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Ask the community...

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Margot Quinn

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Something nobody's mentioned yet - you need to contact the seller ASAP! In my experience with a similar situation, getting the seller to file their US tax return properly was the fastest solution. If the seller can prove they had little or no gain on the sale (or even a loss), their actual tax liability could be MUCH lower than the 15% withholding amount. They can file Form 1040-NR to report the sale, pay any actual tax due, and get a refund for the difference. This becomes their problem too because the IRS will eventually come after them separately for the same transaction if nobody handles the withholding. Most foreign sellers will cooperate once they understand the situation because they want to avoid problems with the IRS too.

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Evelyn Kim

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This worked for me! My foreign seller had actually lost money on the property when all improvements and original purchase price were considered. They filed their US tax return showing a loss, and their actual tax liability was zero. The IRS then released me from the withholding obligation since the seller had satisfied their tax requirements.

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Dana Doyle

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This is exactly why I always recommend buyers get a pre-closing checklist that specifically includes FIRPTA verification when dealing with ANY seller - you never know someone's citizenship status just by looking at them or their name. For your immediate situation, I'd suggest a three-pronged approach: 1. **Document the title company's failure**: Gather all your closing documents and highlight anywhere the seller's foreign status should have been obvious (foreign address, non-US phone number, etc.). This creates your paper trail for potential E&O claims. 2. **Contact the seller immediately**: As others mentioned, if they file Form 1040-NR showing their actual gain/loss, it could significantly reduce or eliminate the tax liability. Many foreign sellers don't realize they need to file US returns for property sales. 3. **File Form 8288-C for withholding credit**: Even though you missed the 8288-B deadline, you can still file 8288-C to claim credit for any withholding that should have been done at closing. This essentially tells the IRS "we're handling this now" and can pause collection activities. The $42K bill is scary, but remember - this is often the maximum theoretical liability. The actual amount due depends on the seller's real gain, which could be much less. Don't panic and don't ignore it, but know that there are multiple paths to resolution here.

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Luca Conti

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This is really comprehensive advice! I'm definitely going to start with documenting everything from the closing. Looking back at my paperwork, I can see the seller provided a Canadian address and even mentioned they were moving back to Toronto after the sale, but somehow this didn't trigger any FIRPTA discussion. One question about Form 8288-C - can I file this myself or do I need a tax professional? The IRS forms and instructions are pretty confusing, and I'm worried about making things worse by filing something incorrectly. Also, when you say it can "pause collection activities," does that mean they'll stop adding penalties and interest while I'm working on this? I'm also wondering if there's a specific timeframe I should give the seller to respond before moving forward with the title company claim. I don't want to seem like I'm threatening them, but I also can't afford to wait months while this accumulates more penalties.

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Don't forget that if you CAN claim your parents, look into claiming the Credit for Other Dependents which is worth up to $500 per dependent. Not as much as the child tax credit but still something!

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Ev Luca

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Free money! But wait if your parents are over 65 isn't there another credit too? Or am I confusing this with something else?

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Isaac Wright

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Just want to emphasize the importance of keeping detailed records if you do decide to claim your parents as dependents. The IRS may ask for proof of support, so document everything - bank transfers, receipts for groceries you buy them, medical bills you pay, etc. I learned this the hard way when I was audited a few years ago for claiming my elderly father. Even though I was legitimately providing over 60% of his support, I had to scramble to gather evidence because I hadn't kept organized records. Now I keep a simple spreadsheet tracking all support payments throughout the year, including dates, amounts, and what the money was for. Makes tax time much less stressful! Also remember that "support" includes their housing costs even if they own their home - property taxes, utilities, maintenance, etc. all count toward their total support needs when you're calculating that 50% threshold.

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This is such great advice about keeping records! I'm just starting to help support my parents financially and hadn't even thought about documenting everything. Do you recommend any particular apps or tools for tracking this, or is a simple spreadsheet really the best way? Also, when you mention housing costs for parents who own their home - does that include things like homeowners insurance and HOA fees too?

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Am I eligible for the refundable portion of AOTC? Confused about how to calculate "support"

Hey everyone, Really hoping someone can help me figure this out! Here's my situation: - My parents are alive but didn't help with any of my living expenses in 2023 - Nobody claimed me as a dependent on their tax returns - My income for 2023 was around $27,500 I'm trying to figure out if I qualify for the refundable portion of the American Opportunity Tax Credit (AOTC). I understand I need my income to be >= (0.5 * support). With my income of $27,500, I need my "support" to be <= $55,000. I'm totally confused about calculating my "support" though. I looked at the IRS worksheet but it's making my head spin. My situation throughout 2023: - Spring semester (Jan-May): My university covered all room & board through scholarships (shows on my 2022 1098-T). All my tuition/qualified educational expenses were paid by the university. - Summer (Jun-Aug): I paid rent and food myself - Fall semester (Sep-Dec): University paid all room & board again (board shows on 2023 1098-T, but room scholarship doesn't show anywhere). My tuition was partly covered by scholarships on my 1098-T and I paid the rest. What I'm confused about - does my "support" calculation include: 1. Room & board from spring/fall even though university scholarships covered it? 2. Spring tuition expenses covered completely by scholarships? 3. Fall tuition covered partially by scholarships? Example: If fall tuition was $32,000 but $29,000 was paid by university scholarships, do I count $32,000 or just the $3,000 I paid toward my "support" calculation? The lower my "support" value, the better chance I have of qualifying for the refundable portion of AOTC. Any help would be so appreciated!

Chloe Green

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Did anyone address whether books and supplies count in the support calculation? I spent about $1,200 on textbooks last year and another $600 on a required laptop. Do these count toward my total "support" figure?

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Lucas Adams

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Yes, books, supplies, and required equipment for education absolutely count as part of your total support! Anything that contributes to your living and educational needs is included in the support calculation. Just remember that for the AOTC itself (separate from the support test for the refundable portion), books and supplies count as qualified education expenses only if they're required for enrollment and purchased from the institution. If you buy them elsewhere, they still count in your support calculation but not necessarily as qualified expenses for the credit.

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Diego Chavez

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Just wanted to chime in with some clarification since I see there's been some confusion in the thread about the support test calculation. The key thing to remember is that for the refundable portion of AOTC, "support" means the TOTAL amount it cost to support you during the tax year, regardless of who actually paid for it. This includes: - Full tuition costs (even scholarship-covered portions) - Full room and board costs (even if paid by grants) - Books, supplies, and required equipment - Personal expenses like clothing, transportation, medical costs - Any other living expenses So in your example, Elijah, if your fall tuition was $32,000 but scholarships covered $29,000, you include the full $32,000 in your support calculation, not just the $3,000 you paid. The IRS looks at it this way: What was the total dollar amount needed to support you? Then, did you provide at least half of that support through your own earned income? Given your income of $27,500, your total support would need to be $55,000 or less for you to qualify. With university costs these days, that might be challenging, but you'll need to add up all your actual expenses to see where you stand. Hope this helps clarify things!

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Nia Jackson

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This is really helpful, thanks Diego! I'm in a similar situation as the original poster and was getting confused by all the different terminology around "support." One follow-up question - when calculating personal expenses like clothing, transportation, and medical costs, do I need to keep detailed records of every single expense? Or is there some kind of standard amount the IRS expects for these categories? I'm worried about having to track every grocery receipt and gas station visit if I get audited. Also, does anyone know if summer expenses count differently since that's when most students aren't enrolled? I worked full-time over the summer and paid all my own living costs during those months.

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This is a really helpful thread! Just wanted to add one more thing that might be useful - make sure your son and his girlfriend both keep good records of which expenses they're paying for each child. Things like medical bills, daycare costs, school supplies, etc. If they're each claiming one child, the IRS could potentially ask for proof that they're actually providing more than half the support for their respective claimed child. Also, they should probably sit down together and formally decide who claims which child going forward, rather than just assuming. Having it in writing (even just a simple agreement between them) can help avoid confusion later and shows they're being intentional about following the rules rather than just randomly splitting the kids.

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Andre Dupont

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This is excellent advice! I'm dealing with something similar and keeping detailed records has been a lifesaver. One thing I learned the hard way is to save receipts for everything - even small things like school lunch money or clothes shopping. The IRS doesn't mess around when it comes to the "support test" for dependents. Having that written agreement is smart too. My sister and her ex didn't do this and ended up in a messy situation when he suddenly tried to claim both kids one year. A simple document stating who claims which child can prevent so many headaches down the road.

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This is such a practical question that comes up a lot! Just want to emphasize something that others touched on - the "residency test" is really crucial here. Each parent needs to make sure the child they're claiming actually lived with them for more than half the year (more than 183 days). Since they're doing 50/50 custody, they'll need to be really careful about tracking this. Even a few extra days can make the difference in who's eligible to claim which child. I'd suggest they keep a shared calendar or app where they track exactly which nights each child stays at each house - not just for tax purposes, but it's also great for co-parenting coordination. One more tip: if either parent is eligible for the Earned Income Tax Credit (EITC), that can be a significant benefit too. The amount varies based on income and number of qualifying children, so they might want to run some scenarios to see how different arrangements could affect their overall tax situation.

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This is really helpful information! The 183-day rule seems like it could get tricky with true 50/50 custody. What happens if they each have exactly 182.5 days? And does it matter if one child spends more time at dad's house while the other spends more time at mom's house, or do they need to track it separately for each kid? I'm asking for my own situation too since I'm in a similar co-parenting arrangement and want to make sure we're doing everything by the book.

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Ava Johnson

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Has anyone here actually gone through the process of acquiring one of these GSA lighthouses? The application requirements seem intense, and I'm wondering how competitive the process is. Are there usually multiple nonprofits applying for each lighthouse?

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Miguel Diaz

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My historical society acquired a lighthouse through this program in 2019. Yes, the process is extremely competitive and document-heavy. Our lighthouse had 3 other nonprofit applicants, and we spent nearly a year preparing our application and preservation plan.

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Ava Johnson

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Thanks for sharing your experience! A year of preparation sounds intense. Was it worth it in the end? And how much did you end up spending on renovations/maintenance after acquiring it?

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One thing to keep in mind with the GSA lighthouse program is that you'll need to demonstrate significant financial capacity upfront. These properties often require substantial immediate repairs - we're talking potentially $100K+ just to make them safe and weather-tight before you can even think about B&B operations. The GSA will want to see your nonprofit has either cash reserves or committed funding sources for initial restoration work. If you're planning to rely on rental income from the for-profit business to fund maintenance, you'll need a very detailed financial projection showing how you'll handle the gap between acquisition and when rental income begins. Also worth noting - lighthouse properties are typically quite remote with limited utilities infrastructure. Factor in costs for upgrading electrical, plumbing, and septic systems to handle B&B operations. These expenses need to be part of your nonprofit's budget since the property will be owned by the 501(c)(3). The good news is that successfully operating lighthouses as B&Bs can be quite profitable given their unique appeal, but the upfront investment is substantial and the nonprofit needs to be financially prepared for that reality.

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Fiona Sand

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This is really helpful context about the financial realities! I'm curious - for those upfront restoration costs, would it be acceptable for the for-profit entity to provide loans or grants to the nonprofit for initial repairs? Or would that create additional self-dealing concerns with the IRS? It seems like a catch-22 where the nonprofit needs significant capital to make the property viable, but the rental income that could provide that capital comes from the very arrangement that requires the property to be operational first.

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