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Just want to add another consideration - if your LLC owned the property directly (rather than you personally), there might be some passive activity loss limitations to think about. The tax treatment can vary depending on whether you materially participated in the business before it closed. Also, if the property has been repurposed or is being held for investment now rather than for business use, that could change things too. Might be worth chatting with a CPA who specializes in small business issues.
The LLC never owned the property - it was rented commercial space. The property taxes I'm referring to are personal property taxes on business equipment and fixtures, not real estate taxes. Does that change anything about how I should handle this?
That actually makes your situation clearer and potentially simpler. Personal property taxes on business equipment and fixtures are definitely business expenses. Since you had a single-member LLC that was disregarded for tax purposes, you can claim these on your Schedule C even with zero income now that the business is closed. Make sure you categorize them correctly on your Schedule C as "Taxes and licenses" rather than lumping them in with other expenses. This provides clearer documentation if your return is ever questioned. The fact that these are specifically business personal property taxes strengthens your position for taking the deduction.
Has anyone mentioned the time limit on this? I think you can only continue deducting expenses for a reasonable amount of time after a business closes. If your business closed in 2020 during the pandemic and you're still paying these taxes in 2025, the IRS might question why you still have these business assets.
You're thinking of the hobby loss rules, which is different. There's no specific time limit for legitimate business expenses related to winding down a business. As long as these are actual business property taxes tied to business assets, they remain deductible until the obligation ends or the assets are disposed of.
Thanks for the clarification. I was confusing this with the rules about businesses that never make a profit. Glad to know there's no specific cutoff for winding down expenses as long as they're legitimate.
From my experience as a property manager handling books for several LLCs, here's a practical approach: Most rental property businesses I work with use a $500-$1000 limit depending on their portfolio size. The key is consistency and documentation. We draft a simple policy document that states "All assets costing less than $X will be expensed rather than capitalized" and include a sentence noting that this policy complies with IRS de minimis safe harbor provisions. Have all partners sign it, keep it with your tax records, and follow it without exception.
Thanks for the practical advice! Do you typically include any specific language about how you handle bulk purchases? Like if we buy 5 refrigerators at $900 each for different properties, would those be expensed or capitalized under a $1000 policy?
I recommend addressing bulk purchases explicitly in your policy. For refrigerators across different properties, we typically expense them individually since they're installed at separate locations and depreciate independently. If you're buying multiple identical items for the same property (like 10 ceiling fans for one building), our policy typically states that similar items purchased in the same transaction or as part of the same project should be considered collectively against the threshold. So ten $200 ceiling fans ($2,000 total) would be capitalized despite each being under the limit since they're part of a single improvement project.
Just be careful with too-high capitalization limits! My real estate LLC partner and I set a $2500 limit thinking we were being efficient, and we got audited. The IRS agent said our limit was unreasonably high for our business size (6 properties valued at about $1.2M total) and made us refile with a $750 limit instead. Cost us thousands in accounting fees and penalties.
Just want to add that getting an Identity Protection PIN (IP PIN) from the IRS for your dependent is ESSENTIAL going forward. I had this exact problem for two years straight with my ex's parents claiming my kid, and the IP PIN stopped it completely. Go to the IRS website and search for "Get an IP PIN." You'll need to verify your identity, but once you have that PIN, NOBODY can e-file claiming your child without that number. They'd have to paper file, which triggers additional scrutiny from the IRS. Also, gather evidence now that your child lives with you - school records, medical records, benefit statements, anything with your address and your child's name. This will be critical if you need to prove your right to claim your dependent.
Thank you for this advice! I didn't know about the IP PIN option. Is this something I can still set up now for next year's taxes? And would it work even if I don't know who is claiming my child? My biggest worry is that this mysterious person will just do it again next year.
Yes, you can set up an IP PIN now that will be effective for next year's tax filing season. You don't need to know who's claiming your child - the PIN system works by requiring the number for anyone attempting to claim that dependent, regardless of who they are. Go to IRS.gov and search for "Get an IP PIN" or go directly to the Identity Protection PIN page. You'll need to create an account and verify your identity if you don't already have an IRS online account. Request a PIN for both yourself and each of your dependents. The IRS will mail the PINs to your address of record, and you'll need these numbers when you file next year. This system will completely block anyone else from successfully e-filing with your child's SSN.
Has anyone successfully gotten their refund after going through this whole amended return process? I'm in the same boat where my ex claimed our daughter when it was my year according to our divorce decree. I filed an amended return 3 months ago with all the documentation and haven't heard anything. Starting to wonder if it's worth the hassle or if I should just make sure I claim her first next year.
I went through this exact process last year. It took about 4 months total, but I did get my full refund including the child tax credit and everything. The key was including a copy of my divorce decree showing it was my year to claim my son, plus school records showing he lived with me. Don't give up - it's definitely worth fighting for what you're legally entitled to!
Have you contacted your state's education department? When my son's technical college shut down, the state education department had taken possession of all student records including financial info. They were able to generate an official letter verifying his enrollment dates and tuition payments which the IRS accepted as a substitute for the 1098-T.
I hadn't thought about the state education department! That's an excellent suggestion. Did you have to request the letter specifically or did they have some kind of standard form they provided?
I had to make a specific request for the enrollment and tuition verification letter. Most state education departments have procedures in place for closed institutions, but you need to ask for exactly what you need. When you contact them, be sure to request both enrollment verification (with specific dates) and an itemized statement of all tuition and qualified expenses paid during the tax year. Be prepared to provide proof of your son's identity and your right to access his records, like a birth certificate or his signed authorization if he's over 18.
Has your son checked his student portal access? My community college closed in 2023 but they kept the student portal system online specifically for tax document access. My 1098-T was available there even though the school itself no longer exists.
This! 100% this! Same thing happened with my brother's trade school. The main website was gone but the separate student portal system (run by a third-party) stayed up for document access. Worth checking if they used common systems like Blackboard, Canvas, or dedicated student financial portals.
Dylan Mitchell
I work in a university bursar's office, and I can tell you this happens because of how our accounting systems work. When you pay your bill, our system automatically allocates your payment based on internal rules, which often prioritizes upcoming charges. In your case, it sounds like they received your payment for Fall, applied what was needed there, and then automatically allocated the rest to your Spring charges that were already in the system. For 1098-T purposes, some schools report based on these allocations rather than actual payment dates. My advice: always keep your own payment records showing exactly when you paid and what semester you were paying for. This documentation is your best defense if there's ever a question about which tax year certain education expenses should be claimed in.
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Zoe Dimitriou
ā¢Thanks so much for explaining from the university side! Does this mean universities just routinely report things in a way that doesn't match how taxes are supposed to be filed? Seems like this could cause problems for tons of students.
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Dylan Mitchell
ā¢Yes, unfortunately, it happens quite frequently. University accounting systems are designed primarily for the school's financial tracking, not for optimal tax reporting. Many schools use Banner or similar systems that allocate payments based on an internal priority list rather than student intent. This disconnect is why the IRS allows taxpayers to claim education expenses based on when they actually made payments, not necessarily what's on the 1098-T. The form is considered informational, not definitive. This is also why we always advise students to keep their payment receipts and confirmation emails. If you're ever questioned, having documentation of your actual payment dates will resolve any discrepancies.
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Sofia Martinez
Does anyone know if this affects the American Opportunity Credit? I'm in a similar boat with my daughter's college expenses and I'm supposed to file my taxes this weekend!
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Dmitry Volkov
ā¢Yes, it definitely affects the AOTC! Remember the American Opportunity Credit is based on what you PAID in the calendar year, not what was billed. So only count what you actually paid in 2023, regardless of what the 1098-T says.
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