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Does anyone know if Schedule E passive losses are subject to the SALT cap limitation of $10,000? My tax guy says no because they're "below the line" deductions not itemized deductions, but I'm not 100% convinced.
Your tax guy is correct. The SALT (State And Local Tax) cap of $10,000 only applies to itemized deductions reported on Schedule A. Rental losses on Schedule E are business losses, not itemized deductions. They're reported as income (negative income in this case) and aren't subject to the SALT limitation. That's actually one advantage of rental property ownership - the property taxes on rentals bypass the SALT cap because they're business expenses.
Great question about Schedule E passive losses! I went through something similar last year with my rental property. One thing I'd suggest is double-checking that your preparer properly classified all your expenses. That $14,500 loss you mentioned - make sure the roof repair was correctly categorized. If it's truly a repair (fixing existing damage), it's fully deductible in the current year. But if it's considered an improvement (like upgrading to a better roof system), it might need to be capitalized and depreciated over time, which would reduce your current year loss. Also, since you're handling the property management yourself, make sure you're documenting your active participation hours. The IRS can be picky about this during audits. Keep records of time spent on tenant communications, property inspections, repair coordination, etc. With your AGI around $95,000, you should definitely qualify for the full $25,000 special allowance, so those losses should flow directly to your 1040 and offset your ordinary income. Just verify that your preparer didn't accidentally trigger any Form 8582 (Passive Activity Loss Limitations) requirements.
This is really helpful advice about documenting active participation! I never thought about keeping detailed records of time spent on property management activities. Regarding the roof repair classification - that's a great point. The $8,200 was specifically to replace damaged shingles and repair some structural damage from a storm, so it sounds like it should be treated as a repair rather than an improvement. But I should probably double-check with my preparer to make sure they categorized it correctly. Do you know if there's a specific threshold or test the IRS uses to distinguish between repairs and improvements? I want to make sure I'm not missing anything that could trigger an audit issue down the road.
Don't forget about state taxes too! Everyone's talking about IRS, but most states also require back tax filing and have their own statutes of limitations. I got caught up on federal but ignored state, and ended up with a nasty surprise from my state tax agency even after the IRS was satisfied.
Good point! Does each state have different rules for how far back you need to file?
I went through this exact same situation a couple years ago - the anxiety is real but you're doing the right thing by facing it! Here's what I learned from my experience: The IRS typically wants you to file the last 6 years to be considered "compliant," but like others mentioned, prioritize the last 3 years first if you think you're owed refunds. I discovered I was leaving over $4,000 on the table from 2020-2022 that I almost lost to the 3-year deadline. One thing that really helped me was requesting my "wage and income transcripts" from the IRS for each year I missed. This shows you exactly what income was reported to them (W-2s, 1099s, etc.) so you know what they already know about. It helped me realize I was missing some 1099s I had forgotten about. For someone with mainly W-2 income like you described, the returns should be pretty straightforward. I used TurboTax for prior years and it walked me through everything. The penalties weren't as scary as I thought they'd be, especially for years where I was due refunds. Start with 2021-2023, get those refunds secured, then work backward. You've got this!
This is such helpful advice! I'm in a similar boat and wondering - how long did it take you to get those wage and income transcripts from the IRS? I've been dreading calling them because I've heard horror stories about wait times. Also, did you end up filing all 6 years or just the 3 most recent ones after you got your refunds? I'm trying to figure out if it's worth the stress to go back the full 6 years if the older ones might not have much impact.
One thing that might be helpful for your comic book situation specifically - make sure you understand the difference between "key issues" and regular comics when it comes to tax planning. Key issues (first appearances, major storylines, etc.) tend to have much more volatile price swings and better documented market values, which can make the tax implications more significant. Since you mentioned you just bought some vintage comics, if any of them happen to be key issues, you might want to consider getting them professionally graded sooner rather than later. Not only does this typically increase their value and make them easier to sell, but it also gives you clear documentation of condition and authenticity that the IRS appreciates when reviewing collectible transactions. Also, comic values can be quite seasonal - prices often spike around major movie releases or convention seasons. If you do decide to sell, timing it around these market peaks while also considering your overall tax bracket for the year could help optimize your after-tax returns. The vintage comic market has been really strong over the past few years, so you picked a good time to get involved. Just make sure to treat it seriously from a record-keeping perspective right from the start - it's much easier to maintain good documentation as you go rather than trying to reconstruct everything later!
This is really valuable advice about key issues versus regular comics! I hadn't thought about how the volatility and documentation differences would affect the tax side of things. Since I'm just starting out, most of what I bought are probably more on the regular comic side, but I did pick up what I think might be a key issue from the early Spider-Man run. Your point about getting them graded sooner rather than later makes a lot of sense from both a value and documentation perspective. I was thinking about waiting to see how the market goes, but having that professional assessment locked in early could definitely help with establishing a clear basis and condition record for tax purposes. The seasonal timing aspect is fascinating too - I never considered how movie releases and convention cycles might create optimal selling windows that I could potentially align with my overall tax planning. As someone completely new to this, it's helpful to think about collectibles as requiring the same kind of strategic approach as other investments rather than just buying and selling whenever I feel like it. Thanks for the encouragement about getting into the market at a good time! I'm definitely committed to keeping meticulous records from day one after reading through all these experiences.
Welcome to the collectibles tax world! As someone who's been dealing with this for a few years now, I can confirm that your understanding is absolutely correct. The collectible capital gains rate is indeed your ordinary income tax rate, but it's capped at 28%. So if you're in the 12% bracket, you pay 12% on collectible gains. If you're in the 32% bracket, you only pay the maximum 28%. Since you mentioned vintage comic books specifically, here are a few practical tips that have helped me: 1. **Start your record-keeping now** - Document everything: purchase price, condition when bought, any grading/authentication fees, shipping costs, even sales tax. All of these can be included in your cost basis. 2. **Take photos immediately** when you buy comics, especially if purchasing at conventions or local shops where documentation might be informal. This helps establish condition at time of purchase. 3. **Consider professional grading** for any potentially valuable issues. CGC or CBCS grading fees can be added to your basis, and graded comics have much clearer market values for tax purposes. 4. **Think about timing** - Since collectible gains count as ordinary income, selling in a year when your other income is lower could save you money on taxes. The comic market has been really strong lately, so you picked a great time to get involved! Just remember that if you sell within a year of purchase, you lose the 28% cap protection and pay your full ordinary income rate on any gains. Good luck with your collecting journey!
I know this is slightly off topic, but which medical studies are paying so well? I've only been finding ones that pay like $50-100 for a day of testing, and you made $5,800? Are you doing pharmaceutical trials or something more involved?
Not OP but I've done several clinical trials for new medications. The longer studies with overnight stays can pay really well - I did one that was 3 overnight stays and numerous follow-up visits that paid $4,200. The compensation usually relates to the level of risk and time commitment.
I'm a tax professional and can confirm that your medical study income on 1099-MISC forms absolutely qualifies as earned income for Roth IRA contributions. The IRS considers compensation for your time, participation, and following study protocols as "payment for services rendered," which falls squarely under the earned income definition. The key test is whether you're being paid for your active participation versus just receiving reimbursement for expenses. Since you're undergoing tests, taking medications, attending appointments, and following specific protocols, you're clearly providing services that warrant compensation. A few important points to remember: - This income is subject to self-employment tax (15.3%), so plan accordingly - You'll need to file Schedule C to report this business income - Keep records of any unreimbursed expenses related to your participation (travel, parking, etc.) as these may be deductible - The $6,500 Roth IRA contribution limit for 2024 still applies regardless of your total earned income Your $5,800 from medical studies gives you plenty of room to make a substantial Roth contribution this year. Just make sure to set aside funds for the additional taxes you'll owe on this self-employment income.
This is really helpful confirmation from a professional perspective! I'm curious about the Schedule C requirement - since this isn't really a "business" in the traditional sense, do I still need to treat it like one? And for the business description on Schedule C, would I just put something like "Medical research participant" or is there a more official category the IRS expects? Also, when you mention keeping records of unreimbursed expenses, does that include things like time off work to attend appointments, or just direct out-of-pocket costs like transportation and parking?
Malia Ponder
I'm confused by FreeTaxUSA's handling of this. When I tried to create a superseding return, the software only gave me the amended return option. Does anyone know if FreeTaxUSA actually supports filing superseding returns properly? Or do I need to manually handle this somehow?
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Kyle Wallace
ā¢I used FreeTaxUSA last year for a similar situation. The software itself doesn't have a specific "superseding return" option. What I had to do was prepare a completely new return through FreeTaxUSA, print it out, manually check the "amended" box, and write "SUPERSEDING RETURN" at the top in big letters. Then I had to mail it in rather than e-file.
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Esteban Tate
Thanks for asking this question! I was in a similar boat last month and learned the hard way that there's a big difference. Just to add to what others have said - timing is really crucial here. Since you're still before April 15, you have the choice between superseding (complete replacement) or amending (correction to original). One thing I wish someone had told me: if your changes are significant (like major income additions or big deduction changes), superseding is usually the better route because it treats your situation as if you filed correctly the first time. But if it's just minor corrections, an amendment might be simpler. Also, keep in mind that if you go the superseding route, you'll need to paper file since most tax software doesn't handle the specific markings required for superseding returns. The IRS needs to see "SUPERSEDING RETURN" clearly marked at the top of a new 1040, not a 1040-X form. Have you determined what kind of changes you need to make? That might help decide which path is better for your situation.
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Oliver Alexander
ā¢This is really helpful, thank you! I'm dealing with a similar situation where I missed reporting some freelance income (about $3,000 worth of 1099-NEC forms). Based on what you and others have said, it sounds like this would be considered a "significant" change that would benefit from the superseding route rather than just amending. I'm using TurboTax though, not FreeTaxUSA. Does anyone know if TurboTax has the same limitations with superseding returns? It sounds like I might need to prepare the return in the software but then print and mail it with the proper markings rather than e-filing. Also, @Esteban Tate, when you say "treats your situation as if you filed correctly the first time" - does that mean there's less chance of triggering an audit compared to filing an amendment that shows you initially under-reported income?
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