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Just so you know, paper filing can take 6+ months to process this year. I paper filed last year thinking the delay would be nice since I owed money, but it actually came back to bite me when I needed proof of filing for a mortgage application. The lender wouldn't accept my copy without IRS confirmation that it was received and processing. Just something to consider.
You can request a tax transcript though right? Even if they haven't fully processed it?
Unfortunately, the transcript isn't available until they've processed your return, which is exactly the problem. You can get transcripts from previous years, but not for a return that's still sitting in their paper backlog. My mortgage lender ended up needing additional documentation and it delayed my closing by almost a month. Just wanted to mention it in case you might need proof of filing for anything important this year.
Don't forget to make copies of EVERYTHING before you mail it! I paper filed as a self-employed person last year and the IRS somehow lost my Schedule C. They sent me a letter saying I had unreported income from my 1099 forms. Took months to resolve because I had to mail in copies and wait for them to reprocess. Learn from my mistake!
I'm a real estate investor with 7 properties and want to add another perspective. There are some scenarios where you might consider not taking maximum depreciation, though they're rare: 1. If you're already showing a loss on the property and are limited by passive activity loss limitations (and don't qualify as a real estate professional), additional depreciation might not help you this year anyway 2. If you're in a very low tax bracket now but expect to be in a much higher bracket in future years, the benefit of the deduction might be greater later (though as others mentioned, you're technically required to take it) 3. If you're doing a 1031 exchange and plan to keep exchanging properties until death, the depreciation recapture can be continuously deferred But for most typical investors, maxing out legitimate depreciation deductions and investing the tax savings is absolutely the optimal strategy. Just make sure you're documenting everything properly in case of an audit.
What about component depreciation or cost segregation studies? I've heard those can front-load even more depreciation. Are those worth doing for a small investor with just 1-2 properties, or are they only worthwhile for larger portfolios?
Cost segregation studies absolutely can be worth it even for small investors with 1-2 properties, especially for properties with higher improvement values (like $300K+ in building value). These studies typically identify 20-30% of a building's components that can be depreciated over 5, 7, or 15 years instead of 27.5 years. The sweet spot is usually properties purchased in the last 1-3 years with significant improvement value. The studies themselves typically cost $3,000-$7,000 depending on property size and complexity, but can generate tax savings of $15,000-$50,000 in the first year for many properties. Just make sure you work with a reputable firm that has experience defending their studies in IRS audits if needed.
Quick question - if I sell a rental property at a loss (selling price less than my original purchase price), do I still have to pay the depreciation recapture tax? The market in my area has dropped and I might need to sell my rental for about 25k less than I paid for it.
Yes, you still have to pay depreciation recapture even if you sell at an overall loss. The IRS treats the depreciation recapture as a separate calculation from your capital gain/loss. So you could have a capital loss on the sale but still owe depreciation recapture tax on all the depreciation you claimed (or should have claimed) during ownership. It's one of the nastier surprises in real estate taxation.
Don't forget the other option - you can visit your local IRS Taxpayer Assistance Center in person! You need to schedule an appointment first (call 844-545-5640), but I've found it WAY easier to get through on that appointment line than the general IRS number. When I had a missing W-2 issue two years ago, I got an appointment within a week. Brought my last paystub, explained the situation, and they helped me fill out the 4852 right there. The agent even called my employer while I was sitting there!
That's a great suggestion! Is there anything specific I would need to bring to the appointment besides my last paystub? Would I need to bring a partially completed 4852 form too?
Definitely bring your ID, Social Security card, last paystub, and any communication you've had with your employer about the missing W-2. It's helpful to bring a partially completed Form 4852 too, but not required - they can help you fill it out from scratch if needed. Also bring your previous year's tax return if you have it, as this helps them verify your identity. And if you've already started working on this year's return, bring that draft too. The more documentation you have, the smoother the appointment will go!
Has anyone had issues after filing with Form 4852? I'm in the same boat (can't reach IRS, employer ghosting me on W-2) but worried about potential audits or delays in processing my return.
Important tip from my experience with CP2000 notices: make copies of EVERYTHING you send to the IRS. I made the mistake of sending original documents and the IRS claimed they never received them. Send your response via certified mail so you have proof of delivery. For the wash sale issue specifically, create a chronological spreadsheet of all your trades for each security. It makes it much easier for the IRS to follow your calculations when they can see the complete trading pattern. I color-coded mine to highlight the wash sales, which the IRS agent later told me was extremely helpful.
Do you think it's better to mail the response or use the online response option mentioned in some CP2000 notices? I'm worried about documents getting lost in the mail but also wonder if the online system properly handles all the attachments I need to send.
I'd recommend using both methods if possible. The online response system is convenient, but in my experience, it has limitations with the number and size of attachments you can upload. What I did was submit the basic response online and noted that additional supporting documentation was being sent by certified mail. When you mail physical documents, always use certified mail with return receipt requested. This gives you proof that they received your package and when. For online submissions, take screenshots of your confirmation page and save any confirmation emails or numbers they provide.
Has anyone dealt with a CP2000 related to a brokerage transfer where there were BOTH wash sales AND $0 cost basis issues? My situation is complicated because I had legitimate wash sales that I should have reported, but also have transfer issues causing incorrect reporting. Should I address these as separate issues in my response or combine them?
I recommend addressing them as separate issues in your response for clarity. First, explain the brokerage transfer and provide documentation showing the correct cost basis for those securities. Then separately address the wash sale transactions, acknowledging those were legitimate but explaining how they affected your overall gains/losses.
Omar Fawaz
Just to add some additional clarity on the original question - there's another situation that occasionally happens with stock options that wasn't mentioned above. Some companies allow for "early exercise" of unvested options. If your company offers this and you choose to do an early exercise, then yes, there would be tax reporting even though the options haven't vested yet. For NSOs, you'd have the spread (if any) reported on your W2. For ISOs, you might need to track AMT adjustments. Also, don't forget to file an 83(b) election within 30 days if you early exercise! This is super important for tax purposes.
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Natasha Kuznetsova
ā¢Thanks for bringing this up! My company actually did mention "early exercise" as an option but I didn't really understand what it meant or why I would do it. Is there any advantage to exercising early before the options vest? And what exactly is an 83(b) election?
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Omar Fawaz
ā¢The main advantage of early exercise is potential tax savings. When you exercise options, you're taxed on the difference between the exercise price and the fair market value at the time of exercise. By exercising early when the company valuation is still low, that difference might be small or even zero, minimizing your tax hit. An 83(b) election is a form you file with the IRS within 30 days of exercising unvested options. It tells the IRS you want to be taxed on the shares at the time of exercise rather than when they vest later. This is crucial because without it, you'd be taxed again at each vesting date based on the potentially higher fair market value at that time. The 83(b) essentially locks in your tax obligation at the lower early value. It's especially valuable for startup employees who expect the company's value to increase significantly over time.
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Chloe Anderson
One thing nobody mentioned yet - if your company is private, make sure you understand the 409A valuation process! This determines the "fair market value" used for tax calculations. I got burned last year because I didn't realize our 409A had increased significantly before I exercised my NSOs. Also, keep really good records of everything - grant dates, vesting dates, exercise dates, FMV at each point, etc. If you ever get audited, you'll need to prove all these details.
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Diego Vargas
ā¢Do you know if there's any specific form or documentation we should ask the company for regarding the 409A valuation? My startup is pretty disorganized with this stuff.
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