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One thing nobody's mentioned yet - make sure you're actually charging significantly below FMV if you're treating this as a "not for profit" rental. IRS might question if you're only $50-100 below market rates. In my experience, they generally look for rentals that are at least 20% below market to qualify for the "not for profit" classification. If you're too close to market rates, they might consider it a regular rental activity where different rules apply. Also, keep good records of comparable rentals in your area to support your FMV determination in case of questions.
Is there an actual percentage cutoff in the tax code? I've always heard different numbers - some say 10% below market, others say 30%. I'm renting to my son at about 15% below market and reporting it as a normal rental with all deductions. Should I be worried?
There's no specific percentage cutoff written in the tax code. The IRS evaluates this on a case-by-case basis. From what I've seen in practice and from discussions with tax professionals, anything less than 20% below market might be questioned, but it really depends on your specific situation and documentation. At 15% below market, you're in a bit of a gray area. If you're treating it as a normal rental and taking all deductions including potential losses, you might want to increase your documentation of why that rate is reasonable - perhaps there are conditions or limitations that justify the slightly lower rate beyond just the family relationship.
I just want to clarify one thing that might be confusing people. Even if you can't deduct losses from a below-FMV rental, you can still potentially deduct expenses that OFFSET the rental income you receive (up to that amount). So if you collect $11,400 in rent annually, you can deduct up to $11,400 in eligible expenses (in that specific order others mentioned - mortgage interest, property taxes, then insurance, etc). This might mean you have zero taxable rental income after deductions, but you can't create a rental loss to offset other income.
So does that mean if my expenses are higher than the rent collected, I'm better off just treating it as a personal residence I'm sharing rather than a rental? I'm charging my parents $700/month for a place that would normally go for $1200.
That's a really good question, Andre! If your expenses significantly exceed the rent you're collecting, you might actually be in a tricky spot tax-wise. With a not-for-profit rental, you can only deduct up to the rental income received - so if you're collecting $8,400/year ($700x12) but have $15,000+ in mortgage interest, taxes, insurance, etc., you can only deduct $8,400 worth of those expenses. However, you can't just "not report" rental income to avoid this limitation. If you're receiving regular payments from your parents for housing, the IRS would likely consider that rental income regardless of how you classify it personally. You might want to consider whether the rental rate truly reflects the "not for profit" classification, or if you should adjust the arrangement. Some people in similar situations charge a higher "market-based" rent but then gift money back to family members (within annual gift limits) to help with their finances. This can sometimes provide better tax treatment, but you'd want to run the numbers and possibly consult a tax pro for your specific situation.
For Pennsylvania residents filing 2020 Form 1040 with payment, the correct address is indeed the Cincinnati service center that Javier mentioned. However, I'd strongly recommend double-checking this on the current IRS website since mailing addresses can occasionally change. One thing I haven't seen mentioned yet - since you're filing so late, you might want to consider requesting penalty relief if you have reasonable cause. The IRS can waive failure-to-file and failure-to-pay penalties (though not interest) in certain circumstances like serious illness, natural disasters, or other situations beyond your control. You'd need to include Form 843 (Claim for Refund and Request for Abatement) with your return if you want to request this. Also, make sure you're using the 2020 version of Form 1040 and its instructions, not the current year's form. You can download it from the IRS website under "Prior Year Products." The tax law and forms do change from year to year, so using the correct year's forms is important. Definitely use certified mail with return receipt requested so you have proof of mailing and delivery!
This is really helpful advice about Form 843 for penalty relief! I had no idea that was even an option. Quick question - if I'm filing this late because I was dealing with a serious medical issue in 2020-2021, what kind of documentation would I need to include with Form 843? Like medical records or just a doctor's note? I'm worried about sending too much personal health information through the mail.
For medical situations, you typically don't need to send detailed medical records - a letter from your doctor or medical professional explaining that you had a serious illness during the relevant time period that prevented you from meeting your tax obligations is usually sufficient. The letter should include: - The approximate dates you were affected - A general description that the condition prevented you from handling tax matters (without going into specific medical details) - The doctor's contact information and signature You can also include a brief personal statement explaining how the medical issue specifically prevented you from filing on time. The IRS understands privacy concerns, so they don't expect you to divulge your complete medical history - just enough documentation to show reasonable cause. Keep copies of everything you send, and consider sending the Form 843 request separately from your tax return if you're concerned about processing delays. That way your return can be processed while they review your penalty abatement request separately.
Just to add another perspective - if you're really concerned about your late 2020 return getting lost in the mail or taking forever to process, you might want to consider hiring a tax professional to help you navigate this situation. Many CPAs and enrolled agents have direct lines to IRS practitioner hotlines that can be much more efficient than trying to get through as an individual taxpayer. A tax pro can also help you calculate the exact penalties and interest you'll owe, determine if you qualify for any penalty relief, and ensure your return is prepared correctly to avoid any processing delays or audit flags. Yes, it costs money, but if you're dealing with a complex situation or significant tax liability, the peace of mind and potential savings from their expertise often outweigh the fees. Also, for future reference - the IRS offers payment plans if you can't pay your full tax liability at once. Even for late returns, you can set up an installment agreement either online or by including Form 9465 with your return. This can help manage the financial impact of those accumulated penalties and interest.
This is excellent advice about getting professional help! I'm in a similar situation with multiple late returns (2020 and 2021) and was feeling completely overwhelmed trying to figure out penalties, interest calculations, and whether I qualify for any relief programs. The practitioner hotline access is something I hadn't considered - it makes sense that tax professionals would have better ways to get through to the IRS than regular taxpayers calling the main number. At this point, paying for professional help might actually save me money in the long run if they can help me avoid mistakes or find deductions I'm missing. Do you happen to know if CPAs typically charge extra for dealing with late/prior year returns, or is it usually just their standard preparation fee? I'm trying to budget for this properly since I'm already facing penalties and interest on top of what I originally owed.
That pre-filing freeze from February is a red flag - it usually means the IRS had your SSN flagged in their system before you even submitted your 2023 return. This could be due to identity verification issues, prior year problems, or suspected fraud activity on your account. The codes 971/977 from June likely represent IRS-initiated adjustments rather than something you filed. When the IRS finds discrepancies during processing, they sometimes code it as an "amended return" even though it's their internal correction. Your cycle 1305 puts you in a later processing batch, but with that 810 freeze active, cycle timing becomes irrelevant until it's resolved. The sequence numbers indicate your case is in manual review. I'd strongly recommend: 1. Call the IRS directly at 1-800-829-1040 to ask about the February freeze 2. Request all notices sent to your address - you may have missed something 3. Consider contacting Taxpayer Advocate Service if you've been waiting over 21 days past your cycle date Don't expect movement until that 810 code is cleared. The amendment processing will add 16+ weeks once the freeze is lifted.
This is really helpful info! I'm new to understanding these transcript codes but this makes sense. The pre-filing freeze is definitely concerning - I wonder if it could be related to last year's return or maybe someone tried to file using my info? I haven't received any notices in the mail which is weird. Definitely going to call that taxpayer advocate number you mentioned. Thanks for breaking this down so clearly! @92434574153c
The February freeze date is definitely the key issue here - that's what's holding everything up. When you see an 810 code dated before your filing date, it usually means the IRS had a systematic flag on your account, possibly from identity theft, prior year issues, or income reporting discrepancies they detected through third-party matching. Those 971/977 codes from June are likely IRS-generated adjustments, not something you filed. They often code their internal corrections as "amended returns" even when the taxpayer didn't submit anything. A few things to check: - Log into your IRS online account to see if there are any notices posted there - Call 1-800-829-1040 and ask specifically about the February 8th freeze code - Check if someone may have attempted to file a return using your SSN early in the year The cycle 1305 timing becomes irrelevant with that active freeze. Until the 810 is resolved, your refund stays frozen regardless of processing cycles. Once lifted, you're still looking at additional weeks for the amendment processing. This situation definitely warrants a call to Taxpayer Advocate Service (1-877-777-4778) since you've been impacted for months without clear communication from the IRS.
Has anyone dealt with the tax consequences if the IRS accepts the revocation? I'm thinking about revoking my S-Corp too, but I'm worried about how to handle things like the built-in gains tax or other penalties.
If you're revoking within the same tax year and haven't filed any returns as an S-Corp, there's typically minimal tax impact. The big issues come if you've been an S-Corp for years and have accumulated earnings or appreciated assets. In your case, there's likely no built-in gains tax if you're still in your first year and haven't done anything operationally as an S-Corp yet.
I've been through this exact scenario with a client earlier this year. The timing is actually in your favor since you're still within the same tax year. Here's what worked for us: We submitted Form 8832 with a detailed letter explaining that the S-Corp election was made in error and requesting to revert to disregarded entity status. The key was emphasizing that no S-Corp tax returns had been filed and no payroll had been processed under the election. The IRS approved our request within about 6 weeks. What really helped was including a copy of the original S-Corp election acceptance letter and clearly stating that we wanted the entity treated "as if the S-Corp election had never been made." For New Jersey, you'll definitely want to contact them separately. NJ doesn't automatically follow federal changes, so you may need to file additional paperwork there. Honestly, if your client is having serious doubts this early, it's probably worth pursuing the revocation rather than being stuck with an unwanted election for 5 years. The administrative burden of S-Corp compliance isn't worth it if it doesn't fit their business model.
Gabriel Freeman
Is anyone else confused about whether closing costs affect the calculation? I sold my house and paid like $25k in realtor fees, title insurance, etc. Can I subtract those from my sale price before figuring out my gain?
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Laura Lopez
β’Yes! Selling expenses like real estate commissions, title insurance, legal fees, and administrative costs can all be subtracted from your sale price when calculating your gain. This effectively lowers your capital gain and is definitely worth tracking.
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Carmen Diaz
Great question about the home improvements! I went through something similar when I sold my primary residence. You absolutely want to add those improvement costs to your basis - they can significantly reduce your capital gain. For the improvements you mentioned (roof and kitchen renovation totaling $42,000), those definitely qualify as capital improvements that increase your basis. Even if you don't have every single receipt, the IRS allows reasonable estimates for legitimate improvements. I'd suggest gathering whatever documentation you do have and making conservative estimates for anything missing. With your numbers: $425K sale price minus selling costs, minus your original $298K purchase price, minus $42K in improvements - you're likely looking at a gain well under the $250K exclusion (or $500K if married filing jointly). One tip: don't forget to include any selling expenses (realtor commissions, title fees, etc.) as they reduce your taxable gain too. TurboTax should handle the forms correctly, but definitely confirm you're reporting it as your primary residence sale to trigger the exclusion properly.
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