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Have you considered just selling the property and putting the money in a 529 plan? If you've owned the rental for years, you might have significant appreciation that would be taxed if sold normally, but using a portion for qualified education expenses might offset some of that tax hit. The 1031 route seems unnecessarily complicated if your main goal is just paying for college.
Thanks for suggesting the 529 plan option. My concern with selling outright is the capital gains tax - we've owned the property for about 12 years and it's appreciated significantly. I was under the impression that if I used a 1031 exchange, I could defer those taxes indefinitely, whereas selling and using for college would trigger immediate tax liability. Are you saying there's some education-related exemption for capital gains that I'm not aware of? That would definitely simplify things if so!
I think I wasn't clear - there's no special education exemption for capital gains on rental property sales. You would indeed face capital gains taxes if you sell without a 1031 exchange. What I meant was more about weighing the complexity of the 1031 process against your goals. If college funding is the primary objective, sometimes it's worth taking the tax hit for simplicity and flexibility. However, if preserving wealth long-term is equally important, then the 1031 approach makes more sense despite the additional complexity. The 529 suggestion was separate - if you do sell, putting some proceeds in a 529 would give tax-free growth for the education portion.
One thing nobody's mentioned - if you do the 1031 exchange and buy a property near campus, but have your son living there, you need to be VERY careful about personal use rules. The IRS could potentially disallow the entire exchange if they determine the property wasn't held primarily for investment purposes. Generally, you need to charge fair market rent to family members to maintain the investment property status. Having your son manage the property for a reasonable fee is fine, but giving him free or reduced rent could jeopardize both the 1031 exchange and your ongoing rental property deductions.
This is really important! I made this exact mistake with my daughter's housing during college. I did a 1031 exchange, put her in the property, charged her below-market rent, and got audited three years later. Had to pay back taxes plus penalties because the IRS reclassified it as a personal residence. Document EVERYTHING and charge fair market rates!
Just to clarify some confusion I see in this thread: When you file taxes, you're not "claiming yourself as a dependent." You're either filing as someone who CAN be claimed as a dependent or as someone who CANNOT be claimed as a dependent. The difference affects which tax credits you can claim. If you can be claimed as someone else's dependent (even if they don't actually claim you), you can't claim certain credits like the Recovery Rebate Credit. For claiming your brother: Since he's your sibling, you need to meet the qualifying relative tests, not the qualifying child tests. The main tests are: 1) You provided more than half his support, 2) His income was less than $4,950 (for 2023), 3) He lived with you all year, and 4) He's not filing a joint return.
Thanks for explaining! So if I understand correctly, on my tax return I would indicate that I CANNOT be claimed as a dependent on someone else's return (since I provide more than half my own support), and then separately I'd try to claim my brother as my dependent if I meet all those tests you listed?
That's exactly right. You would check the box indicating that no one else can claim you as a dependent on their return. This is different from "claiming yourself as a dependent" which isn't a thing. Then separately, you would list your brother as your dependent if you meet all the qualifying relative tests. Make sure you have documentation showing you provided more than half his support - things like receipts for rent, utilities, food, clothing, medical expenses, etc. This is especially important since claiming siblings is something the IRS sometimes looks at more closely.
Just wondering - does it matter that the brother is 17? Doesn't that make him a qualifying child rather than a qualifying relative? I thought siblings under 19 could be qualifying children.
You're right! A sibling can be a qualifying child if they're under 19 (or 24 if a student), they lived with you for more than half the year, they didn't provide more than half of their own support, and they meet the other tests. The benefit of qualifying child vs. qualifying relative is that there's no income limit for a qualifying child. So even if OP's brother made more than $4,950, they might still be able to claim him as a dependent under the qualifying child rules.
I'm a piano teacher who also does performances, and I file everything under one business. My accountant said it's totally fine because they're related activities in the same industry. One thing she recommended though was keeping good records that clearly identify which income and expenses belong to which activity. This has been super helpful on the rare occasions when I've had specific questions about allocating certain expenses. Also helps me track which part of my business is more profitable!
Do you use any specific software or method to track this? I'm trying to figure out the best way to separate everything while still filing on one Schedule C.
I use QuickBooks Self-Employed and set up different categories for the income streams. So all income gets tagged as either "Performance Revenue" or "Teaching Revenue" when it comes in. For expenses, I either assign them fully to one activity or split them by percentage if they benefit both parts of the business. It's fairly simple once you set it up. The important thing is consistency throughout the year. I used to try tracking everything in spreadsheets, but it became too time-consuming. Having a system that can generate reports showing the profitability of each activity separately while still maintaining one overall business has been incredibly helpful for both tax purposes and business decisions.
Random question but what tax software do you use that handles this well? I'm using TurboTax and struggling with how to report my wedding photography + photo editing services which are similar to your situation.
To answer your original question more specifically - US obligations include: - Treasury bills, notes, bonds - TIPS (Treasury Inflation-Protected Securities) - US Savings Bonds - Government-issued securities like GNMA (Ginnie Mae) But they do NOT include: - Corporate bonds - Municipal bonds (these have different tax treatment) - Federal agency bonds like FNMA (Fannie Mae) or FHLMC (Freddie Mac) Check your 1099-B carefully for these distinctions! Many brokers will specifically mark which securities are US obligations in the details section.
What about STRIPS or zero-coupon Treasury securities? Are those considered US obligations too? I think I might have some of those.
Yes, STRIPS (Separate Trading of Registered Interest and Principal of Securities) and zero-coupon Treasury securities absolutely count as US obligations. They are direct obligations of the US government, just structured differently than traditional Treasury bonds. The capital gains from these would also be exempt from state income tax in most states. Make sure to include those when calculating your exempt amount. They can be a bit trickier because they don't pay periodic interest, but any gain from selling them would qualify for the state tax exemption.
Does anyone know if my state taxes US obligation income differently than others? I'm in California if that matters. My tax software is asking about this but doesn't explain if California has special rules.
California follows the general rule - interest from US government obligations is exempt from state income tax. This includes the interest portion of any capital gains. However, California does have some specific reporting requirements. Make sure you're using the California Schedule CA to make the adjustment. You'll report the full amount of your interest/gains on federal obligations on your federal return, then subtract the exempt amount on Schedule CA.
Hattie Carson
One thing nobody mentioned yet - if you're making under $1,000 in crypto from these apps, you might not need to file quarterly estimated taxes, but you'll still need to report the income on your annual return. I learned this the hard way last year when I got hit with a small penalty for not making quarterly payments on my mining income.
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Xan Dae
ā¢Thanks for bringing this up! I didn't even think about quarterly taxes. How do you calculate how much you need to pay each quarter? Is there a minimum threshold before you have to start doing that?
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Hattie Carson
ā¢You generally need to pay quarterly estimated taxes if you expect to owe at least $1,000 in taxes for the year after subtracting withholdings and credits. The IRS has a "safe harbor" rule where you won't face penalties if you pay at least 90% of the current year's tax liability or 100% of the previous year's tax (110% if your AGI was over $150,000). For calculating the amount, you'd take your expected crypto income, combine it with any other self-employment income, then calculate the tax (including self-employment tax) and divide by four for each quarter. The deadlines are April 15, June 15, September 15, and January 15 of the following year.
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Destiny Bryant
Don't forget you can deduct expenses related to your mining! If you're using apps that use your phone's processing power, you can potentially deduct a portion of your phone cost, electricity used to keep it charged, and maybe even part of your data plan if it's using data. This can offset some of that self-employment tax burden.
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Dyllan Nantx
ā¢Can you really deduct part of your phone bill? How would you even calculate what percentage is used for mining vs regular use? I'm using one of these apps too but it seems hard to document.
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