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This is a really complex situation that touches on several different tax concepts! Based on what you've described, you're dealing with both the Section 121 exclusion for primary residence sales and the classification of mixed-use properties. The key issue is that the IRS will likely view your RV park as a business investment rather than a replacement primary residence, even if you're living on the property. However, there are some strategies that might help: 1. **Separate the residential from business portions**: If you can clearly delineate what part of the property is your actual residence (whether that's an RV pad, a small house, or a manufactured home), that portion might qualify for the Section 121 exclusion. 2. **Timing matters**: You generally need to purchase your replacement residence within a reasonable timeframe to maintain the exclusion benefits. 3. **Documentation is crucial**: Keep detailed records of all expenses, improvements, and usage to support your position if audited. Given the complexity and potential tax implications (we're talking about significant capital gains here), I'd strongly recommend getting professional advice from a tax attorney or CPA who specializes in real estate transactions. They can help you structure the purchase and development in a way that maximizes your tax benefits while staying compliant with IRS regulations. This isn't a DIY situation - the stakes are too high to guess!
This is really helpful advice! I'm actually in a similar situation - considering selling my primary residence to buy a small ranch where I'd run a glamping business. The point about separating residential from business portions makes a lot of sense. Do you happen to know if there's a minimum square footage or percentage that needs to be designated as "personal residence" to qualify for the Section 121 exclusion? I'm wondering if having just a small cabin on a large commercial property would still count, or if the IRS has specific thresholds they look for. Also, when you mention timing matters for the replacement residence - is there a specific deadline like the 45/180 day rules for 1031 exchanges, or is it more subjective?
@dc11f34c4971 Great question about the thresholds! The IRS doesn't have specific square footage minimums for the Section 121 exclusion, but they do look at whether the space genuinely functions as your primary residence. The key test is whether you use it as your main home where you live, sleep, and conduct your daily personal activities. For timing, the Section 121 exclusion doesn't have the same strict deadlines as 1031 exchanges. You don't need to buy a replacement property at all to claim the exclusion - it's just about selling your primary residence that you've lived in for 2 of the last 5 years. The exclusion amount (up to $250k single/$500k married) applies regardless of what you do with the proceeds. However, if you're trying to argue that part of your new property qualifies as a replacement primary residence, you'd want to establish residency there fairly quickly to support that claim. The IRS looks at factors like where you receive mail, voter registration, driver's license address, etc. Your glamping situation sounds very similar to the original poster's RV park question. Just make sure whatever you designate as your personal residence is clearly separated from the business operation both physically and in your record-keeping!
Just want to add another perspective here - I went through something very similar when I sold my house to buy a working farm with a farmstand business. What really helped was consulting with a tax professional before making the purchase, not after. They helped me structure the transaction so that I clearly allocated the purchase price between the residential portion (my actual farmhouse) and the business portion (the farmstand, storage buildings, commercial kitchen, etc.). This required getting separate appraisals for each use, but it was worth it. The residential portion qualified for the Section 121 exclusion, saving me about $45,000 in capital gains taxes. The business portion was treated as a separate investment, which meant I did pay capital gains on that allocation, but it also meant I could depreciate those business assets going forward. One thing I learned is that you need to be very intentional about how you document everything from day one. The IRS will scrutinize mixed-use properties closely, so having clean records showing the legitimate business purpose versus personal residence use is essential. Don't try to get too creative with the allocations - they need to reflect the actual fair market values and intended use. The key is getting professional guidance before you buy, not trying to figure it out at tax time!
This is exactly the kind of real-world example that's so helpful! Getting separate appraisals for different portions of the property is brilliant - I never would have thought of that approach. It makes total sense though, since you need to justify the allocation with actual market values rather than just picking convenient percentages. The timing point about consulting before purchase (not after) is something I wish more people understood. By the time you're filing taxes, your options are pretty limited. But if you plan ahead, you can structure things to maximize your benefits legally. Quick question - when you got the separate appraisals, did you use the same appraiser for both portions or different specialists? I'm wondering if having one appraiser do both might be simpler for consistency, or if using different appraisers who specialize in residential vs commercial properties would give you stronger documentation. Also really appreciate you sharing the actual dollar amount you saved ($45k) - it helps put the value of proper planning into perspective!
dont even bother calling tbh. system automatically converts failed direct deposits to paper checks. just gotta wait it out
Same thing happened to me with Cash App last year! The rejected deposit bounced back to IRS within about 5 business days, then got my paper check exactly 3 weeks later. Make sure your mailing address is current on file with them - you can check/update it on the IRS website. The waiting sucks but at least you'll definitely get your money šø
This happened to me and it turned out the partnership had made a mistake. They checked box 16 on everyone's K-1 but there were actually no foreign transactions that year! They sent a corrected K-1 after I called them. Might be worth checking if this was just a clerical error.
I went through this exact same nightmare last year! After weeks of back-and-forth with the partnership and getting nowhere, I discovered that many partnerships are still figuring out the K-3 requirements themselves since they're relatively new. Here's what worked for me: I contacted the partnership in writing (email with read receipt) requesting the K-3 and kept a copy of that request. When I still didn't receive it after 30 days, my tax preparer filed my return with a statement attached explaining that I had requested but not received the K-3 form despite the checked box 16. The IRS actually has guidance allowing this approach when partnerships fail to provide required supplemental information. The key is documenting your reasonable efforts to obtain the form. Don't let a missing K-3 prevent you from filing on time - you can always amend later if needed once you get the information. But definitely don't just ignore a checked box 16 without taking some action!
This is really helpful advice! I'm dealing with a similar situation and hadn't thought about documenting my requests in writing. Quick question - when you attached the statement to your return explaining the missing K-3, did you file it as a separate document or include it somewhere specific on the forms? I want to make sure I do this correctly if I end up in the same boat.
Does anyone know if the HSA contribution limits are different if you have a family plan vs individual? I think I might have over-contributed this year and am worried about penalties.
This is such a common confusion point! I went through the exact same thing last year. The key thing to remember is that "Contributions Through an Employer" refers to the METHOD of contribution, not WHO contributed the money. So Carmen, in your case, you'd report the full $4,550 ($3,650 + $900) under "Contributions Through an Employer" because both amounts went through your employer's payroll system. Your $3,650 was deducted pre-tax from your paychecks, and your employer's $900 contribution also went through their system. You should NOT report your $3,650 anywhere else on the form - that would be double counting. Your W-2 should show the total HSA contributions in Box 12 with code "W" which would be that same $4,550. The IRS distinguishes between employer-facilitated contributions (which are already tax-advantaged) and direct contributions you might make from your personal bank account after receiving your paycheck. Since all your contributions went through your employer, they all fall under the "Contributions Through an Employer" category.
StarStrider
Just FYI - if youre using dependent care FSA money for a preschooler, make sure your provider gives you their Tax ID number or SSN. Lots of people miss this and then cant properly report the FSA benefits. You need to list all care providers and their tax IDs on Form 2441 even with MFS status.
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Ravi Gupta
ā¢This is so important! I had my return rejected last year because I forgot to include my daycare provider's tax ID number. Also keep in mind that some smaller home daycares might give you their SSN instead of a business EIN.
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Diez Ellis
Great question about MFS and dependent care benefits! I went through something similar last year. A few key points that might help: First, yes - you can absolutely claim the Child Tax Credit for your 4-year-old even with MFS status. That's $2,000 you shouldn't miss out on. For your FSA contributions, those $4,800 in pre-tax deductions have already given you the tax benefit by reducing your taxable income. However, with MFS status, you're actually limited to only $2,500 in dependent care FSA benefits per year (vs $5,000 for joint filers). So if you contributed $4,800, you may need to pay taxes on the excess $2,300. You'll definitely need to complete Form 2441 to report these benefits properly. The form will show your FSA contributions and ensure you're handling the MFS limitations correctly. One thing I'd strongly recommend - actually run the numbers for both MFS and MFJ scenarios. I know the student loan payments are a major factor, but sometimes the tax savings from filing jointly (especially with multiple kids and childcare expenses) can offset the increase in loan payments. Worth double-checking before you finalize your filing status.
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Cole Roush
ā¢Wait, I'm confused about something you mentioned. If the FSA limit is $2,500 for MFS filers, but they've already deducted $4,800 from paychecks throughout the year, how does that work exactly? Does the employer automatically stop the deductions at $2,500, or could someone actually end up with $2,300 that becomes taxable income? That seems like a huge oversight that could catch people off guard at tax time. Also, is there any way to adjust this mid-year if you realize you're going over the limit, or are you stuck with whatever was deducted?
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