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Just a heads up that the Capital Loss Carryover Worksheet in the Schedule D instructions is the key document you need to complete carefully. I faced this exact situation last year (non-resident with carried forward losses but no US income). My tax software automatically tried to use $3,000 of my carried forward losses. I had to manually override this by completing the worksheet separately and entering the correct carryforward amount for next year. Some tax software doesn't handle this non-resident scenario correctly because it's designed for the more common US resident situations.
Which tax software were you using? I'm trying to file with TurboTax and it keeps insisting on using $3k of my losses even though I have no income. Is there a specific place where you had to override this?
I was using H&R Block's online software. The override was tricky to find - I had to go into the "Forms" view rather than using the interview process. Under Schedule D, there was an option to "override" the calculated loss deduction. I manually entered zero for the current year's deduction and preserved my full carryforward amount. With TurboTax, look for a similar "Forms" mode or "Tax Tools" section where you can directly edit Schedule D. The key is making sure that line 21 (the amount carried to Form 1040) shows zero while still documenting your full carryforward amount for next year in your records.
Sooo...does anyone know if capital losses expire? I've been carrying forward some losses for like 4 years now and haven't been able to use them because I moved abroad. Will they eventually disappear if I don't use them?
Be VERY careful with tax resolution companies. I used a similar national company (not StopIRSDebt specifically) and ended up paying $3200 for them to basically fill out an installment agreement form that I could have done myself. They made big promises about reducing what I owed but in the end couldn't deliver. If you go with either option, get EVERYTHING in writing - exactly what services they're providing, what forms they'll file, and what results they're promising. Ask what happens if they can't deliver the results they promise.
This is so important! My brother got scammed by one of these companies that promised to settle his $40k tax debt for pennies on the dollar. Paid $4k upfront, they filed an offer in compromise that got rejected, and then they basically disappeared.
Exactly! These companies often advertise based on best-case scenarios that apply to very few people. The "pennies on the dollar" settlements (Offers in Compromise) have specific qualifying criteria - you have to prove you have no ability to pay the full amount now or in the foreseeable future. Most people don't qualify. The most frustrating part is that many of these companies know you won't qualify before they take your money. They collect their fee, file paperwork they know will be rejected, then tell you "well, we tried!" while keeping your money. Always ask for their success rate with cases similar to yours, and get clear details about what specific actions they'll take for the fee they're charging.
Has anyone looked into the IRS Fresh Start program? I had 4 years of unfiled returns and was able to get caught up through that. You might not need to pay someone so much money.
Don't forget that to qualify for Head of Household, your child must be a "qualifying person" which generally means they need to be your child by birth, adoption, or they lived with you for more than half the year. And you need to provide more than half their support. But it sounds like with an 8 year old daughter you're all good! Just make sure you're not married filing jointly - that's an automatic disqualification for HoH status.
Thank you for mentioning that! Yes, she's my biological daughter and lives with me full-time (her mom isn't in the picture). I'm definitely not married - been single for years now. I pay for everything related to her care and our home. Sounds like I'm on the right track then? This is such a relief!
Yes, you're definitely on the right track! With your daughter living with you full-time and you providing all her support, you're a textbook case for Head of Household filing status. And don't worry too much about making small mistakes - the IRS generally focuses on major issues like unreported income or fraudulent claims. An honest mistake about a dependent's income being $0 when it should be a few dollars of interest wouldn't trigger anything serious. Just answer the questions truthfully as you go through your tax software.
Make sure u keep receipts for household expenses in case u get audited! My sister got audited 2 yrs ago for her Head of Household claim and they wanted proof she paid more than half the home expenses. She had to scramble to find old utility bills, rent receipts, grocery receipts etc. Better safe than sorry!!
How far back should you keep those records? I've been filing HoH for 3 years now but haven't kept great documentation.
I think everyone is overlooking something important here. If your mother is still alive, why not just deed the property back to her and let HER sell it directly? Then she could distribute the money however she wants without you being in the middle. This would eliminate your tax liability completely since you wouldn't be the seller. I had to do something similar with my grandfather's property a few years ago - we realized the tax implications of the gift to me were bad, so we reversed it before selling.
That would have been a good option, but it's too late now - I already sold the property about 6 months ago. I was just hoping there might be a way to avoid getting stuck with a big tax bill since I was basically just following my mom's instructions and didn't keep any of the profits.
That's unfortunate timing. For future reference (or for anyone else reading this thread), always consult with a tax professional BEFORE making property transfers between family members. These transactions are complex and can have significant tax consequences. Since the sale has already happened, your best option now is probably to gather all documentation showing that you were acting on your mother's behalf. While this doesn't eliminate your tax liability, good documentation might help if there's ever an audit. Make sure you have the quitclaim deed, documentation of the original basis (purchase price plus improvements), the sales contract, and proof that you transferred the proceeds to your mother and other family members.
Couldn't the OP potentially argue this was a "step transaction" where they were essentially just acting as an agent for their mother? Since the mother is still alive and OP immediately gave all the money back to her and the other family members per her instructions, maybe the IRS would consider the mother the true seller?
The step transaction doctrine actually might work against OP in this case. The IRS could view the series of transactions (mother gifts to OP, OP sells and distributes money) as an attempt to avoid proper tax treatment. Since the legal ownership was transferred to OP before the sale, OP is technically the seller for tax purposes. The subsequent distribution of funds is considered separate. This arrangement actually creates more tax complications than if the mother had sold it directly and then gifted portions of the proceeds. What might help OP's case is documenting that they were acting under a power of attorney or as a fiduciary for their mother, but that would need to have been established properly before these transactions occurred.
Tyler Lefleur
One thing nobody has mentioned - if you're not a US citizen but need to file taxes, you'd have an ITIN instead of an SSN as your TIN. I'm on a work visa and that confused me at first since all the forms just asked for "TIN" and I wasn't sure if that meant my ITIN or some other number. But yeah for most American citizens, your SSN is your TIN.
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Madeline Blaze
ā¢Do you know if green card holders use their SSN or do they need an ITIN? My parents just got their green cards and are confused about filing next year.
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Tyler Lefleur
ā¢Green card holders use their SSN, not an ITIN. When someone gets a green card, they're eligible for (and usually required to get) a Social Security Number if they don't already have one. ITINs are specifically for people who need to file taxes but aren't eligible for SSNs, like certain visa holders or non-resident aliens with US income. So your parents should use their SSNs on all tax forms where it asks for TIN.
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Max Knight
Just to add one more thing - I recently discovered that on some IRS transcripts, they only show the last 4 digits of your SSN/TIN for security reasons! I freaked out thinking my full number wasn't in their system, but that's actually a security feature to protect your identity. The IRS has your full number, they just don't display it on certain documents.
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Caleb Stark
ā¢Ohhhh that explains why I only saw the last 4 digits on my transcript! I was wondering about that too but didn't think to ask. Thanks for clearing that up!!
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