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Has anyone used any particular tax software that handles this 941 deduction well for small business owners? I tried using TurboTax Small Business last year and it was super confusing with my payroll taxes.
Great question! I just went through this exact situation with my LLC last year. Yes, the employer portion of your 941 payroll taxes is definitely deductible on Schedule C. Here's what I learned: You can deduct the employer's share of Social Security (6.2%), Medicare (1.45%), FUTA, and any state unemployment taxes you paid. For your $2,100 in quarterly taxes, a good chunk of that should be deductible - just make sure you're only counting the employer portion, not the employee withholdings. I put mine on Line 23 "Taxes and licenses" on Schedule C. One thing that helped me was creating a simple spreadsheet to track the employer vs employee portions each quarter, since the 941 form shows everything together. Your payroll service should be able to give you a breakdown if you don't already have one. Also, don't forget about any state payroll taxes you paid - those are deductible too if they're the employer portion. Just keep good records of all your payroll tax payments and forms in case the IRS ever asks for documentation.
This is really helpful advice! I'm curious about the spreadsheet you mentioned for tracking employer vs employee portions - did you create separate columns for each type of tax (Social Security, Medicare, FUTA, etc.) or just one column for total employer portion? I'm trying to set up better record-keeping for next year and want to make sure I'm tracking everything the IRS might want to see if they audit my payroll deductions.
Question about the property value - has anyone considered the potential for further appreciation during the 2-year rental period? If the property is already worth $1.8M and continues to appreciate while being rented, wouldn't that affect the calculations?
That's an excellent point! Yes, if the property continues to appreciate during the rental period, the deferred gain would be larger. Let's say it appreciates another $200k over those two years to $2M. In that case, the total gain would be $1.35M ($2M minus $650k basis). They'd still get the $500k Section 121 exclusion if they qualify, leaving $850k of gain to be deferred through the 1031 exchange. They'd need to purchase a replacement property worth at least $2M (assuming that's the net sales price after selling expenses), and their basis in the new property would be $1.15M ($2M minus $850k). The other factor to consider is depreciation. During the rental period, they'll need to take depreciation on the building portion of the property (not the land), which will reduce their basis slightly and create depreciation recapture tax when they sell, which is taxed at a maximum rate of 25% regardless of the 1031 exchange.
Great discussion everyone! I'm dealing with a similar situation and wanted to add a few considerations that might be helpful. One thing I learned from my tax attorney is that the "step transaction doctrine" mentioned earlier can be tricky with family arrangements. The IRS might look at the entire sequence - converting to rental, renting to family, then selling and exchanging - as one integrated transaction rather than separate steps. To avoid this, your parents should establish clear business motivations for each step. Also, regarding the depreciation point that Carmen mentioned - this is crucial. Once your parents start renting the property, they'll be required to take depreciation deductions (even if they don't claim them, the IRS assumes they did). This creates "depreciation recapture" that must be paid even in a 1031 exchange - it can't be deferred like capital gains. For the gift situation, consider having your parents charge you market rent but then help you in other ways that are clearly separate from the rental relationship - maybe contributing to a down payment fund for your future home purchase, but do this well before or after the rental period to avoid any appearance of connection. Finally, make sure to document everything meticulously. Keep records of comparable rents in the area, maintain the property like any other rental (repairs, maintenance, etc.), and treat it as a true business relationship even though it's family.
This is incredibly helpful, especially the point about depreciation recapture! I hadn't realized that depreciation recapture can't be deferred through a 1031 exchange. Could you clarify how much depreciation we'd be looking at over a 2-year rental period? Also, the idea about helping with a down payment fund separately is brilliant - that would actually be more useful for us than getting rent money back anyway. Do you know if there are any timing restrictions on when gifts can be made relative to the rental period and 1031 exchange? The documentation aspect makes me nervous since we're family, but I understand it's critical. Would having a property management company handle some of the rental duties help establish the business nature of the arrangement, or would that be overkill for a single family rental?
Has anyone here actually claimed QBI for rentals and been audited? I'm worried that even if I meet all the requirements on paper, the IRS might still challenge it since there seems to be so much gray area.
I claimed QBI for my short-term rentals last year and got a notice from the IRS asking for documentation of my hours. I sent them my activity logs and invoices from contractors, and they accepted it without further questions. The key was having detailed records that showed exactly when work was performed and by whom.
I've been through this exact situation with my rental duplex! Since you're under the income threshold at $135k, you're in good shape there. The key thing is understanding that the LLC structure alone won't qualify you - it's all about how actively you manage the property. For a duplex like yours, you'll likely need to document activities like tenant screening, lease negotiations, maintenance coordination, rent collection, property inspections, bookkeeping, and marketing vacant units. Even time spent researching contractors or reviewing financial statements counts toward your 250 hours. Start tracking your time NOW - even if you're not sure you'll qualify yet. Use a simple spreadsheet with date, activity description, and hours spent. Include time from any contractors or property managers too. Since you started renting in May, you might already be closer to the 250-hour requirement than you think, especially if you did significant work getting the units ready for tenants. One tip: consider whether you're providing any "extraordinary services" to tenants (like regular cleaning, linens, or concierge-type services). If so, your rental might be classified differently for tax purposes, which could actually make QBI qualification easier in some cases.
Has anyone tried getting the 1095-A information directly from the health insurance company rather than from parents? When I had a similar issue, I called the insurance provider and explained my situation. They were able to verify my identity and send me the coverage details I needed for my portion of the plan.
This won't work for Marketplace plans. The insurance company doesn't issue the 1095-A - it comes directly from the Health Insurance Marketplace. Only the account holder (in this case, the dad) has access to it through their healthcare.gov account. Regular insurance companies issue 1095-B forms, which work differently.
Thanks for the correction - you're right about that. I was thinking of a 1095-B which is different from the Marketplace form. My situation wasn't exactly the same as OP's. Good catch!
I went through this exact same situation last year with my parents' Marketplace plan. The frustrating thing is that you absolutely DO need the 1095-A information to file correctly, but your dad's CPA might be worried about Premium Tax Credit complications. Here's what worked for me: I contacted the IRS Taxpayer Advocate Service (it's free). They helped me understand that I needed specific information from the 1095-A - like the monthly premium amounts and coverage dates - but I didn't necessarily need the physical form. They even provided me with a letter explaining the legal requirement that I could show my parents. The key insight was that even though you don't pay for the insurance, the IRS needs to verify your coverage to ensure you're not incorrectly claiming exemptions or credits elsewhere on your return. Your dad's concern about the CPA's advice might be valid from his perspective, but it doesn't change your legal obligation to report the coverage. One compromise that worked for us: my parent agreed to sit with me while I filled out the relevant tax software sections, reading the information directly from their form without giving me a copy. This satisfied both the legal requirement and their CPA's concerns about document sharing.
This is really helpful advice! I hadn't heard of the Taxpayer Advocate Service before. How long did it take for them to respond when you contacted them? And did they actually provide you with an official letter that convinced your parents? I really like your compromise solution about sitting together to fill out the forms. That might be something my dad would be more comfortable with since his CPA seems concerned about sharing the actual document. Did you run into any issues with the tax software when entering the information this way, or did it work just like having the physical form?
QuantumQuest
Anyone know if this affects social security and medicare withholding too? Or is that the same regardless of which state you're in?
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Jamal Anderson
ā¢Social Security and Medicare taxes (FICA) are federal taxes, so they're the same in all states. This issue only affects state income tax withholding. Your federal income tax might be affected if they changed your filing status from Married to Single, though, since that changes your tax brackets.
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Keisha Thompson
This is a frustrating situation but definitely fixable! I went through something similar when my company incorrectly classified me as a California resident while I was actually living in Nevada. A few key things to prioritize: 1. **Document everything** - Save all your pay stubs showing the NY withholding, any emails with payroll, and proof of your Tennessee residency (lease, utility bills, etc.) 2. **Push for W-2c forms** - Don't let payroll just fix it going forward. You need corrected W-2c forms for 2022 and 2023 to properly file amended returns and get your money back. 3. **File non-resident returns** - You'll need to file NY non-resident returns showing $0 NY income to get refunds of the withheld taxes. Since Tennessee has no state income tax on wages, you should get back everything that was withheld. 4. **Check your federal filing status** - The fact that they also changed you from Married to Single could have affected your federal taxes too. Make sure that gets corrected on your W-2c forms. The good news is Tennessee's lack of state income tax makes this cleaner than it could be. You're not dealing with reciprocity agreements or partial credits between states. Just document everything and be persistent with payroll - they created this mess and need to fix it properly.
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Sarah Jones
ā¢This is really helpful advice! I'm curious about the documentation part - should @Zara Malik also be documenting her physical location during work hours? Like keeping records of where she was actually working from each day? I imagine that could be important evidence if there s'any dispute about whether she was truly a Tennessee resident vs working in NY remotely. Things like credit card transactions, cell phone location data, or even just a simple log of where she worked each day might help prove she never physically worked in New York.
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