and my wife has no intention of doing this again. You mentioned documenting everything meticulously - could you share more specifics about what documentation helped you? We have the contract and bank statements showing the payments, but I'm wondering if there are other records we should be keeping track of. Also, did you end up needing to provide any of this documentation to the IRS, or was it just for your own records in case of questions later? The peace of mind from getting professional advice definitely seems worth it at this point. Thanks for sharing your experience!

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Hattie Carson

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Has anyone talked to their CPA about qualified charitable distributions from IRAs? My mother is over 70 and uses this to reduce her taxable income while satisfying her required minimum distributions. Not sure if it would work for capital gains specifically tho.

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QCDs only work for IRA distributions and only if you're over 70Β½. They wouldn't help with capital gains from property sales. They're great for reducing income tax on required minimum distributions but wouldn't affect capital gains tax at all.

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One strategy that hasn't been mentioned yet is donating appreciated property directly to charity instead of cash. If you have other appreciated assets (stocks, bonds, real estate), you can donate those directly and avoid paying capital gains tax on them while still getting the full fair market value deduction. For example, if you have $200,000 worth of stock that you originally bought for $50,000, donating the stock directly saves you capital gains tax on the $150,000 appreciation AND gives you a $200,000 charitable deduction. Then you could use the cash you would have donated to reinvest in similar securities. This doesn't help with your current property sale, but it's a more tax-efficient way to make large charitable donations if you have other appreciated assets in your portfolio. You essentially get to "stack" the tax benefits - avoiding capital gains AND getting the income tax deduction. Just make sure the charity can accept the type of asset you want to donate, and that you've held it for more than one year to qualify for long-term capital gains treatment.

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Sofia Torres

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This is really helpful advice! I hadn't thought about donating appreciated assets instead of cash. One question though - if I donate appreciated stock worth $200k that I bought for $50k, and then use that cash to buy similar stock, wouldn't I essentially be in the same position but with a higher cost basis on the new stock? It seems like I'm trading the same economic exposure but getting better tax treatment. Is there any wash sale rule or similar restriction that would prevent this strategy?

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Lola Perez

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This is exactly what happened to me with PayUSAtax in 2024! The frustrating part is that their customer service seems completely disconnected from their technical team. I spent weeks getting the runaround from representatives who clearly had no access to see what was actually happening to payments in their system. What finally worked for me was getting my bank involved early in the process. Since PayUSAtax had withdrawn the money but couldn't prove they'd transmitted it to the IRS, my bank treated it as a merchant dispute. They issued a provisional credit while investigating, which took the immediate financial pressure off. The key documentation that helped my case was printing out the IRS payment history page showing NO record of my payment, along with my bank statement showing PayUSAtax had definitely taken the money. Having that clear paper trail showing the disconnect between what PayUSAtax claimed and what the IRS actually received made the dispute pretty straightforward. I'd also recommend calling the IRS early in the morning (around 7 AM) when their phone lines first open. You'll have much better luck getting through to a human who can confirm whether they have any record of your payment at all. Once I had that confirmation in writing that the IRS had never received my money, it became much easier to hold PayUSAtax accountable.

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This is really solid advice about involving your bank early! I wish I had thought of that approach from the beginning instead of waiting weeks trying to resolve it directly with PayUSAtax. The idea of getting documentation from the IRS showing no record of the payment is brilliant - that creates a clear paper trail showing where the breakdown occurred. I'm definitely going to try calling the IRS early morning like you suggested. I've been calling during regular business hours and just getting stuck in their automated system for hours. Did you have to explain the whole PayUSAtax situation to the IRS representative, or were they already familiar with these types of third-party payment processor issues? Also, how long did your bank's provisional credit investigation take? I'm wondering if that might be faster than waiting for PayUSAtax to figure out their technical issues, especially since multiple people here have mentioned it taking weeks to get through to anyone who can actually help.

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I'm dealing with this exact same nightmare right now! PayUSAtax took my payment for Q4 2024 estimated taxes back in January, and it just vanished from both their system and the IRS records about two weeks ago. I've been on hold with them for literally hours every day with no success getting through to anyone. Reading through all these responses, it sounds like I need to stop waiting for PayUSAtax to fix this and start being more proactive. I'm going to file complaints with both CFPB and BBB today, and also call my credit card company to start a dispute. The advice about calling the IRS early morning is something I hadn't thought of - I'll try that tomorrow at 7 AM to get documentation that they have no record of my payment. Has anyone had luck with getting penalty and interest relief from the IRS once this kind of situation gets resolved? I'm worried that even if I get my original payment processed eventually, I might still be on the hook for late payment penalties since the IRS never received it by the due date. I did make a backup payment directly to the IRS to cover myself, but I'm still stressed about potential penalties on the "missing" payment period. This whole experience has definitely taught me to stick with IRS Direct Pay going forward. These third-party processors seem to create more problems than they solve.

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