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Has anyone actually dealt with form 8965 recently? I thought this was phased out years ago when the individual mandate penalty went to zero. My tax software didn't even include this form when I filed my 2022 taxes.
Form 8965 was used for tax years 2014 through 2018 to claim exemptions from the individual health insurance mandate. After the Tax Cuts and Jobs Act reduced the federal penalty to $0 starting in 2019, the form became obsolete for federal taxes. However, as others have mentioned, states like California, Massachusetts, New Jersey, Rhode Island, and DC have their own individual mandates with penalties. If OP lives in one of these states, they might need to deal with state-specific health insurance reporting requirements, though the specific forms would be different from the federal Form 8965.
Thanks for explaining! That makes sense why my software didn't include it. Sounds like the IRS computer systems might be triggering an outdated notice or possibly this is for a state requirement. Either way, proving coverage should resolve it.
I had this exact same issue with my 2022 return! The IRS system automatically flagged my return because there was a mismatch between what they expected to see for health coverage reporting and what was actually filed. Here's what worked for me: First, gather all your health insurance documentation - insurance cards, EOB statements, premium payment records, anything that shows continuous coverage through 2022. Then write a clear letter explaining that you maintained qualifying health coverage through your employer for the entire tax year. The key is to be very specific in your response. Include your SSN, the notice number, and tax year at the top of your letter. State clearly: "I maintained qualifying health insurance coverage through my employer [Company Name] for the entire 2022 tax year and respectfully request removal of the individual shared responsibility penalty." Make copies of everything before you send it, and use certified mail to the address on the notice. I got my penalty reversed within about 6 weeks. The IRS computers sometimes miss the electronic reporting from employers or insurance companies, but once a human reviews your documentation, it gets sorted out pretty quickly. Don't stress too much - this is more common than you'd think, especially when employer reporting systems have glitches!
One thing to consider is that MTM doesn't just eliminate long-term capital gains treatment - it also affects wash sale rules. With MTM, wash sale restrictions don't apply to you anymore, which can be a huge advantage for active traders who frequently trade the same securities. Last year, I had significant losses that were disallowed due to wash sales. If I had MTM status, I could have claimed all those losses immediately. Just something else to factor into your decision.
That's a great point about wash sales! How difficult was the process of establishing trader status with the IRS? Did you have any issues proving you met the requirements?
As someone who went through the MTM election process last year, I want to emphasize how important it is to get professional guidance on this decision. The tax implications are complex and can significantly impact your overall tax liability. One critical point that hasn't been fully addressed - if you're considering MTM for 2025, you need to make that election by the due date of your 2024 tax return (including extensions). You can't just decide mid-year in 2025 that you want MTM treatment. Also, regarding your NVDA shares - the previous comment about them being "marked to market" at year-end 2024 is correct. Any unrealized gains on December 31, 2024 would be treated as if you sold and repurchased them on January 1, 2025. This is called the "deemed sale" rule. For your specific situation with substantial NVDA gains, I'd strongly recommend running the numbers both ways - selling in 2024 to lock in long-term capital gains treatment versus keeping them and having them converted to ordinary income under MTM. The difference in tax rates (0%, 15%, or 20% for long-term capital gains versus up to 37% for ordinary income) could be substantial depending on your income level. The entity structure option (LLC/S-Corp) is possible but adds complexity and costs. You'd need to ensure proper business purpose and substance, maintain separate books and records, and the entity would need to qualify for trader status independently.
This is really helpful information, especially about the election deadline. I'm new to understanding trader tax elections and wasn't aware that the MTM election for 2025 needs to be made by the 2024 tax return due date. One question - you mentioned running the numbers both ways for the NVDA shares. Is there a general rule of thumb for when MTM makes sense versus sticking with capital gains treatment? I'm trying to understand at what point the benefits of avoiding wash sale rules and unlimited loss deductions outweigh losing the preferential long-term capital gains rates. Also, regarding the entity structure complexity you mentioned - what kind of ongoing costs should someone expect if they go the LLC route for separating trading activities?
Don't forget about IRS Publication 551 which specifically covers "Basis of Assets" - it has examples for different scenarios. The most important thing to remember is that distributions from rental activities typically aren't affecting your basis the way you might think. For regular rental income: 1. Rental income doesn't reduce your basis 2. Rental expenses don't increase your basis (except capital improvements) 3. Depreciation DOES reduce your basis 4. Money you take out of the rental business doesn't affect basis This is different from partnership distributions where distributions can reduce your basis. Are you operating this as a sole proprietor or through an entity? That makes a big difference in how basis is calculated and tracked.
But what if you refinance the property and take cash out? Does that reduce your basis? I did that last year and my tax guy mentioned something about it potentially being tax-free but tracking for later...
Refinancing and taking cash out generally doesn't reduce your basis. This is often considered a loan, not income. The cash you receive isn't taxable when you get it, and it doesn't reduce your basis. However, your tax guy is right about tracking it. While the cash-out itself doesn't affect basis, it can create a situation where you have "negative equity" if you owe more than your adjusted basis. This can become important when you sell the property later, as it might limit your ability to defer taxes through a 1031 exchange or could trigger debt forgiveness income in certain situations.
I'm actually dealing with this right now for a property I sold last year. One tip nobody mentioned yet: KEEP EVERY RECEIPT for improvements! I mean everything. New roof? Keep it. New appliances? Keep it. Even small stuff like cabinet hardware adds up. When I sold my rental last year, I was able to add almost $67k to my basis from improvements I made over 8 years. That significantly reduced my capital gains tax. I used a simple Google Sheet to track: - Original purchase price - Plus: Improvements (itemized by date) - Minus: Depreciation taken each year - Equals: Adjusted basis at time of sale The IRS allows you to include closing costs in your basis too! Don't forget those.
How far back can you go for improvements? I have a rental I've owned for 15 years and I'm sure I'm missing receipts from the early years. Also did you have to submit all those receipts with your tax return or just keep them in case of audit?
You can go back as far as you've owned the property for improvements - there's no time limit. The IRS expects you to have records, but they understand that older receipts might be missing. If you're missing some from the early years, try to reconstruct what you can using: - Bank statements showing payments to contractors - Credit card statements for materials - Photos with timestamps showing before/after improvements - Permits pulled (city records often go back decades) - Insurance claims that might have covered improvements You don't submit the receipts with your return - just keep them for your records. The IRS only sees them if you get audited. But definitely document everything you can find, even estimates are better than nothing. I had a few improvements where I could only estimate costs based on similar work done later, and my accountant said that was acceptable as long as the estimates were reasonable.
Does anybody know if the IRS charges interest when they owe YOU money? Like if they're taking forever to process a refund or in this case where they discovered they owe more. Seems only fair since they charge US interest when we owe THEM...
Yes! The IRS actually does pay interest on delayed refunds if they take longer than 45 days after the filing deadline to issue your refund. The interest rate changes quarterly - I think it's around 7% right now. And yes, ironically, that interest is taxable income the following year lol.
This is actually more common than you'd think! The IRS has gotten much better at automatically catching missed credits and deductions in recent years. With married filing jointly and kids as dependents, my first guess would be that you either missed or miscalculated the Child Tax Credit, Additional Child Tax Credit, or potentially the Earned Income Credit if your income falls within the qualifying range. The fact that they're processing an 8x larger refund suggests it's probably one of the major credits rather than just a simple math error. Don't panic - if the IRS is giving you more money, they've already done the math and verified it on their end. I'd definitely wait for that explanation letter before calling. It will break down exactly what they adjusted and why. Once you have that letter, you can compare it line-by-line with your original return to understand what happened. If everything checks out (which it probably will), then you can breathe easy knowing you legitimately qualified for more money than you originally claimed. The only thing I'd be cautious about is making sure you don't spend the money immediately just in case there's some kind of error that needs to be corrected later, but honestly, IRS adjustments in the taxpayer's favor are usually pretty solid.
Carmen Reyes
I hope someone can clarify a side question about taxes - if my single-member LLC has a brokerage account and earns dividends or capital gains, do I need to make quarterly estimated tax payments? Or can I just settle up at tax time?
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Luca Bianchi
ā¢Yes, you should generally make quarterly estimated tax payments if you expect to owe $1,000 or more in taxes from your LLC income (including investment income from the brokerage account). Since a single-member LLC is a pass-through entity, all that investment income flows to your personal tax return. If those dividends and capital gains are substantial, you'll want to make quarterly payments to avoid an underpayment penalty. The safe harbor is generally paying either 90% of current year tax or 100% of prior year tax (110% if your AGI was over $150,000).
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Tyler Murphy
Just want to add my experience here - I had the exact same confusion when setting up my LLC brokerage account last year. The key thing that helped me understand was realizing that "owner EIN" vs "LLC EIN" is really about tax filing context, not about which number to use for account setup. For your brokerage account, you definitely want to use the LLC's EIN that you already obtained from the IRS. That's the correct identifier for your business entity. The confusion about "owner's EIN" typically comes up in tax discussions where the IRS is explaining that single-member LLCs report income on the owner's personal return rather than filing a separate business return. One tip: when you're filling out the brokerage application, make sure to select "LLC" as your entity type rather than "Individual" - this will help ensure they process everything correctly with your LLC EIN. I initially started filling it out as an individual account and ran into issues until I switched to the business account option. Also keep your EIN confirmation letter handy - most brokerages will ask for it during the verification process along with your Operating Agreement.
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Jordan Walker
ā¢This is really helpful advice! I'm just getting started with my single-member LLC and haven't opened a brokerage account yet, but this thread has been incredibly informative. The distinction between entity selection and tax treatment makes so much more sense now. Quick question - when you mention selecting "LLC" as the entity type, did you have to provide any additional documentation beyond the EIN letter and Operating Agreement? I'm wondering if there are any other forms or certificates I should prepare in advance. Also, did your brokerage require you to have a separate business bank account before opening the investment account, or could you set up the brokerage account first?
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