


Ask the community...
one other thing to consider is the state tax implications. Some states hav different rules for investment property losses than the federal government. I had a similar situation in California and was able to deduct the loss federally but not on my state return because they had different standards for what constituted an investment property vs personal residence. might want to check your state rules too.
This is a really good point. New York (assuming that's where OP's property was since they mentioned NYC) sometimes has different rules. I sold a property in NYC last year and had to navigate this exact issue. You should definitely consult with someone familiar with NY state tax law.
Based on everything discussed here, it sounds like you have a strong case for treating this as an investment property loss. The key factors working in your favor are: 1) Clear establishment of a new primary residence when you moved to the suburbs, 2) Zero personal use of the downtown condo after moving out, 3) Documentation showing investment intent (the staging contract prohibiting personal use is particularly compelling), and 4) The 15-month holding period demonstrating you were waiting for market conditions to improve. For reporting, you'll use Form 8949 and Schedule D to claim this as a long-term capital loss. The $95,000+ loss is substantial and can offset other capital gains or up to $3,000 of ordinary income annually (with carryforward for the remainder). Don't forget that your selling expenses and some of the carrying costs during that 15-month period may also be deductible. I'd recommend keeping detailed records of everything - the staging contract, utility bills showing minimal usage, communications with your realtor about market timing, and any other evidence that supports your investment intent. This documentation will be crucial if the IRS questions the classification. Given the complexity and the large loss amount, it might also be worth having a tax professional review your specific situation to ensure everything is reported correctly.
This is really comprehensive advice! I'm new to dealing with investment property losses, but I have a related question - what happens if you can't use all of the capital loss in one year? You mentioned carryforward, but is there a limit to how many years you can carry it forward? With a loss this large ($95,000+), it seems like it would take quite a while to use it all up at $3,000 per year against ordinary income.
Has anyone successfully claimed property that was already "in process" by someone else? I'm dealing with a similar situation with my grandmother's unclaimed insurance policy, and the state says someone else initiated a claim 3 months ago, but they won't tell me who.
Yes! This happened with my mother-in-law's unclaimed property. We discovered someone had initiated a claim 2 years prior but never completed it. We submitted our claim with ALL possible documentation (death certificate, birth certificates showing relationship, marriage certificate, her will naming my husband as executor, etc.). After about 3 months, we got a letter saying our claim was approved because the other claim had been abandoned. Apparently they give the original claimant a timeline to provide documentation, and if they don't follow through, they move on to the next valid claim.
I'm dealing with something very similar right now. My dad passed away 2 years ago and I just discovered there's unclaimed property from his old job showing as "in process" when I tried to claim it. Like you, I'm the only heir (my mom predeceased him) and I definitely haven't filed anything before. What's really frustrating is that the state website gives you almost no information about what "in process" actually means or how long it's been that way. I called the unclaimed property office twice and got two different answers - one person said it could mean someone started a claim but didn't finish it, another said it might just be their internal processing status. I ended up submitting my claim anyway with all my documentation (death certificate, birth certificate, his will, etc.) and included a cover letter explaining that I'm the sole legal heir and asking them to contact me if there are any issues with conflicting claims. Haven't heard back yet, but I figure it's better to get my claim in the system rather than wait and potentially miss out. Have you checked if there might be other relatives who could have a claim? Even distant ones sometimes come out of the woodwork when there's money involved, unfortunately.
Just be careful about taking distributions without paying yourself a reasonable salary first. The IRS really scrutinizes this with S Corps since it's a common area of abuse. If they determine your salary is unreasonably low, they can reclassify all those distributions as salary retroactively and hit you with back taxes and penalties.
Exactly right. I learned this the hard way. My friend had an S Corp for his consulting business and tried to pay himself just $30k salary while taking $100k in distributions. Got audited and the IRS reclassified most of his distributions as wages, resulting in about $15k in back taxes, penalties and interest. Not worth the risk!
I was in a very similar situation when I started my consulting practice! One thing that really helped me was understanding that the "reasonable salary" doesn't have to be perfect from day one - you can adjust it as you learn more about your business. Since you're already bringing in consistent $8k/month from consulting, I'd suggest starting with around $4,500-5,000 monthly salary (which aligns with what others have suggested) and then taking distributions for the remainder as needed for your living expenses. The key is being able to justify your salary if questioned. Document comparable salaries for consultants in your field and location - sites like Glassdoor, PayScale, or even job postings can help establish what someone with your skills would earn as an employee. Also, don't let the money just sit there stressing you out! You can absolutely start paying yourself through a payroll service like Gusto while you wait for your CPA to have more availability. Just keep good records and be prepared to adjust if they recommend something different later.
This is really solid advice! I'm also just starting out with consulting and the documentation piece is something I hadn't thought about. Do you recommend keeping a formal file with all the salary research, or is it enough to just bookmark some job postings and salary surveys? Also, how often should someone review and potentially adjust their S Corp salary - quarterly, annually, or only if business income changes significantly?
Don't forget to check if your state has also assessed late filing penalties! I went through this exact thing last year, got the federal penalty abated through reasonable cause, and then two months later got hit with state penalties for the same late filing. Had to go through the whole process again with the state tax agency.
This is super important! Same thing happened to me but with New York state. They're actually much harder to deal with than the IRS in my experience. The good news is that if you get the federal penalty abated, you can usually use that as evidence for your state appeal.
Just wanted to share that I went through something very similar with my partnership return last year. We had delayed 1099s from a major client who completely messed up their year-end reporting, and I ended up with a $1,800 penalty for filing 6 weeks late. I wrote my own reasonable cause letter and it worked! The key things I included were: 1) A clear timeline showing when we should have received the 1099s vs when we actually got them, 2) Documentation (emails) showing we had requested the forms multiple times, 3) Proof that we filed immediately upon receiving the missing documents, and 4) Our clean compliance history for previous years. I addressed the letter to the correspondence address on the penalty notice, included all our partnership details, and sent it certified mail. It took about 8 weeks, but they fully abated the penalty. The IRS agent I eventually spoke with said that third-party document delays are actually one of the most common and accepted reasonable cause situations. Don't let the CPAs scare you into thinking this is too complicated to handle yourself - if you can clearly explain what happened and provide some basic documentation, you have a really good shot at getting this resolved without paying professional fees that exceed the penalty amount.
This is really encouraging to hear! I'm dealing with almost the exact same situation. One quick question - when you say you provided "documentation (emails)" showing you requested the forms multiple times, did you include the actual email threads or just summarize what happened in your letter? I have several emails with our client asking about the delayed 1099s, but I wasn't sure if including all of them would make my submission too bulky or if the IRS would actually want to see the specifics.
Paolo Moretti
Has anyone actually transferred from a Coverdell to a 529? I'm wondering about the practicalities. Do you just call your 529 provider and tell them you want to do a rollover? Does the Coverdell administrator handle it? I'm confused about the actual process.
0 coins
Amina Diop
β’I did it last year. The process varies by institution, but I had to: 1) Open a 529 account first (if you don't already have one) 2) Contact the Coverdell administrator and request a "direct rollover to a 529 plan" 3) Fill out their rollover form which required the 529 account info 4) They sent the check directly to the 529 plan (not to me) 5) Had to note it was a Coverdell rollover on my taxes, but no tax was due The whole thing took about 3 weeks to complete. Make sure you never take possession of the money yourself or it could be considered a distribution!
0 coins
Paolo Moretti
β’Thank you so much for sharing your experience! That's exactly what I needed to know. I was worried I might accidentally trigger taxes if I did it wrong. I'll make sure to follow those steps so the money goes directly from one plan to the other.
0 coins
Ryan Andre
One important consideration that hasn't been mentioned yet is the impact of Required Minimum Distributions (RMDs) on inherited accounts. If you pass away before the funds are used, Coverdell ESAs have stricter rules - the beneficiary must use the funds by age 30 or face penalties. With 529 plans, there's more flexibility for inheritance planning since there's no age limit. Also, many states offer additional tax benefits for 529 contributions that don't apply to Coverdell ESAs. Since you mentioned your daughter starts college in 3 years, you might want to calculate whether any state tax deductions for future 529 contributions would outweigh keeping the current setup. The certificate renewal timing actually gives you a good opportunity to reassess. If you're not planning to make additional contributions beyond the $2,000 annual Coverdell limit, and your state offers 529 tax benefits, the rollover might make sense. But if the investment options in your current Coverdell are performing well and you like the flexibility, staying put could be fine too.
0 coins
Fatima Al-Qasimi
β’This is really helpful information about the inheritance aspects! I hadn't even thought about what happens if something happens to me before my daughter uses the money. The age 30 rule for Coverdell accounts is definitely something to consider from an estate planning perspective. Do you know if there are any differences in how these accounts are treated for financial aid purposes? I'm starting to worry about FAFSA implications since she'll be applying for college soon. I've heard conflicting information about whether parent-owned 529s vs Coverdell ESAs are treated differently when calculating expected family contribution.
0 coins