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Going back to the original 1031 exchange question - I had a similar situation where I wanted to do something creative with different types of assets. My tax attorney suggested an alternative approach: consider an opportunity zone investment instead of forcing a 1031. If you're willing to invest your capital gains into a Qualified Opportunity Zone, you can defer the tax until 2026, and if you hold the investment for 10 years, any appreciation on the opportunity zone investment itself can be tax-free. Might be worth exploring if your vacation rental is in or near a designated opportunity zone.
Does the Opportunity Zone investment have to be made immediately after selling the software? Are there timing requirements like with a 1031 exchange? This sounds interesting.
You have 180 days from the date of sale to invest in a Qualified Opportunity Fund to defer the capital gains from your software sale. Unlike a 1031 exchange, you only need to invest the gain portion, not the entire proceeds. The key timing requirements are the 180-day investment window, and then the holding periods: hold for 5 years and you get a 10% reduction in the deferred gain; hold for 10+ years and any new appreciation on the opportunity zone investment itself becomes completely tax-free. This could be especially valuable if you're buying a vacation rental that you expect to appreciate significantly.
I had a coworker who tried a 1031 exchange between dissimilar properties a couple years ago. The IRS audited him and he ended up having to pay the full capital gains tax plus penalties and interest. Be really careful with anything that seems like a stretch with these exchanges. The rules are super specific.
Did he use a qualified intermediary? I've heard that's essential for doing these exchanges properly.
11 Pro tip from someone who processes payroll: When you file, you might want to include a brief note explaining your name change situation. While the IRS systems can handle the mismatch between your current legal name and what's on your W-2, sometimes having a simple explanation can prevent unnecessary review.
17 Do you actually attach a physical note to the return? Or is there a specific form for name changes that should be included?
11 If you're filing electronically (which most people do now), there's no need for a physical note. There's usually a section in most tax software where you can explain special circumstances, but it's not even really necessary. For paper returns, you can include a brief statement with your return explaining the timing of your name change. There's no specific form required just for a name change situation like this. The most important thing is making sure your current legal name (your married name) is what you use on the tax return itself, and that your SSN is correct on all documents.
22 Anyone know what happens if you already e-filed using your maiden name (before updating with SSA) and then changed your name with SSA before the return was processed? Should I be worried?
10 You should be fine. The IRS usually processes returns pretty quickly, and they'll match based on your SSN. But if you're concerned, you might want to keep an eye on your return status using the "Where's My Refund" tool on the IRS website.
Just wanted to add something important here - if you owe a lot and are worried about the penalties, you should look into the IRS First Time Penalty Abatement program! If you haven't had any issues filing or paying for the past 3 years, you can often get the failure-to-file and failure-to-pay penalties removed. You'll still owe interest, but getting those penalties waived can save you serious $$$.
Wait, really? That would be amazing. Do I have to specifically ask for this program by name when I contact them? And would I qualify even though I had the extension and still missed it?
Yes, you should specifically ask for "First Time Penalty Abatement" when you contact them after filing. Don't rely on them to offer it - many IRS agents won't mention it unless you ask. You would likely still qualify despite missing your extension deadline. The main requirement is having a clean compliance history for the three prior tax years (meaning you filed and paid on time, or had valid extensions and paid by those deadlines). The IRS sees this as a one-time courtesy for otherwise compliant taxpayers.
Has anyone had experience with penalties when u had a really good reason for filing late? My mom passed away in 2022 and I was executor of her estate which took forever to sort out, on top of my own taxes. I haven't filed 2022 taxes either and am nervous about what to expect.
I'm so sorry about your mom. I was in a similar situation with my father's passing. The IRS does have something called "reasonable cause" for penalty relief. You'll need to attach a letter explaining the circumstances and showing how the death and estate duties prevented you from filing on time. Include any documentation you can (death certificate, executor appointment papers). In my experience, they were actually pretty understanding.
Another important thing to consider here is commingling funds. When you take money from personal stock trading and put it into your LLC, you need to properly document it as either: 1) A capital contribution to your business (doesn't reduce your tax on the stock gains) 2) A loan to your business (still doesn't reduce your tax on stock gains) If you don't properly document this transfer, you risk "piercing the corporate veil" which could eliminate the liability protection your LLC provides. This is separate from the tax issue, but equally important!
Thanks for pointing this out! I hadn't even considered the liability aspect. So how should I properly document the transfer if I decide to move some of my stock profits into my business? Is there a specific form or process?
You should create a written resolution documenting the capital contribution or a formal loan agreement if it's structured as a loan. For a capital contribution, create a simple document stating the amount, date, and purpose that you're contributing capital to the business. Keep this with your company records. If you structure it as a loan, create a proper loan document with terms, interest rate (use the applicable federal rate at minimum), and repayment schedule. Then make sure your business actually makes the payments according to the schedule. This is more complicated but can be advantageous in certain situations if you want to pull the money back out later without tax consequences.
Curious - has anyone used TurboTax to handle this kind of situation with stock gains and LLC expenses? Does it give clear guidance on how to keep these separate or do you need something more specialized?
I used TurboTax last year with a similar situation. It does have separate sections for capital gains and business expenses, but it doesn't specifically guide you on the relationship between them. I had to know myself that they needed to be reported separately. The software doesn't warn you about taking stock profits and using them for business stuff - you have to understand that concept yourself.
Amara Adeyemi
Box 12 DD could also indicate you have some ancillary benefits you might not be thinking of as "health insurance." At my company, dental, vision, life insurance, disability, and our employee assistance program all get lumped into that box, even for employees who decline the main medical plan. Check your benefits package carefully - you might be enrolled in something automatically that you're not aware of. Many companies auto-enroll employees in basic life insurance or disability coverage.
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StarSurfer
ā¢I completely forgot about the basic life insurance! You're right, I think we do get enrolled in that automatically. And now that I think about it, I did sign up for the dental plan this year. Would that show up in box 12 dd too? How would I figure out the breakdown of what's included in that number?
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Amara Adeyemi
ā¢Yes, dental would definitely be included in box 12 DD as it's considered part of your health benefits package. Life insurance would also be there if it's employer-provided. The best way to get a breakdown is to contact your HR or benefits department and ask for an itemized list of what makes up that $4,350 figure. They should be able to show you exactly how much is attributed to dental, life insurance, and any other benefits. They typically have this information readily available since they had to calculate it to put on your W-2 in the first place.
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Giovanni Gallo
I actually went through a similar situation and discovered companies sometimes include the "potential" value of benefits in box 12 DD even if you don't use them. It's weird accounting but not necessarily wrong.
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Fatima Al-Mazrouei
ā¢That's not accurate. Box 12 DD should only include the actual cost of employer-sponsored health coverage, not potential or hypothetical coverage values. If OP truly has no health benefits through the employer, this code shouldn't appear with a value. This is why checking with HR is important - it's either an error or there are benefits OP is not aware of.
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