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3 Here's another perspective on this - I teach corporate taxation at a university, and we cover this exact topic. The reason ยง1031 gains don't increase E&P upon exchange is tied to the fundamental "tax character retention" principle. When a corporation does a ยง1031 exchange, the deferred gain is essentially "stored" in the basis of the replacement property. That stored gain will eventually be recognized for both tax AND E&P purposes when the replacement property is ultimately disposed of in a taxable transaction. If we included the gain in E&P immediately while deferring it for tax purposes, we'd create a permanent character difference rather than just a timing difference. This would potentially allow corporations to distribute what should be capital gain as dividends, which would defeat part of the tax system's integrity.
1 That makes sense conceptually, but what about the reverse situation? If a corporation has a ยง1231 loss that's deferred under ยง1031, does that also not reduce E&P until the replacement property is disposed of? I'm trying to understand if the principle applies consistently in both directions.
3 Yes, the principle applies consistently in both directions. If there would have been a recognized loss on the relinquished property (which gets deferred under ยง1031), that loss doesn't reduce E&P at the time of the exchange. This symmetrical treatment makes sense when you think about the purpose of ยง1031, which is to defer both gains and losses when there's economic continuity through a like-kind exchange. The E&P rules follow this same logic - neither recognizing the gain nor the loss for E&P purposes until there's an actual taxable event that breaks the chain of deferral.
18 Does anyone know if this applies the same way for S corporations? I know S corps don't technically have E&P unless they were previously C corps, but I'm dealing with a converted entity that has accumulated E&P from its C corp days and did a ยง1031 exchange post-conversion.
11 For an S corporation that was previously a C corporation, the rules get a bit more complex. The accumulated E&P from the C corporation period stays with the company even after S election. If the S corporation does a ยง1031 exchange, and the property involved was held during the C corporation period, then any deferred gain would not have increased the C corporation's E&P at that time. When the replacement property is eventually sold, any gain attributable to the period when the company was a C corporation would potentially increase the accumulated E&P. It's super important to maintain good records in these situations because you need to track the portions of any gain attributable to appreciation during the C corp period versus the S corp period.
Speaking from experience, I'd avoid Tax Hardship Center completely. I made the mistake of using them last year after being in a similar situation (7 years unfiled, mostly self-employed). They charged me the $500 initial fee, then came back and wanted another $3,000 to actually resolve my situation! I ended up going to a local Volunteer Income Tax Assistance (VITA) site instead, which helps people who make under $57,000 for FREE. They helped me file 3 years of returns (which was all I actually needed based on my income level) and set up a payment plan with the IRS. Total cost: $0. For your situation, especially as someone who's done freelance work, you might actually have deductions you don't know about that could significantly reduce what you owe. Look into expenses related to your illustration and music work - supplies, equipment, software, workspace, etc.
Thank you for sharing this. Do you know if VITA sites can handle more complicated situations like mine with a decade of unfiled returns and mixed income types? I'm worried they might turn me away because it's too complex.
VITA sites can definitely handle your situation. They're staffed by IRS-certified volunteers who specifically help people with lower incomes navigate tax issues. Many locations have volunteers who specialize in self-employment and 1099 income situations. You're right that some VITA sites might initially seem hesitant about handling 10 years of unfiled returns all at once. What I'd suggest is going in first to get help determining which years you actually need to file for (likely not all 10), and then working on 2-3 years at a time. Most people in your situation find they only need to file 6 years back to get into compliance.
Has anyone ever filed for multiple years at once using online tax software like TurboTax or H&R Block? I'm in a similar situation (5 years unfiled) and wondering if that's a viable option.
I filed 4 years of back taxes using FreeTaxUSA last year. You have to buy previous year versions separately, but it was WAY cheaper than TurboTax or H&R Block. I think I paid about $15 per year for state filing (federal was free). The downside is you have to print and mail the previous years - can't e-file them. Current year can be e-filed though.
Thanks for the tip on FreeTaxUSA! Did you have to wait for each year to process before filing the next one, or did you send them all at once? I'm worried about penalties accumulating while I'm getting everything organized.
Don't forget about state taxes too! QSBS is a federal exclusion, but not all states conform to the federal treatment. I live in California and they don't follow the federal QSBS rules - which was a nasty surprise when I sold my startup shares last year. Still had to pay CA state tax on my gains even though I qualified for federal QSBS exemption.
Oh man, I hadn't even thought about state taxes! Do you know what states besides California don't follow the federal QSBS rules? I'm in Pennsylvania if that makes any difference.
Pennsylvania actually does follow the federal QSBS rules, so you should be good on both state and federal taxes if you qualify. States that don't fully conform to federal QSBS rules include California, Alabama, Mississippi, New Jersey, and a few others. Some states partially conform, meaning they might offer a reduced exclusion percentage or have additional state-specific requirements. It's definitely worth checking with a tax professional familiar with your state's specific rules since this can make a huge difference in your total tax bill.
Has anyone successfully claimed QSBS exclusion using TurboTax or other DIY tax software? I'm trying to figure out if I can handle this myself or if I need to find a specialized accountant.
I tried doing this in TurboTax last year and it was super confusing. They do have a section for it but you have to know exactly where to look - it's under investment income, then capital gains, then there's a checkbox about "special conditions" where you can select Section 1202 stock. But honestly, it was really hard to tell if I was doing it right. I ended up hiring a CPA just to be safe since it was a big amount of money.
I think the confusion might come from the "investment property" vs "rental property" distinction. If you're just holding bare land for future appreciation (investment), then property taxes go on Schedule A. But once you start renting it out, it becomes a rental activity and moves to Schedule E. I had a similar situation with some land I own in Colorado. When I was just holding it, property taxes went on Schedule A. When I started leasing it to a solar company, my CPA moved everything to Schedule E.
Thanks for this explanation! This makes perfect sense and might explain the confusion in the tax guidance I was looking at. Maybe they were assuming the land was just being held for investment rather than actively rented out? Since I'm definitely renting it out at market rate (and reporting that income), it seems clear the property taxes should offset that income on Schedule E.
Yep, that's likely the source of confusion. Tax guidance can sometimes lump "vacant land" into the investment category by default, but the actual tax treatment depends on how you're using the property. Since you're generating rental income, you're running a rental activity, and all ordinary and necessary expenses (including property taxes) should offset that income on Schedule E. Just make sure you keep good records showing the rental activity is legitimate and at fair market value. As long as you can document the rental agreement and income, you should be fine putting those property taxes on Schedule E.
Would this also apply to land being used for other purposes? I own a small parcel that cell phone companies pay me to place equipment on. The payments are pretty substantial ($7,500/year) but I've been deducting the property taxes ($1,900) on Schedule A. Should I be using Schedule E instead?
Absolutely! That's a perfect example of rental property. You're renting space to the cell companies, so it's a rental activity. All expenses related to that land (property taxes, insurance, maintenance, etc.) should go on Schedule E to offset the rental income. You're likely overpaying your taxes by putting those expenses on Schedule A, especially with the SALT limitations.
Ethan Brown
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Yuki Yamamoto
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Carmen Ruiz
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Andre Lefebvre
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