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Ask the community...

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Alicia Stern

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One option you might want to consider is doing a 1031 exchange instead of a regular sale. If you exchange the condo for another rental property, you can defer both the capital gains tax AND the depreciation recapture. The catch is you have to identify a replacement property within 45 days and close within 180 days of selling your condo, plus you must use a qualified intermediary to hold the funds. I did this with a rental house last year and it wasn't nearly as complicated as I feared. Just make sure you're planning to stay in real estate investing long-term, because you're basically kicking the tax can down the road.

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Thanks for the suggestion! I've actually been thinking about getting out of real estate altogether, so a 1031 exchange probably isn't right for me at this point. But I appreciate the idea - if I was looking to stay in the landlord business, that would definitely be something to consider to avoid the recapture hit.

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Has anyone successfully used the installment sale method to spread out depreciation recapture over multiple years? My accountant mentioned this as a possibility but wasn't super clear on how it would actually work in practice.

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Drake

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Yes, an installment sale can help spread out the tax hit. When you sell with owner financing and receive payments over multiple years, you can spread the depreciation recapture tax over the payment period rather than paying it all in year one. However, there's a catch - if the mortgage on your property exceeds your basis, you might face something called "mortgage over basis" that can trigger immediate gain recognition.

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Yuki Tanaka

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One thing to consider - if your 1099 income is inconsistent, don't forget that a SEP IRA could be another option instead of a Solo 401(k). The main benefits being: - Easier to set up (less paperwork) - No year-end filing requirements - More flexibility with contributions - Many brokerages offer them with no setup fees The downside is slightly lower contribution limits than a Solo 401(k). For your income range ($55k-$110k), the max SEP contribution would be around $13,750-$27,500 (based on the 25% limit). Worth considering both options depending on how much administrative work you want to deal with.

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Thanks for bringing up the SEP IRA option. I've heard of those but wasn't sure about the differences. Is there any advantage to the Solo 401k over the SEP IRA if I'm only able to make employer contributions anyway? And do both allow me to wait until tax filing time to actually fund the account?

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Yuki Tanaka

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The main advantage of a Solo 401(k) in your case would be slightly higher contribution limits due to how the 25% is calculated (it's effectively about 20% of gross Schedule C income for a SEP IRA vs. truly 25% of net profit after self-employment tax adjustments for a Solo 401(k)). Both plans allow you to make contributions up until your tax filing deadline, including extensions. So if you file an extension, you could have until October 15, 2026 to make 2025 contributions.

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Carmen Diaz

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Don't forget about setting up a backdoor Roth IRA too if you're looking to maximize retirement savings! Since you're already maxing out your regular 401k employee contributions and looking at employer contributions from your 1099 income, you might as well take advantage of the Roth option too.

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The backdoor Roth is definitely worth considering, but wouldn't that be subject to income limits? If OP has a full-time job plus $55k-$110k in consulting income, they might be over the income threshold anyway.

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Omar Zaki

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22 Have you considered electing S-Corp status for your LLC? That's what I did for my consulting business, and it can provide better tax treatment especially as your income grows. With an S-Corp election, you pay yourself a reasonable salary (W-2) and can take additional distributions that aren't subject to self-employment tax. Just make sure your salary is reasonable for your industry and work performed, or the IRS might question it.

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Omar Zaki

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1 I've heard about the S-Corp option but wasn't sure if it was worth the extra paperwork and compliance requirements. What income level do you think makes the S-Corp election worthwhile? And did you need to hire a specialized accountant to handle it?

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Omar Zaki

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22 Most tax professionals suggest considering S-Corp election when your business profit exceeds about $40,000-$50,000 annually. That's typically where the self-employment tax savings outweigh the additional costs of compliance. I did hire a specialized accountant because the S-Corp has more filing requirements including an annual 1120S corporate return. The costs run me about $1,200 annually for tax preparation, but I save around $4,000 in self-employment taxes, so it's definitely worth it. You'll also need to run regular payroll and maintain more formal business documentation, but the tax savings can be significant once your business is consistently profitable.

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Omar Zaki

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9 Has anyone here used TurboTax Self-Employed for this situation? I'm in the exact same boat with my consulting LLC, and wondering if the software handles this properly or if I need a CPA.

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Omar Zaki

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11 I used TurboTax Self-Employed last year for my single-member LLC with both 1099s and W-2 (I pay myself). It worked well and walked me through reporting the 1099 income on Schedule C, entering business expenses (including my salary to myself), and then separately entering my W-2. Just make sure you enter your salary as a wage expense on Schedule C - this is critical to avoid double taxation.

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Paolo Conti

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Don't forget about the American Opportunity Tax Credit (AOTC) if you're pursuing your undergraduate degree! It's worth up to $2,500, and the best part is that up to $1,000 of it is REFUNDABLE - meaning you can get it back even if you don't owe any taxes. This is separate from the Child Tax Credit. The key with education credits and taxable grants is how you allocate your expenses. You can choose to allocate your Pell Grant to living expenses instead of tuition, which makes it taxable income BUT then lets you claim the AOTC on your tuition expenses. This is often better mathematically!

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Thank you for this info! I'm still confused though about allocation. How do I "choose" where my Pell Grant goes? On paper it went directly to the school first, then they sent me the excess. Can I still allocate it differently on my taxes than how the money actually flowed?

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Paolo Conti

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Yes, you absolutely can allocate differently on your taxes! The IRS gives you the choice of how to allocate your grants for tax purposes, regardless of how the money physically flowed. For example, if you had $5,000 in tuition and $7,000 in Pell Grants, you could choose to allocate $5,000 of your grant to tuition (tax-free) and $2,000 to living expenses (taxable). OR you could allocate all $7,000 to living expenses (making it all taxable), but then claim the AOTC on the full $5,000 tuition amount. The second method often results in a better overall outcome despite creating more taxable income.

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Amina Sow

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Quick tip that saved me huge last year as a single mom with Pell grants - file as Head of Household! The standard deduction is much higher ($20,800 for 2024 tax year) than filing single. Since you're unmarried, pay more than half the cost of keeping up a home, and have a qualifying dependent living with you for more than half the year, you should qualify.

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GalaxyGazer

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Head of Household is a gamechanger for sure! Just be careful with that "paying more than half the cost of keeping up a home" requirement. Do student loans count toward that calculation since technically it's borrowed money? Or just grants?

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One important thing your aunt and uncle should look into is whether they qualify for the "dual-status alien" filing in their first year. This lets them file as nonresidents for part of the year before they got their green cards, and as residents after. Also, they should definitely check if their home country has a tax treaty with the US. Many treaties have "tie-breaker rules" that can determine which country has primary taxing rights when someone has connections to both countries.

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Eli Butler

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Do tie-breaker rules automatically apply or do you have to specifically claim them somehow? And would using them affect their green card status?

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You have to specifically claim treaty benefits by filing Form 8833 (Treaty-Based Return Position Disclosure) with your tax return. It's not automatic - you need to identify which specific treaty provision you're claiming and explain why it applies to your situation. Using tie-breaker rules can potentially affect immigration status long-term. The IRS and USCIS don't directly share this information, but claiming to be a non-resident for tax purposes while holding a green card can raise questions about your intent to permanently reside in the US during future immigration proceedings. It's a bit of a balancing act that should be discussed with both a tax professional and an immigration attorney.

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Has anyone here dealt with form 8840 (Closer Connection Exception Statement)? I heard green card holders can't use it, only visa holders who meet substantial presence but want to claim closer connection to another country. Is that right?

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That's correct. Form 8840 is specifically for non-resident aliens who meet the substantial presence test but wish to claim a closer connection to a foreign country. Green card holders cannot use Form 8840 because they're already considered U.S. tax residents regardless of their physical presence. The only way for green card holders to be treated as non-residents for tax purposes is through an applicable tax treaty using Form 8833, or if they've formally abandoned their permanent resident status.

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