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Since you're not planning to rent it out, have you considered a 1031 exchange? It lets you defer capital gains taxes if you're buying another investment property. But there are strict timelines - you need to identify the new property within 45 days and complete the purchase within 180 days.
A 1031 exchange won't work for them since they're using the property as their primary residence, not as an investment property. 1031 exchanges are only for investment or business properties, not personal residences. They'd be better off focusing on qualifying for the primary residence exclusion ($500k for married couples) if possible, or documenting improvements to increase their basis.
Just wanted to add a practical tip that saved me thousands when I sold my gifted property last year - make sure you get a proper appraisal done before you sell, not just a CMA (Comparative Market Analysis) from a realtor. The IRS may challenge your sale price if it seems too low compared to fair market value, especially with gifted properties since they're more scrutinized. I paid $500 for a certified appraisal and it gave me solid documentation that my sale price was legitimate. Also, regarding your question about using only part of the proceeds - this is actually a smart move in many cases. If you can get a mortgage rate that's lower than what you could earn investing the rest of the money, it makes financial sense. Plus, mortgage interest is tax-deductible while investment gains from the proceeds would be taxed as capital gains. One more thing - start gathering documentation NOW about what your brother originally paid for the house and any improvements he made. The longer you wait, the harder it becomes to track down those records, and that's money you could be leaving on the table.
This is really helpful advice! I'm curious about the appraisal timing though - should they get the appraisal done right before listing, or is it better to get it done now while they're still planning? Also, you mentioned the IRS might challenge a sale price that seems too low - but what about if it sells for more than the appraisal? Would that create any issues, or is that just a good problem to have from a tax perspective?
Great question about timing! I'd recommend getting the appraisal done closer to when you're ready to list - maybe 30-60 days before. Property values can fluctuate, and you want the appraisal date to be as close as possible to your actual sale date for IRS purposes. If it sells for more than the appraisal, that's generally not a problem - it actually helps establish that you got fair market value. The IRS is more concerned about sales that seem suspiciously low (like selling to a family member for below market rate). A higher sale price just means more capital gains to report, but it validates that the transaction was legitimate. One thing I learned - make sure your appraiser knows this is for a gifted property sale. They can include specific language in the report that helps support your tax position. The $500 I spent on the appraisal probably saved me from hours of headaches if the IRS had questioned my sale price later.
mine was stuck on processing for 4 months then randomly showed up in my account one day lol just hang in there
Looking at your transcript, that negative balance of -$9,621 means you're getting a refund! The codes show: 150 means your return was filed, 766 is additional child tax credit ($4,129), and 768 is earned income credit ($8,830). That weird number 30221-423-74330-5 is just an internal IRS processing code. The April dates (04-16-2025) are when those credits will be released - that's your expected refund date. Your cycle code 20250505 means it's being processed in the 5th week of 2025. Everything looks normal, just gotta wait for that April date! š°
Theyre not gonna call u back in 30 days lol. But the good news is that usually means theyre about to release it anyway
praying ur right š
Had the exact same thing happen to me last month! My 810 got removed and they gave me the whole "higher ups will call in 30 days" speech. Didn't get a call but my refund hit my account on day 18. Just keep checking your transcript for movement - once that 810 is gone you're basically in the clear. Hang in there!
Have you received any mail from the IRS yet? The 971 code means they sent something, and knowing what that notice says would help figure out your next steps.
I went through something very similar last year! Had the 570 code on 3/18 and 971 code on 3/25, and my WMR changed from PATH to processing around the same time as yours. The waiting was terrible, especially when you're dealing with major life changes like divorce - I totally understand needing that refund ASAP. In my case, I received the notice about 5 days after the 971 date, and it was just a CP12 explaining they corrected a small math error on my return. My refund was deposited exactly 8 days after WMR changed to processing. The key thing that helped my anxiety was realizing that if it was anything serious (like an audit), there would be different codes on the transcript. These codes are actually pretty routine and usually just mean they're double-checking something before releasing your refund. Hang in there!
Gabriel Freeman
Just an FYI - I think the threshold for reporting is actually still $20,000 AND 200 transactions for 2023 taxes (filing in 2024). The $600 threshold was supposed to start in 2022 but got delayed.
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Laura Lopez
ā¢That's incorrect. The American Rescue Plan Act lowered the threshold to $600 for 2023 transactions (filed in 2024). The delay only applied to 2022 transactions. Make sure you're looking at updated info!
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Emma Taylor
I went through this exact same panic last year! The key thing that helped me was realizing that even if you do get a 1099-K form, it doesn't automatically mean you owe taxes on that amount. The form is just reporting gross payment volume - it's basically saying "this person received X dollars through our platform" without any context about whether it was income or not. If all your Venmo transactions were truly personal (roommate paying you back for rent, friends reimbursing you for concert tickets you bought for the group, etc.), then you had $0 in actual taxable income from the app, regardless of what any 1099-K might say. You'd just need to be able to explain that if questioned. The IRS isn't going to waste resources auditing people over legitimate personal transfers. They're looking for people who are actually earning unreported business income through these platforms. Keep your Venmo descriptions clear (like "utilities reimbursement" or "dinner split") and you'll be fine.
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