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Has anyone ever had the IRS challenge their treatment of earnest money in a 1031? I'm in a similar situation but worried about getting flagged for audit if I don't report it as ordinary income.
I actually had this exact situation in 2021 and treated the earnest money as part of the overall transaction since I completed a 1031 exchange. I did get a letter from the IRS asking for clarification (not a full audit), but after I sent in my documentation showing how I handled it, they accepted my treatment. Just make sure you keep really good records of everything!
This is such a complex area and I'm seeing some really helpful insights here! As someone who just went through a similar situation, I wanted to add that documentation is absolutely critical. I kept detailed records of the first buyer's breach of contract, the earnest money forfeiture, and how it related to my overall 1031 exchange timeline. My tax preparer said having clear documentation showing the connection between the earnest money and the eventual successful sale was key to justifying treating it as part of the overall transaction rather than separate ordinary income. One thing I learned is that if there's a significant time gap between losing the first buyer and closing with the second buyer, the IRS might be more likely to view these as separate events. In my case, the gap was only about 6 weeks, which helped support treating it as one continuous transaction process. Also worth noting - if you're doing your own taxes, Form 8824 for the 1031 exchange should include all the transaction details, including any adjustments for earnest money situations like this. Don't forget to adjust your basis calculations accordingly!
This is incredibly helpful, thank you for sharing your experience! The timing aspect you mentioned is really interesting - I hadn't considered that the gap between buyers could impact how the IRS views the transaction. My situation had about a 3-month gap between the first buyer backing out and closing with the second buyer. Do you think that longer timeframe might make it harder to argue they're part of the same continuous transaction? I'm wondering if I should be more conservative and treat the earnest money as ordinary income just to be safe, even though it would mean a higher tax bill. Also, when you mention adjusting basis calculations on Form 8824, did you work with a tax professional or were you able to figure out those adjustments on your own? The 1031 paperwork is already confusing enough without adding this complication!
Great discussion here! One additional thing to consider that I haven't seen mentioned - make sure you have solid documentation of your residency periods for both properties. The IRS can be pretty strict about proving the "use test" especially when there are overlapping ownership periods. I'd recommend gathering utility bills, voter registration records, driver's license addresses, and any other documentation that clearly shows which property was your primary residence during specific time periods. Since you both owned separate homes before marriage, you'll want to be extra careful about demonstrating continuous primary residence use. Also, if either property was ever rented out (even briefly), that could complicate the exclusion calculation. The IRS has specific rules about periods of "nonqualified use" that can reduce your exclusion amount. Worth double-checking your timeline to make sure there weren't any rental periods you might have forgotten about.
One thing that hasn't been mentioned yet is the timing consideration for your sales. Since you're married now, you'll want to be extra careful about which tax year each sale falls into, especially if you're considering filing separately. If you sell both properties in the same tax year and file separately, you'll each need to report your respective property sale on your individual return. However, if you can time the sales to fall in different tax years (one in December 2025, one in January 2026), you might have more flexibility in choosing your filing status each year based on what's most advantageous. Also, don't forget about depreciation recapture if either of you ever claimed a home office deduction on these properties. That portion of the gain isn't eligible for the Section 121 exclusion and will be taxed at a 25% rate regardless of your filing status. I'd strongly recommend running the numbers both ways (MFS vs MFJ) with a tax professional who can model different scenarios, including the timing of the sales. The capital gains exclusion benefit might be offset by other tax disadvantages of filing separately, depending on your overall financial picture.
This is really helpful advice about timing! I hadn't thought about splitting the sales across tax years. Since we're planning to sell both properties this year, would it make sense to accelerate one sale to late 2024 if possible, or delay one to early 2025? Also, regarding the home office depreciation recapture - neither of us claimed home office deductions, but I did use a small portion of my home for some freelance work. I never formally claimed it on taxes though. Should I be concerned about any depreciation issues even if I didn't take the deduction? @Evelyn Kelly - do you know if there s'a minimum threshold for home office use that would trigger these complications, or is it only if you actually claimed the deduction on your tax returns?
I'm dealing with a similar situation right now! I've been legally blind since childhood but only recently learned about the tax benefits. One thing I'd add is that if you're employed, you might also want to look into whether your employer offers any vision-related benefits or accommodations that could have tax implications. Some assistive technology purchases for work can be deductible as unreimbursed employee expenses if you itemize. Also, I discovered that if you use a tax preparer, many of them aren't familiar with these specific deductions for blindness. When I went to H&R Block last year, the preparer had to look it up because they'd never handled it before. So don't feel bad about not knowing - even some tax professionals miss this stuff! It might be worth specifically asking your preparer about disability-related deductions when you file going forward.
This is such valuable information! I never thought about the workplace aspect. I'm curious - do you know if there are any limitations on what kinds of assistive technology qualify for deductions? I use screen reading software and have some specialized equipment at home that I sometimes use for work purposes. Would something like a braille display or voice recognition software potentially be deductible if it's used for work? Also, your point about tax preparers not being familiar with this is so true. I've been going to the same CPA for years and I'm now wondering if I should specifically ask them about reviewing my past returns for any missed disability-related deductions. It seems like there might be more opportunities than just the standard deduction increase that most people talk about.
Great question about assistive technology deductions! From my experience, items like screen readers, braille displays, and voice recognition software can potentially qualify as medical expenses if they're primarily for managing your blindness, but the rules are tricky. For work-related equipment, it depends on whether your employer reimburses you and whether you itemize vs take the standard deduction. The key thing with assistive technology is documenting that it's "primarily for medical care" - so if you use a braille display 80% for managing daily tasks related to your blindness and 20% for general computer use, it would likely qualify. But if it's mainly for general productivity, it might not. One thing that helped me was getting a letter from my eye doctor specifically stating that certain equipment is medically necessary for my condition. This creates a clear paper trail if the IRS ever questions it. Also, keep detailed records of how you use each piece of equipment - the IRS may want to see that it's truly medical in nature rather than just convenient technology. You're absolutely right about asking your CPA to review past returns! Many tax professionals don't specialize in disability-related deductions, so being proactive about bringing this up could uncover missed opportunities. There are often multiple angles beyond just the standard deduction - medical expenses, equipment costs, sometimes even transportation expenses related to medical care.
This is incredibly detailed and helpful! I had no idea about the "primarily for medical care" requirement or getting a letter from your eye doctor specifically about equipment being medically necessary. That's such smart documentation to have. I'm curious about the transportation expenses you mentioned - are you referring to things like getting to and from eye doctor appointments? Or does this extend to other vision-related medical appointments? I do a lot of specialized vision therapy and orientation/mobility training, and those appointments can really add up travel-wise. Also, when you say "multiple angles" for disability-related deductions, are there other categories besides medical expenses and equipment that people commonly miss? I feel like I'm just scratching the surface of what might be available. Your point about being proactive with the CPA is well taken - I'm definitely going to schedule a specific meeting just to go through potential missed deductions!
I used taxr.ai when this happened to me its actually crazy accurate. told me exactly when id get my refund and what was holding it up. Better than waiting for the notice tbh
how does it work? do u just upload ur transcript?
yep! just upload and it breaks everything down. Gives you a timeline and everything. Best dollar I ever spent no cap
I went through the exact same thing last year with a 570 code and EIC review! The good news is your transcript looks normal for this type of hold - they're just verifying your income to make sure the EIC amount is correct. Since your AGI is $7,739 and you're claiming $2,090 in EIC, they want to double-check that you actually earned that income and qualify. The 971 notice should arrive within the next week or so and will tell you exactly what documents to send in. Pro tip: start gathering your documents now - W2s, 1099s, any records of the income that supports your EIC claim. When that notice comes, respond ASAP because the faster you send everything back, the faster they'll release your refund. In my case, it took about 4-5 weeks total from the 570 code to getting my money. Your $3,331 is safe, it's just sitting there waiting for verification. Hang in there! πͺ
Esmeralda GΓ³mez
I might be able to provide some insight as someone who successfully navigated a similar situation. My return with cycle code 04 updated precisely at 3:12am on a Wednesday, and I received my refund exactly 8 days later. Based on the patterns I've observed, most 04 cycle taxpayers seem to get their updates between 1am-5am on Wednesdays, though occasionally some appear as late as noon. I'm slightly concerned that military returns might face additional scrutiny this year due to the new W-2 verification procedures, but the timeline should remain relatively consistent.
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Oliver Becker
As another military family with cycle code 04, I can confirm the Wednesday morning pattern is spot on! We filed early February and our transcript updated at 2:47am on a Wednesday. One thing I'd add - if you're checking on mobile, sometimes the IRS website doesn't refresh properly until you clear your cache. I was checking every day for a week thinking nothing had changed, but when I cleared my browser data, boom - there was my 846 code with a DDD! Also, don't forget that military pay can sometimes show differently on transcripts if you had any combat pay exclusions or family separation allowances. Those might cause small delays but shouldn't affect your cycle code timing.
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Grace Thomas
β’This is such helpful advice about clearing the cache! I never would have thought of that. As someone new to checking transcripts, I'm wondering - do you recommend using the mobile app or the desktop website? And is there a specific browser that works better with the IRS site? I want to make sure I'm not missing updates due to technical issues when my Wednesday morning comes around.
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