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Ask the community...

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Avery Saint

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One thing nobody's mentioned yet - there are different rules if your annual business income is over $27 million (average of last 3 years). If you're over that threshold, you're considered a "tax shelter" and subject to different bonus depreciation rules. Also, the bonus depreciation rules are different depending on when you placed the properties in service. The 2017 tax reform made big changes: - 100% for property placed in service after 9/27/2017 through 2022 - 80% for 2023 - 60% for 2024 - 40% for 2025 - 20% for 2026 - 0% after 2026 Make sure your CPA considers these phase-out periods!

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Taylor Chen

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Lol I wish I had the problem of $27 million in annual income from my STRs! But seriously, do you know if there's any minimum property value where cost segregation makes sense? I've got a small cabin I rent out that's only worth about $175k total.

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Avery Saint

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The general rule of thumb is that cost segregation starts to make financial sense when the property value is $500k or higher, but it depends on several factors. For your $175k cabin, the study itself might cost between $3k-$5k, so you'd need to weigh that against the potential tax savings. However, if you purchased the cabin recently and could do a simplified cost segregation (like with one of the AI tools mentioned above), the economics might work out even at that lower value. Look at your cabin's components - if you have a lot of specialized systems (hot tub, custom lighting, high-end appliances, extensive landscaping), you might have more segregation opportunities than a basic property. You also need to consider your tax bracket - the higher your rate, the more valuable the accelerated deductions.

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Be careful with DIY cost segregation! I tried to do my own for my rental last year based on some percentages I found online, and ended up getting audited. The IRS wanted to see a formal engineering report to back up my allocations. If you're going to do this, either use one of the specialized services mentioned or get a real cost segregation study from a qualified firm. The few thousand you'll spend on proper documentation is worth it compared to dealing with an audit and potential penalties.

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Zainab Omar

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I'm curious about this too! Also, what kind of documentation did they specifically ask for during the audit? I'm planning to do cost segregation on a few properties I built myself and want to make sure I have everything properly documented upfront. Did you end up having to pay penalties or just back taxes?

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Zara Shah

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@Keith Davidson I m'really sorry to hear about your audit situation - that sounds stressful! This is exactly the kind of scenario I m'trying to avoid. Could you share what specific red flags might have triggered the audit? Was it the amounts you claimed, the way you allocated the depreciation, or something else? Also, for those of us considering cost segregation, what would you recommend as the minimum documentation to have in place before filing? I d'rather spend a bit more upfront on proper documentation than deal with audit headaches later.

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Norah Quay

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One thing nobody mentioned yet: Form 1139! Instead of filing an amended return (1120X), C corporations can file Form 1139 "Corporation Application for Tentative Refund" for capital loss carrybacks. The BIG advantage is that the IRS processes these much faster - you can get your refund in 90 days instead of waiting 6+ months for an amended return to process. BUT - and this is crucial - Form 1139 must be filed within 12 months of the end of the tax year in which the loss occurred. For a 2022 loss, if your tax year ended December 31, 2022, you would have had to file Form 1139 by December 31, 2023. If you missed that window, then you're back to the amended return route.

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Leo McDonald

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Are you sure about using Form 1139 for capital loss carrybacks? I thought that was only for NOL (Net Operating Loss) carrybacks and not specifically for capital losses under USC 1212. I don't want the OP to file the wrong form and further complicate things.

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You're absolutely right to question this! Form 1139 is indeed primarily for NOL carrybacks, not capital loss carrybacks under USC 1212. For capital loss carrybacks, corporations need to file Form 1120X (amended return) - there isn't a "quick refund" option like Form 1139 provides for NOLs. The 12-month deadline Norah mentioned would apply to NOL situations, but for capital loss carrybacks, you have the standard 3-year period from the filing date to amend the return. Given that Micah is dealing with a 2022 capital loss to carry back to 2021, the amended return route (1120X) is the correct approach here. Thanks for catching that - filing the wrong form would definitely create more complications and delays!

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Just wanted to add a crucial timing consideration that could save you significant money: Since you're dealing with substantial penalties and interest that continue to accrue, I'd strongly recommend filing your Form 1120X as soon as possible - don't wait until closer to the October 2025 deadline. Even though you have until then to file the amended return, every month you delay means more penalties and interest accumulating on that $170,000 balance. Once you file the 1120X claiming the capital loss carryback, the IRS will stop the penalty clock on any tax liability that gets eliminated by the carryback. Also, make sure to include a detailed statement with your amended return explaining the capital loss carryback calculation and referencing the specific losses from your 2022 return. This helps the IRS processor understand exactly what you're doing and can prevent delays or requests for additional documentation. Given the complexity and dollar amounts involved, this definitely seems like a situation where professional help would be worthwhile to ensure everything is done correctly the first time.

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This is excellent advice about not waiting! I'm actually in a similar situation with capital losses from 2023 that I want to carry back to 2021. One question - when you mention including a "detailed statement" with the 1120X, is there a specific format the IRS prefers for this explanation? I want to make sure I provide exactly what they need to process it smoothly without any back-and-forth requests for clarification. Also, has anyone had experience with how long the IRS actually takes to process these capital loss carryback amendments in practice? I know they say it can take 6+ months, but I'm wondering if the reality is longer given current processing delays.

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Miguel Diaz

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One important thing nobody's mentioned yet - if you use the physical presence test, you need to file Form 2555 with your tax return. Make sure you fill out Part III (Physical Presence Test) completely, not Part II (Bona Fide Residence Test). Also, remember that the FEIE only applies to earned income (salary, wages, self-employment), not investment income. And the max exclusion for 2022 was $112,000, but it's prorated if your qualifying period doesn't cover the whole year.

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Zainab Ahmed

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Does rental income from US property count as earned income for the FEIE? I have a house I'm renting out back in the states while I'm living abroad.

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No, rental income from US property would not qualify for the Foreign Earned Income Exclusion. Rental income is considered passive income, not earned income, so it doesn't meet the requirements for FEIE regardless of where you're living when you receive it. You'll still need to report that rental income on your US tax return and pay taxes on it normally. The FEIE only applies to compensation for personal services - things like salary, wages, professional fees, or business income from active participation in a trade or business.

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Paolo Ricci

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For your 2022 situation, the physical presence test is definitely your best option since you moved abroad mid-year. You'll need to count 330 full days in any 12-month period - I'd suggest using March 3, 2022 to March 2, 2023 as your qualifying period. A few key things to watch out for: travel days to/from the US don't count as full days abroad (you need to be outside the US for the entire 24-hour period), but partial days at the beginning/end of your qualifying period can count if you were already abroad or stayed abroad. Since you mentioned taking vacations and visiting the US twice, make sure to carefully count those US days. Even if you went over the 35-day limit for US presence, you can still qualify as long as you have 330 full days outside the US within your chosen 12-month period. For 2022, your exclusion will be prorated based on how many days of your qualifying period fall within the tax year. So if your qualifying period is March 3, 2022 - March 2, 2023, you'd get about 304 days worth of the $112,000 exclusion for 2022 (roughly $93,400 max exclusion). Document everything well - keep all travel records, passport stamps, and proof of your Netherlands residence!

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RaΓΊl Mora

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This is exactly what I needed to hear! The prorated calculation makes so much sense now - I was getting confused trying to figure out if I could claim the full $112,000 or not. Your March 3, 2022 to March 2, 2023 suggestion is perfect since that's exactly when I moved. Quick question about the travel days - when you say travel days to/from the US don't count, does that mean if I flew out of Amsterdam on a Friday morning and landed in New York Friday evening, that Friday wouldn't count toward my 330 days? Even though I was physically outside the US for part of that day?

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I went through this exact situation with my amended return last year! The key thing to understand is that there's no separate "amended return transcript" - everything shows up on your regular Account Transcript on the IRS website. You'll want to log into irs.gov, go to "Get Transcript Online" and pull your Account Transcript for the tax year you amended (so if you amended your 2022 return, look at the 2022 Account Transcript). Look for transaction code TC 971 which means they received your amended return, and TC 977 which means it's been processed. The "Where's My Amended Return" tool is honestly pretty useless - it rarely updates and gives minimal info. Unfortunately, the processing times right now are brutal - despite the official 16-week timeline, most people are waiting 6-8 months or even longer. I know it's incredibly frustrating, especially when you're anxious about the status, but at least checking the Account Transcript will give you a clearer picture of where things actually stand in the process.

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Amara Adebayo

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This is such a helpful breakdown, thank you! I'm dealing with the same situation and had no idea about the difference between Account Transcript vs Return Transcript. Just checked mine and found the TC 971 code from June but no TC 977 yet - at least now I know what to look for instead of just refreshing that useless "Where's My Amended Return" page every day. The 6-8 month wait time is honestly shocking though, especially when TurboTax made it seem like it would be much faster. Really glad I found this thread because the IRS website explanations are so confusing!

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I'm dealing with a very similar situation right now! Filed my amended return through TurboTax in April and have been going crazy trying to track the status. After reading through all these responses, I finally understand that I need to check my Account Transcript on the IRS website instead of relying on that useless "Where's My Amended Return" tool. Just logged in and found the TC 971 code showing they received it, but no TC 977 yet which means it's still processing. The 6-8 month timeline everyone is mentioning is absolutely insane - I had no idea it would take this long when I filed! TurboTax definitely doesn't prepare you for the reality of amended return processing times. Thanks to everyone who explained the transaction codes - this has been way more helpful than anything I could find on the official IRS site. Guess I'll just have to be patient and keep checking that Account Transcript every few weeks. Never using TurboTax for amendments again though!

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Don't forget to keep detailed records of everything. As a contractor myself, I learned the hard way that it's not just about whether something is deductible, but being able to prove it if you're audited. For books and educational materials: 1. Save the receipts 2. Write the business purpose on the receipt (like "reference material for electrical work") 3. If it's a digital purchase, save the email confirmation 4. Take a photo of physical books with their covers visible as additional documentation It's also smart to have a separate credit card just for business expenses to keep everything clean and separate.

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Thanks for this advice! Do you think it's better to use a dedicated business credit card for all these purchases or is it okay to use a personal card and just keep the receipts marked as business expenses?

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Definitely get a dedicated business credit card if possible. It makes everything so much cleaner for record-keeping and shows a clear separation between personal and business expenses, which the IRS likes to see. If you need to use a personal card occasionally, that's fine as long as you keep detailed records, but try to minimize mixing personal and business expenses. It makes tax time much easier and provides better protection if you're ever audited. The separate card statements also give you another layer of documentation beyond just the receipts.

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Emma Anderson

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I'm surprised nobody mentioned the home office deduction! If you're reading these books and doing paperwork in a dedicated home office space, you might be able to deduct a portion of your rent/mortgage, utilities, internet, etc. Just make sure the space is used EXCLUSIVELY for business.

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The home office deduction scares me - I've always heard it's a red flag for audits. Is that still true or is that old advice?

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Jamal Harris

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That's actually outdated advice! The home office deduction isn't really an audit red flag anymore, especially with the simplified method the IRS introduced. You can deduct $5 per square foot up to 300 square feet (max $1,500) without having to track actual expenses. The key is just making sure the space is used exclusively for business - even if it's just a corner of a room with a desk where you do all your contracting paperwork, estimates, and business reading. Just document it well and you should be fine. As a contractor, having a dedicated space for business administration is pretty normal and expected.

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