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Help with Form 8824 - determining adjusted basis for a subdivided lot in a 1031 exchange with private mortgage involved

So I'm in a bit of a unique tax situation and could use some guidance filling out Form 8824. I'm wondering how to calculate the adjusted basis correctly. I bought some investment land back in 2022 - it was a 26-acre parcel that had nice highway frontage. Paid $165k with a private mortgage arrangement ($28k down payment). The property was mostly undeveloped with some wetlands. Got super lucky last year when the city decided to put in major infrastructure improvements near my property, which skyrocketed the value. I subdivided the land and sold about 1 acre of prime highway frontage to a retail business for $875k in early 2025. After that, I completed a partial 1031 exchange through a qualified intermediary. Purchased another investment property for $420k and ended up with a boot of roughly $385k after closing costs. From what I understand about IRS rules, I can use the FMV of the subdivided lot divided by the total FMV of the entire parcel. This works out to around 25.5% in my case. I know there might be ways to use alternative valuation based on intrinsic value (since the highway frontage was worth way more), but let's stick with the 25.5% for now. Normally, I'd just take $165k Ɨ 25.5% to calculate my basis for the subdivided lot. Here's where it gets complicated - the mortgage holder agreed to release just the subdivided portion from the mortgage before the sale. This let me keep my original mortgage (at 3%) without paying it off. They were willing to do this to avoid additional tax consequences on their end. My question is: Is my basis on the subdivided lot limited to 25.5% of just my down payment plus whatever mortgage payments I made before the release? Or can I use 25.5% of the full $165k purchase price since I still have that liability on the remaining property? The land was vacant, so no depreciation recapture to worry about. I've got some additional adjustments for closing costs, appraisals, and legal fees from fighting a tax levy, but I think I understand those parts. Thanks for any help with Form 8824!

Wait I'm confused about something here. Doesn't the original mortgage create complications? If the bank released the frontage lot from the mortgage, wouldn't that be considered debt relief and potentially taxable? Or does the 1031 exchange override that somehow?

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Eva St. Cyr

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No, releasing part of the collateral from a mortgage isn't considered debt relief in this situation. The original borrower (OP) still has the same mortgage balance - the lender is just agreeing that their lien no longer includes the subdivided parcel. It's essentially a partial release of collateral, not forgiveness of debt. The 1031 exchange is handling the proceeds from the sale, which is a separate issue from the mortgage. Since OP still has the same mortgage liability (just secured by less property now), there's no debt forgiveness income to recognize.

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This is a really helpful discussion! I'm dealing with a somewhat similar situation where I subdivided investment property for a 1031 exchange, though mine was commercial land rather than residential. One thing I learned from my tax attorney is that you should also consider whether any of your closing costs from the original purchase can be added to your basis. Things like title insurance, legal fees, and survey costs from when you bought the 26-acre parcel can often be included in your adjusted basis calculation, which would reduce your taxable gain. Also, since you mentioned fighting a tax levy - if those legal fees were related to defending your title to the property or protecting your investment, they might also be added to basis rather than treated as a current deduction. The FMV allocation method you're using sounds correct, but definitely document everything thoroughly. The IRS tends to scrutinize subdivided land transactions more closely, especially when there are significant value differences between parcels like highway frontage vs. wetlands. Good luck with Form 8824 - it's definitely one of the more complex forms to navigate!

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Caden Nguyen

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Great point about the closing costs from the original purchase! I hadn't thought about including those in my basis calculation. Looking back at my documents, I had about $3,200 in title insurance, attorney fees, and survey costs when I bought the 26-acre parcel. If I can add those to my $165k purchase price, that would give me a higher basis to work with. The legal fees for fighting the tax levy were actually related to a property tax dispute on the land, so it sounds like those might qualify as basis adjustments too. That was another $1,800 in attorney fees. You're absolutely right about documenting everything thoroughly. Given the huge value difference between the highway frontage and the wetlands, I'm expecting the IRS might take a closer look at my allocation method. I'm thinking about getting that professional appraisal that others mentioned to support my FMV calculations. Thanks for the advice - this community has been incredibly helpful for navigating this complex situation!

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Alana Willis

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It seems, perhaps, that there might be a possible workaround worth exploring. In some cases, the IRS Taxpayer Assistance Centers can potentially accept alternative documentation for children in lieu of the actual Social Security card. This might include a birth certificate along with medical records showing your child's SSN, or possibly school records with the SSN listed. I was, quite frankly, surprised to learn this when I faced a somewhat similar situation. You would likely need to call ahead to the specific TAC office where you plan to verify and ask if they can accommodate this exception given your circumstances. The flexibility varies significantly by location and individual IRS employee discretion.

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I'm going through something very similar right now - filed in late January and have been stuck in verification limbo for weeks. What's been most helpful for me is keeping detailed records of every call, including the representative's ID number and exactly what they told me. The inconsistent information is maddening, but having those records helped when I finally reached someone who could actually see my full account status. One thing that might help while you're waiting for the Social Security card - call your local SSA office directly and ask about expedited processing due to IRS verification needs. Some offices can flag your request as urgent for tax purposes. Also, if you have any other documents with your child's SSN on them (like tax documents from previous years, insurance cards, or medical records), bring those as backup even though they might not accept them. I've heard some TAC offices are more flexible than others depending on your specific situation. The financial strain is real - I totally get it. Have you looked into whether your state has any emergency assistance programs while you're waiting? Some states offer short-term help specifically for tax refund delays.

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One option nobody's mentioned yet - have you considered an Offer in Compromise? If your financial situation truly doesn't allow you to pay the full amount, even over time, you might qualify to settle the debt for less than you owe. The 433-F is actually part of that application process too.

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Offers in Compromise are REALLY hard to get approved though. The IRS rejects most of them. They want to see that you have no possible way to pay the full amount over time. Since OP mentioned having enough assets to potentially pay down to $50k, I doubt they'd qualify.

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I went through almost the exact same situation last year with an inherited 401k that created a huge tax bill. Here's what I learned from experience: The IRS will definitely scrutinize your Form 433-F carefully when the amount is over $50k, but they're not necessarily looking to reject your installment plan - they just want to make sure you're paying what you reasonably can afford each month. That said, if you have the ability to pay down to $50k first, I'd strongly recommend doing that. The streamlined installment agreement process for amounts under $50k is SO much simpler. You'll avoid the 433-F entirely, get faster approval (often automatic), and have fewer ongoing compliance requirements. One thing to consider: even if you pay down to $50k initially, you can always request to modify your payment plan later if your financial situation changes. The IRS is generally willing to work with taxpayers who are making good faith efforts to pay. Also make sure you're factoring in the setup fee for the installment agreement ($31-225 depending on how you apply and pay) and the ongoing interest/penalties. Sometimes it's worth exploring other financing options first if you have good credit.

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AstroAce

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This is really helpful advice, thank you! I'm curious about the setup fees you mentioned - is there a way to get those waived or reduced? I've heard that low-income taxpayers might qualify for fee reductions, but I'm not sure what the income thresholds are or if that would apply to someone with a large tax bill from a one-time event like an inheritance. Also, when you say the IRS is willing to modify payment plans later - how difficult is that process? Do you have to go through the whole application again or is it more straightforward?

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California Tax Refund Shows "Authorized February 4" But No Deposit After 10 Days - FTB Status Shows Issued But Worried About Possible Offset

I filed my state taxes which got accepted earlier this week. When I checked my refund status today at webapp.ftb.ca.gov, it shows a status timeline with three stages: "Received" → "Processing" → "Issued". According to the status page, "We authorized your refund on Tuesday, February 04, 2025." The refund status page specifically states to "Please allow: 10 business days to receive your refund by direct deposit, or 25 business days to receive your refund by check." No deposit has hit my account yet though, and I'm getting a bit anxious about when I'll see the money. Last year my refund got taken for unemployment debt but at least it showed that clearly on the status page. This year I don't owe anything since I paid off like 11k last year with my refunds. The current status just says "If we made any adjustments to your return, we will notify you by mail." Would it show on this page if they took it for something else? Getting nervous since I don't see any offset notices like I did last year. The status just shows the three stages (Received → Processing → Issued) with no mentions of offsets or adjustments like it did last year. At the bottom of the page there's a "What did you think about this service? (survey takes 30 seconds)" option and a "Return to Check Refund Status" button, but nothing indicating whether my refund is being offset. The copyright at the bottom says "Copyright Ā© 2025 State of California". Has anyone else had experience with the FTB website showing "authorized" but not actually having offsets mentioned even though they took it? I'm worried my refund is being taken again without proper notification.

Ethan Moore

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ur good fam just gotta wait it out. banks be moving slow af with these deposits sometimes

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facts šŸ’Æ my bank always takes forever with gov deposits

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Amina Diallo

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I work in tax prep and can confirm that California FTB is usually very transparent about offsets on their status page. Since you're not seeing any offset language and the TOP hotline cleared you, you should be good to go! The 10 business day window starts from the authorization date (Feb 4), so you're still within normal timeframes. Some banks can take an extra day or two to process government deposits, especially if they do additional verification. Hang tight - your refund should hit soon!

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Javier Cruz

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Just wondering - does being in CNC status stop penalties and interest from accruing on the tax debt? I'm considering applying for it myself.

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Emma Wilson

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No, it doesn't stop penalties and interest unfortunately. Your debt keeps growing while in CNC, but at least they're not actively trying to collect from you. It's a temporary solution, not forgiveness.

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Chloe Harris

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I went through this exact same situation about 6 months ago! Got the 433-F request after being in CNC for about 20 months. I was terrified they were going to kick me out because my freelance income had gone up slightly. Here's what I learned: The key is being thorough and honest about ALL your expenses, not just focusing on income changes. Document everything - rent, utilities, groceries, car payments, insurance, medical costs, childcare, etc. The IRS uses standard allowable living expense amounts, but they'll consider documented expenses above those standards if you can prove they're necessary. In my case, even though my income increased by about $6k annually, my rent had gone up significantly and I had new prescription costs that weren't there before. I made sure to include every receipt and explanation. They kept me in CNC status because my actual ability to pay hadn't really improved. The review process took about 6 weeks total from when I submitted the form. Don't ignore it - that's the one thing that will definitely get you kicked out of CNC. But don't panic either. If your financial situation is still legitimately tight, you'll likely be fine.

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