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Something else to consider - if you made any significant improvements to either house while you owned them, make sure you add those costs to your basis! This can reduce any potential capital gain. Things like: - Kitchen or bathroom remodels - Roof replacement - HVAC system upgrades - Room additions - New windows Just keep in mind that routine repairs (fixing a leaky faucet, painting, etc.) don't count toward increasing your basis.
Good point about the improvements! For the first house, I actually did replace the roof ($14k) and installed a new HVAC system ($9k). Would I need receipts for all of these improvements or are there other ways to document these if I can't find all the paperwork?
Receipts are definitely the best documentation, but if you don't have them all, there are other options. Bank or credit card statements showing payments to contractors can work. Even emails confirming quotes that you accepted can help establish the costs. For major improvements like a roof or HVAC system, you might also have permit records with your local building department that can verify the work was done. Some contractors might also have records they can provide if you reach out to them. The IRS knows people don't always keep perfect records, but they do expect you to make a reasonable effort to document these costs.
Doesn't the fact that your brother lived in the first house without paying rent complicate things? I thought once you stop using it as your primary residence, the clock starts ticking on how long you have to sell before capital gains kick in.
Not necessarily. The test is whether you lived in it as your primary residence for 2 of the 5 years before selling. Who lives in it during other periods doesn't affect that qualification. If OP had rented it out, there might be some depreciation recapture to deal with, but since no rent was collected, that's not an issue.
Just want to clarify something that nobody has mentioned yet - if your single member LLC elected to be taxed as an S-Corp instead of a disregarded entity, the NOL process is different. In that case, the loss is reported on Form 1120-S, but doesn't directly create an NOL. Instead, it reduces your stock basis, which affects how much you can take out of the business tax-free in the future. S-Corp losses don't generate NOLs that carry forward to your personal return the way Schedule C losses do. Make sure you know how your LLC is classified for tax purposes!
That's a really important distinction. How can you tell if your LLC is being taxed as an S-Corp vs a disregarded entity? I filed paperwork when I started my business but honestly don't remember what I selected.
You can tell by looking at what tax forms you've filed in the past. If you've been filing Schedule C with your personal tax return, then your LLC is being treated as a disregarded entity. If you've been filing Form 1120-S and receiving a K-1 from your business, then you elected S-Corp treatment. If you're still unsure, you should be able to check with the IRS. You would have filed Form 2553 to elect S-Corp status. If you never filed that form, then you're most likely a disregarded entity by default. This distinction is crucial for understanding how losses flow through to your personal taxes.
Has anyone actually carried forward a NOL recently? I had a $7,300 loss in my consulting business last year and tried to use it this year, but TurboTax kept giving me errors about "TCJA limitations" or something. Apparently the rules changed with the Tax Cuts and Jobs Act?
Yes, the rules definitely changed. Starting with tax years after 2020, NOLs can only be carried forward (not back, except for some farming losses). Also, you can only use the NOL to offset up to 80% of your taxable income in any future year. So if you made $10,000 this year, you could only use $8,000 of your NOL, and would have to carry the rest to future years.
Thanks for explaining that! That makes sense why TurboTax was limiting how much I could claim. So I'll have to carry forward part of my loss to next year too. Wish they'd make these tax rules simpler to understand.
Something important to note - the thresholds for Form 8938 are different if you live abroad! If you're a US citizen but have your tax home in a foreign country (meeting certain physical presence tests), the thresholds are much higher - $200K at year-end or $300K at any point during the year for single filers. I nearly panicked and filed unnecessarily until I realized these higher thresholds applied to my situation since I live overseas full-time. Might not be relevant to your situation but thought it was worth mentioning in case it helps someone else.
Do you know if there are different thresholds for married filing jointly people who live abroad? My wife and I are US citizens but we've been living in Germany for the past 5 years.
Yes! For married filing jointly taxpayers living abroad, the thresholds are even higher - $400,000 at year-end or $600,000 at any point during the year. So if you and your wife are under those thresholds, you wouldn't need to file Form 8938. Just be sure you still consider FBAR requirements (FinCEN Form 114) which has a separate $10,000 threshold regardless of where you live. Those are often confused but are two separate filing requirements.
Has anyone else noticed how absurdly complex our tax system is for expats and people with foreign accounts? I literally have a basic savings account in Canada (I'm dual citizen) and I need to file FBAR, possibly Form 8938, and deal with FATCA. The compliance costs are insane compared to the actual tax owed (which is usually zero because of foreign tax credits)!
Tell me about it! I pay my accountant $1,200 every year just to file these foreign asset forms, and I've never owed a penny of additional US tax on them. The penalties are so ridiculously disproportionate too - $10,000 for a paperwork error on accounts where you've paid all taxes due? It's just revenue generation at this point.
Have you checked if you qualify for first-time penalty abatement? If you haven't had tax issues in the past three years, you might be able to get the penalties removed (though you'd still owe the actual tax). Call the IRS and specifically ask about "first-time penalty abatement" - saved me about $80 when I was in a similar situation.
I had no idea this was even a thing! Do you know if there's a specific form I need to fill out to request this? And does it matter if I've already set up a payment plan?
You don't need a specific form - you can request it by phone when you call the IRS. Just specifically ask for "first-time penalty abatement" and explain that you've had a good compliance history. They'll check if you qualify right on the call. It doesn't matter if you've already set up a payment plan - you can still request the abatement. The payment plan is for the total amount, but if they approve your abatement request, they'll reduce the total and adjust your payments accordingly. Be aware this only removes penalties, not interest or the actual tax owed, but it can still save you a decent amount.
For next year, make sure you do a "paycheck checkup" mid-year! I put a reminder in my calendar for June to review my withholding. I grab a recent paystub, use the IRS withholding calculator, and adjust if needed. Helped me avoid surprises for the past few years.
KaiEsmeralda
10 Don't forget about quarterly estimated tax payments if you go the sole proprietorship route! I made that mistake my first year as a 1099 contractor and got hit with nasty underpayment penalties. You'll need to make payments on April 15, June 15, September 15, and January 15 (for the previous year).
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KaiEsmeralda
ā¢15 How do you calculate how much to pay for estimated taxes? Is there some formula or percentage I should be setting aside from each payment I receive?
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KaiEsmeralda
ā¢10 The safe harbor method is to pay either 90% of your current year's tax liability or 100% of last year's tax liability (110% if your income is above $150,000), whichever is lower. For a quick practical approach, I set aside about 30% of all my 1099 income - roughly 15% for self-employment tax and 15% for income tax. This has worked well for me, but your tax bracket might differ. The IRS has Form 1040-ES with a worksheet to calculate more precisely, or you can use tax software that offers quarterly tax calculators.
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KaiEsmeralda
17 Just a heads up about Washington state - while we don't have state income tax (yay!), if your business grosses over $12,000 annually, you'll need to register with the Department of Revenue and pay Business & Occupation (B&O) tax. The rate is pretty low for service businesses though - around 1.5% of gross revenue.
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KaiEsmeralda
ā¢4 Does that apply even if you're just a freelancer/contractor working for one company? I thought B&O tax was just for actual businesses with multiple clients.
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