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One thing nobody has mentioned yet is that you need to be careful about wash sales when dealing with capital losses. If you sell an investment at a loss and then buy the same or a "substantially identical" investment within 30 days before or after the sale, it's considered a wash sale and you can't claim the loss on your taxes right away. I learned this the hard way when I thought I had $8k in losses to carry over, but because I had rebought some of the same stocks within the 30-day window, about $3k of my losses were disallowed as wash sales. The loss doesn't disappear forever, but it gets added to the cost basis of the replacement shares, so you don't get the tax benefit until you eventually sell those shares.
How exactly do you track this stuff? Like if I sold some Tesla at a loss in December but then bought some again in January, do I have to manually figure out the wash sale or will my brokerage statement show it? This whole capital loss thing is making my head spin.
Most brokerages will track wash sales for you on your 1099-B forms and year-end tax statements. They'll have a column that shows "Wash Sale Loss Disallowed" or something similar. However, they only track wash sales within the same brokerage account - they won't know if you sold in one account and bought in another, or if your spouse bought the same security in their account. If you're doing your taxes with software like TurboTax or H&R Block, they'll usually flag potential wash sales when you enter your trading information. But it's always good to review your brokerage statements carefully and look for those wash sale notations, especially if you're an active trader or if you're trading the same securities across multiple accounts.
Also, make sure you understand the difference between short-term and long-term capital gains/losses. If you held the investment for less than a year before selling at a loss, it's short-term. More than a year, it's long-term. When you apply carried-over losses, short-term losses first offset short-term gains (taxed at your ordinary income rate), and long-term losses offset long-term gains (taxed at the preferential capital gains rates). Only after you've offset gains of the same type can you apply remaining losses to the other type. This order of operations can make a big difference in your tax bill if you have a mix of short and long-term transactions! Many people miss this nuance.
Great point! I just want to add that this is why tax software can sometimes get this wrong. It gets complicated fast when you have multiple types of gains and losses from different years. My tax guy showed me how one year I had long-term losses but short-term gains the next year, and the software didn't optimize how they offset each other. Had to manually override it which saved me almost $900.
5 To address your question about suing the government - it's extremely unlikely you'd succeed. The Supreme Court has previously ruled (in Flemming v. Nestor, 1960) that Americans don't have a legal right to Social Security benefits. Congress can change the rules at any time. That said, completely eliminating Social Security is politically unfeasible. About 65 million Americans receive benefits, and they vote in high numbers. Any politician suggesting complete elimination without replacement would face enormous backlash.
14 Wait, we don't have a legal right to benefits even though we're forced to pay into the system? That seems completely unfair! How is that constitutional?
5 The court essentially ruled that Social Security is a social program, not a contract, and Congress retains the right to alter, amend, or repeal any provision of the Social Security Act. The case specifically involved a person who was denied benefits after being deported for being a member of the Communist party. While it might seem unfair, the constitutional basis is that Congress has broad powers to tax and spend for the general welfare. The FICA tax is considered a valid exercise of this power, and benefits are authorized spending programs that can be modified. This is different from private contracts or property rights that have stronger constitutional protections.
3 Something important to consider: eliminating Social Security would create a massive surge in poverty among elderly Americans. Before Social Security, about 50% of seniors lived in poverty. Today it's around 9%. For about 40% of elderly Americans, Social Security provides at least 50% of their income. For about 14%, it provides 90% or more of their income. Any complete elimination would need to address this reality or we'd see catastrophic consequences.
One thing to consider with land sales - the property tax assessor is NOT the authority on fair market value for capital gains purposes. I made this mistake and it caused problems. The IRS cares about the actual amount you sold it for (minus selling expenses) compared to your purchase price (plus improvements). If you've owned the land since 2009, make sure you have documentation of the original purchase and any improvements. If you don't have receipts for improvements, the IRS typically won't allow you to add them to your basis.
Thanks, that's really helpful! Actually, my dad has been meticulous about keeping records. He's got the original purchase documents from when he bought it, plus receipts for clearing some areas, putting in a gravel access road, and installing some drainage systems. Would all of those count as improvements to the property?
Yes, all of those would likely qualify as capital improvements that increase your basis! Clearing land, access roads, and drainage systems are classic examples of improvements that add to your cost basis because they're not regular maintenance but actual improvements to the property. Make sure you have those receipts organized and ready to provide if needed. The higher your documented basis, the less capital gain you'll have to report. This is exactly why keeping good records is so important with investment properties.
Just to add - capital gains rates depend on your total income too. If your dad's income is below $44,625 (single) or $89,250 (married) for 2025, the capital gains rate might be 0%! Between that and the next threshold (around $492k single/$553k married) it's 15%. Above that it's 20%. Plus some states add their own capital gains taxes on top of federal.
One important thing nobody's mentioned yet - if you lived in the house with your dad for at least 2 years out of the 5 years before you sell it, you might qualify for the $250,000 capital gains exclusion ($500k if you're married). Even with the step-up basis, this could be super important if the house continues to appreciate after you inherit it.
I actually moved in with him about 18 months ago to help take care of him before he passed. So I wouldn't qualify for that 2-year requirement yet. Do you know if I'd need to live there longer to get that exclusion? Or does the clock reset when I inherited it?
The clock doesn't reset upon inheritance - it's based on your actual residency. So if you've already lived there for 18 months, you'd need to stay another 6 months to hit the 2-year requirement. That could save you a lot if the house appreciates beyond your stepped-up basis. Also keep in mind that you'd need to claim it as your primary residence, not just occasionally staying there. But it sounds like you've already been using it as your main home, so that part should be covered.
Does anyone know how to prove the fair market value at date of death? My sister is in a similar situation and the IRS questioned the appraisal she used. Such a nightmare!
We used a certified appraisal dated within 30 days of my mom's passing. Cost about $500 but worth every penny for documentation. I also kept comps from similar homes that sold in the neighborhood around the same time as backup evidence.
Ryan Young
13 Just FYI - those emails from exchanges are automated and sent to everyone. The exchanges are required to report to the IRS, but that doesn't mean you personally have a filing requirement. In your situation with: 1. No job income 2. Only $1 in crypto with a small loss 3. Being 18 years old You're well below the filing threshold. The IRS doesn't expect you to file a return when you have essentially no income and just a tiny investment loss.
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Ryan Young
ā¢5 If OP did have to file though, would the loss on Bitcoin be deductible against other income? Or do you have to have gains to report crypto stuff?
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Ryan Young
ā¢13 Capital losses (including from crypto) can be deducted against capital gains, and up to $3,000 can be deducted against regular income. In OP's case, the loss is so small (only a few cents) that it wouldn't make a meaningful difference on a tax return. Even if OP had other income that required filing, reporting a 7-cent loss wouldn't result in any tax benefit worth pursuing. If the amount was larger (say, $100+), then it might be worth reporting to offset other income.
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Ryan Young
10 Does anyone know if the rules are different for minors with crypto? I'm wondering because OP is 18 now but might have been 17 when the transaction happened depending on timing.
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Ryan Young
ā¢21 The age doesn't change the tax rules, but if you're claimed as a dependent on your parents' tax return (which many 18-year-olds are), there are different filing thresholds. For dependents with unearned income (which includes crypto gains), you're required to file if that unearned income exceeds $1,150. In OP's case, there was a loss, not a gain, so it doesn't trigger any filing requirement regardless of dependent status.
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