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Malik Johnson

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This is actually one of the best tax benefits for couples where one spouse is a real estate professional! To answer your original question simply: Yes, depreciation can absolutely create a loss even if your rental income just covers expenses. For example, if you have: Rental income: $24,000/year Expenses (mortgage interest, taxes, HOA, repairs): $23,500/year Income before depreciation: $500 Annual depreciation (building value รท 27.5): $9,000 Your rental activity would show a $8,500 loss that you can use to offset your W2 income. Without the real estate professional exception, this would be limited by passive activity rules for most people. Make sure you properly document your spouse's time in real estate activities though - that's where most people get tripped up in audits!

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Do you know if property management time counts toward the 750 hours? I spend about 10 hours a week managing our rentals, but I'm not sure if that's enough to qualify.

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Malik Johnson

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Yes, property management time absolutely counts toward the 750 hours requirement, so your 10 hours weekly would give you about 520 hours annually. However, that alone wouldn't reach the 750-hour threshold. The bigger issue is that you also need to spend more than half your total working time on real estate activities to qualify as a real estate professional. So if you have a full-time job outside of real estate (say 2,000 hours/year), your 520 hours of property management wouldn't meet the "more than half" test. This is why it's often easier for one spouse to qualify if they're primarily focused on real estate activities.

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Ravi Sharma

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My CPA initially told me I couldn't claim rental property losses against my W2 income, but after showing him the exact IRS rules about my wife's real estate professional status, he changed his tune. Not all tax preparers understand these nuances! The depreciation absolutely can create a loss, and with a real estate professional spouse, you can use those losses against other income. We've been doing this for 3 years and saving about $7k annually in taxes. Just make sure you're calculating the depreciation correctly. You'll need to separate the building value from the land value (land isn't depreciable) and use the 27.5 year schedule for residential rental property.

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Freya Thomsen

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How do you determine the split between land and building value for depreciation purposes? My county tax assessment breaks it down, but I've heard that's not always the best method.

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Mateo Lopez

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Has anyone here made the high-tax exclusion election for GILTI? I'm trying to figure out if it makes sense for our situation where we have operations in both Germany (high tax) and Malaysia (lower tax).

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Aisha Abdullah

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We made that election last year. It was definitely worthwhile for our German subsidiary where the effective tax rate was about 28%. Essentially allowed us to exclude that income entirely from GILTI calculations. But there's a caveat - you have to make the election for ALL your CFCs, so your Malaysian income would still be subject to GILTI if its effective rate is below the threshold. The calculations get super complex because you have to determine the effective foreign tax rate at the tested unit level. Worth talking to a specialist who's done this before.

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Mateo Lopez

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Thanks for sharing your experience! That's really helpful to know about having to make the election for all CFCs. I hadn't realized that limitation. Do you know what the current threshold is for the high-tax exclusion? Is it still around 18.9% effective foreign tax rate? I need to calculate what our effective rates are for each country to see if this makes sense for us overall.

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Ethan Davis

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Does anyone know if there are different GILTI rules for different industries? We're in software development with significant IP held offshore, and I'm not sure if there are specific provisions we need to be aware of.

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Yuki Tanaka

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GILTI itself doesn't have industry-specific rules, but it definitely hits tech and software companies harder because of how it targets returns on intangible assets. Since your business model is centered around IP, you'll likely have a higher GILTI inclusion than businesses with lots of foreign tangible assets (like manufacturing). The qualified business asset investment (QBAI) exemption that reduces GILTI only applies to tangible assets, not IP assets. That's why many software companies get hit particularly hard - they have high foreign income but low tangible asset bases offshore.

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Mateo Perez

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Former IRS employee here - people fear audits because they don't understand them. Most "audits" are actually automated matching notices, not full examinations. When your W-2 or 1099 doesn't match what you reported, you get a letter - that's not even a real audit. For your crypto situation, the risk is low because you're claiming LESS loss than entitled to. The IRS is primarily concerned with unreported income, not overcompliance. That said, conceptually you should report transactions accurately rather than bundling them. The fear comes from horror stories, usually involving people who actively evaded taxes or businesses with serious compliance issues. For average folks with honest mistakes, audits are usually resolved through correspondence.

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Omar Zaki

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Thanks for the insider perspective! So would you recommend I just go with my simplified approach for this year since I'm claiming less of a loss than I'm entitled to? Or should I spend the extra money to have everything properly documented transaction by transaction?

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Mateo Perez

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If you're claiming less of a loss than you're entitled to, from a practical risk perspective, you're unlikely to face issues. However, from a compliance standpoint, you should report transactions accurately. My recommendation would be to consider using specialized crypto tax software that can handle the volume of transactions correctly rather than manually simplifying. It would give you proper documentation if questions ever arise, and you'd get your full allowable loss. The peace of mind is often worth the investment, especially if you continue crypto trading in future years.

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Aisha Rahman

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One thing nobody's mentioned - audits are stressful because of the UNKNOWN. Even if you've done nothing wrong, there's the lingering anxiety of "what if they find something I missed?" I got audited in 2023 over a home office deduction and even though everything was legitimate, I was anxious for the entire 3 months the process took.

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CosmicCrusader

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This! It's like getting pulled over by a cop even when you're not speeding. Your heart still races because you start second-guessing everything. "Did I signal that lane change? Is my registration current? Is there a taillight out I don't know about?

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Skylar Neal

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If you decide to use tax software instead of a CPA, make sure you compare a few different options. I found TurboTax charges extra for investment forms, while FreeTaxUSA handled our investments and my wife's scholarship with their basic version. Saved us like $70 compared to what TurboTax wanted to charge.

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PrinceJoe

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Thanks for the tip about FreeTaxUSA! Did it handle the scholarship question well? That's my biggest concern - making sure we properly categorize what's taxable vs. non-taxable.

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Skylar Neal

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FreeTaxUSA handled the scholarship situation really well. It specifically asks whether scholarship money was used for qualified expenses (tuition, books, required fees) versus non-qualified expenses (room and board, living expenses). It also provided clear explanations about which portions of scholarships are taxable and which aren't, something TurboTax didn't explain as clearly in my experience. The program walks you through it step by step and even has a help section specifically addressing graduate student scholarships and fellowships.

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Vincent Bimbach

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I'm a tax preparer (not CPA) and honestly for your situation, good tax software should be fine. The only reason I'd suggest a pro is if either of you has self-employment income, rental property, or complicated investments beyond normal stocks/ETFs. Marriage doesn't change the tax treatment of investments or scholarships, it just combines them on one return.

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Kelsey Chin

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What about tax credits that weren't available before? I heard the income thresholds change when filing jointly and you might qualify for different credits?

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Aurora Lacasse

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Another option to consider - if you're eligible for any of the penalty exceptions for the 10% early withdrawal penalty, you might not owe as much as you think. Things like first-time home purchase (up to $10k), certain education expenses, birth/adoption expenses, etc. might apply. Worth checking if any of these fit your situation!

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Evan Kalinowski

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Thank you for bringing this up! I'm actually using some of the money for education expenses this semester. How exactly do I document that to avoid the penalty on that portion?

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Aurora Lacasse

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For qualified education expenses, keep detailed records of all tuition, required fees, books, and required supplies paid during the tax year. The expenses must be for yourself, your spouse, or your dependents at an eligible educational institution. You'll use Form 5329 to report the early distribution and claim the exception. On line 2 of the form, you'll enter exception code "08" and the amount that qualifies for the education expense exception. This amount won't be subject to the 10% penalty, though it will still be taxable income if it's coming from earnings in your Roth IRA.

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Anthony Young

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Has anyone else here dealt with Roth IRA custodians refusing to do withholding above a certain percentage? Last year I tried to set withholding at 50% with Vanguard and they said their system maxed out at 37% for federal. Ended up having to make an estimated payment anyway.

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Charlotte White

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Fidelity let me do 45% last year when I needed to. I've heard TD Ameritrade caps at 50%. Probably worth calling your specific custodian to ask before counting on the 90% withholding strategy.

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