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Ask the community...

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Daniel White

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One thing to consider is that MTM doesn't just eliminate long-term capital gains treatment - it also affects wash sale rules. With MTM, wash sale restrictions don't apply to you anymore, which can be a huge advantage for active traders who frequently trade the same securities. Last year, I had significant losses that were disallowed due to wash sales. If I had MTM status, I could have claimed all those losses immediately. Just something else to factor into your decision.

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Nolan Carter

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That's a great point about wash sales! How difficult was the process of establishing trader status with the IRS? Did you have any issues proving you met the requirements?

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As someone who went through the MTM election process last year, I want to emphasize how important it is to get professional guidance on this decision. The tax implications are complex and can significantly impact your overall tax liability. One critical point that hasn't been fully addressed - if you're considering MTM for 2025, you need to make that election by the due date of your 2024 tax return (including extensions). You can't just decide mid-year in 2025 that you want MTM treatment. Also, regarding your NVDA shares - the previous comment about them being "marked to market" at year-end 2024 is correct. Any unrealized gains on December 31, 2024 would be treated as if you sold and repurchased them on January 1, 2025. This is called the "deemed sale" rule. For your specific situation with substantial NVDA gains, I'd strongly recommend running the numbers both ways - selling in 2024 to lock in long-term capital gains treatment versus keeping them and having them converted to ordinary income under MTM. The difference in tax rates (0%, 15%, or 20% for long-term capital gains versus up to 37% for ordinary income) could be substantial depending on your income level. The entity structure option (LLC/S-Corp) is possible but adds complexity and costs. You'd need to ensure proper business purpose and substance, maintain separate books and records, and the entity would need to qualify for trader status independently.

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Sean Kelly

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This is really helpful information, especially about the election deadline. I'm new to understanding trader tax elections and wasn't aware that the MTM election for 2025 needs to be made by the 2024 tax return due date. One question - you mentioned running the numbers both ways for the NVDA shares. Is there a general rule of thumb for when MTM makes sense versus sticking with capital gains treatment? I'm trying to understand at what point the benefits of avoiding wash sale rules and unlimited loss deductions outweigh losing the preferential long-term capital gains rates. Also, regarding the entity structure complexity you mentioned - what kind of ongoing costs should someone expect if they go the LLC route for separating trading activities?

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$6,541 Tax Refund Still Frozen Since March Despite Schedule H Verification, Identity Check & Sept 9 Processing Date on Transcript

Filed my 2023 return in January showing AGI of $32,347.00 and taxable income of $18,497.00. My total tax per return was $2,435.00, with W-2 withholding of $1,842.00 and I'm supposed to get credits of $7,134.00, bringing my total expected refund to $6,541.00. But I got hit with a freeze code 810 back on 03-28-2024. Had to send extra Schedule H docs in March, then did in-person verification in August. I finally got my transcript dated 10-18-2024 and it's driving me crazy. The IRS transcript clearly shows: FORM NUMBER: 1040 TAX PERIOD: Dec. 31, 2023 ACCOUNT BALANCE: -6,541.00 ACCRUED INTEREST: 0.00 AS OF: Sep. 23, 2024 ACCRUED PENALTY: 0.00 AS OF: Sep. 23, 2024 ACCOUNT BALANCE PLUS ACCRUALS (this is not a payoff amount): -6,541.00 Under "INFORMATION FROM THE RETURN OR AS ADJUSTED" it shows: EXEMPTIONS: 01 FILING STATUS: Single ADJUSTED GROSS INCOME: $32,347.00 TAXABLE INCOME: $18,497.00 TAX PER RETURN: $2,435.00 SE TAXABLE INCOME TAXPAYER: $0.00 SE TAXABLE INCOME SPOUSE: $0.00 TOTAL SELF EMPLOYMENT TAX: $0.00 My RETURN DUE DATE OR RETURN RECEIVED DATE is listed as Apr. 15, 2024, and the PROCESSING DATE shows Sep. 09, 2024. The transaction section is what's frustrating me: TRANSACTIONS CODE EXPLANATION OF TRANSACTION - CYCLE DATE - AMOUNT 150 Tax return filed - 20243405 09-09-2024 - $2,435.00 806 W-2 or 1099 withholding - 04-15-2024 - -$1,842.00 810 Refund freeze - 03-28-2024 - $0.00 766 Credit to your account - 04-15-2024 - -$7,134.00 That code 810 Refund freeze from 03-28-2024 is still sitting there stopping everything! The last processing date shown is Sep. 09, 2024 (cycle 20243405). My account transcript shows the refund amount of -$6,541.00 is still there with $0.00 in accrued interest and penalties as of Sep. 23, 2024, but I can't get my hands on it. Called after 9 weeks of waiting, and they just say it's under review. My preparer just keeps saying wait. This is a significant amount of money and I've been waiting since January! The transcript even has a Tracking Number (106768607795) at the top, but that doesn't seem to help me track anything. Anyone else dealing with this or know what to do? This IRS refund freeze is killing me financially!

Mae Bennett

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The IRS is so backed up rn its not even funny. My friend works there and says they're still processing returns from last summer 😬

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Asher Levin

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Ugh, I feel your pain! Been dealing with a similar 810 freeze since April and it's absolutely maddening. The fact that your transcript shows everything processed correctly but they're still holding onto $6,541 is just cruel. At least you got the in-person verification done - I'm still waiting for my appointment. Have you tried reaching out to your congressperson's office? I know it sounds extreme but sometimes they can light a fire under the IRS when normal channels aren't working. The taxpayer advocate service might also be worth a shot since you're going on almost a year now 😤

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Haley Stokes

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Has anybody used TurboTax to handle this kind of mixed-use property situation? I'm wondering if it can correctly track the suspended passive losses from year to year when a property changes from full rental to mixed-use...

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Asher Levin

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I tried using TurboTax last year for my vacation home that switched from rental to part-time personal use. It really struggled with the passive loss carryforward when the property use changed. I ended up having to manually override some calculations and I'm still not 100% sure I did it right. Might be worth paying for a pro if your situation is complicated.

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I want to add another important consideration that hasn't been mentioned yet - the short-term rental classification could actually work in your favor for future years. Since you mentioned most rentals will be weekend getaways averaging less than 7 days, this income would be classified as non-passive under IRC Section 469(c)(7) if you provide substantial services. If you're actively managing the property (cleaning, maintenance, guest services, etc.) and the average rental period is 7 days or less, the rental income becomes ordinary business income rather than passive rental income. This means you could potentially use those suspended passive losses from last year against OTHER passive income sources, while treating your current short-term rental as active business income. However, this creates a mixed situation where your prior losses remain passive (from when it was traditional rental) while current income is active - so they still can't offset each other. But it might open up better deduction opportunities for current year expenses and depreciation since you'd be treated as actively engaged in the rental business. Worth discussing with a tax professional who understands both passive activity rules AND short-term rental classifications!

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Amara Eze

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This is really helpful information about the short-term rental classification! I hadn't considered that the averaging less than 7 days could change how the current income is treated. So if I understand correctly, my suspended passive losses from when it was a full rental property last year would still be "stuck" as passive losses, but any income I generate this year from short-term rentals (if I'm providing substantial services) would be treated as active business income rather than passive rental income? That seems like it could actually complicate things further since I'd have two different types of income/loss buckets that can't offset each other. Would the substantial services test be pretty easy to meet if I'm doing all the cleaning, guest communication, and property management myself?

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Ava Thompson

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Don't feel bad about being anxious! I messed this up my first time filing with daycare expenses and accidentally put down my employer's EIN instead of the daycare's lol. The IRS sent me a polite letter asking for the correct information. One tip: when you call, just say "Hi, I'm doing my taxes and need your tax ID number for the childcare tax credit." Every daycare knows exactly what you're asking for with that wording!

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CyberSiren

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Haha I did something similar! I put my kid's social security number in the box for the provider ID. Whoops. The tax software didn't catch it but the IRS definitely did!

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Salim Nasir

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Just wanted to add that if you're really nervous about making the call, you can also visit the daycare in person during pickup/dropoff and ask at the front desk. Sometimes it's easier to have this conversation face-to-face, and they might even have a printed sheet with their tax information ready to go since this is such a common request during tax season. Also, don't worry about sounding clueless - childcare providers get asked for their EIN dozens of times every year between January and April. It's literally one of the most routine requests they handle! Most places are super understanding and will have the information ready to share immediately. If for some reason they don't have it handy, they might ask you to email them as a reminder, which actually works out great since you'll have the information in writing for your records.

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Ravi Patel

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Code 810 is definitely frustrating but you're not alone! I went through this last year and it took about 10 weeks to resolve. The key thing is to NOT panic - the IRS will eventually process your return. In the meantime, make sure to check your mail daily for any correspondence and keep checking your transcript for updates. The good news is that once it moves, you'll usually see your refund within a week or two. Hang in there! šŸ’Ŗ

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Jacinda Yu

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thanks for sharing your experience! 10 weeks sounds rough but good to know it eventually worked out. did you have to do anything specific to get it moving or did it just resolve on its own?

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@f25a5e825c23 In my case it resolved automatically - I didn't have to do anything special. The IRS just needed time to verify some W-2 info with my employer. I did call a few times but they basically told me the same thing each time: "your return is under review, please wait." The most helpful thing was actually tracking the transcript codes to see the progress. When I finally saw code 811 pop up, I knew it was almost done!

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NebulaNomad

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I feel your pain! Been dealing with a 810 code for about 8 weeks now and it's incredibly stressful when you're counting on that refund. From what I've learned lurking in these forums, the 810 freeze is basically the IRS saying "hold up, we need to double-check something" - could be anything from verifying your identity to matching up your income with what employers reported. The waiting is the worst part because you can't really do much to speed it up. Just keep checking your transcript weekly for any changes and definitely respond immediately if you get any mail from them. I've heard some people say calling helps but honestly most folks here say the phone reps just tell you to wait it out. Stay strong! šŸ™

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