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One thing nobody's mentioned yet is state taxes! Even if you get the federal part figured out with the US-India treaty, don't forget that states don't necessarily follow the same rules. I'm a non-resident from Canada, and California still wanted to tax my dividend income even though it was reduced at the federal level. Make sure you check if your state has special rules for non-residents. Some states are really aggressive about taxing any income with a connection to the state, treaty or no treaty.

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Thanks for bringing this up! I'm in Texas currently so I think I'm lucky since there's no state income tax. But I was planning to move to California next year so this is really helpful info. Does anyone know if I need to file state returns in multiple states if I moved during the tax year?

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With Texas having no state income tax, you're definitely in a good position for now! If you move to California next year, you'll only need to file a California state return for the portion of the year you're a California resident. For most states, if you move mid-year, you'll file a part-year resident return for each state that has income tax. You'll typically allocate your income based on when it was earned or received while you were a resident of each state. For investment income like dividends and interest, it usually gets allocated based on your residency status when it was received. California is particularly strict about this, so definitely keep good records of your moving date and when you received any investment income.

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Sophia Long

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Don't overlook FBAR requirements if you have bank accounts in India! If your foreign accounts totaled over $10,000 at any point during the year, you need to file an FBAR (FinCEN Form 114) separately from your tax return. Penalties for not filing are BRUTAL. Also, Form 8938 might be required if your foreign assets exceed certain thresholds. This is separate from the tax treaty stuff but equally important for Indian non-residents.

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The FBAR thing is super important. My friend got hit with a $10,000 penalty for an honest mistake of not knowing about this form. Are the thresholds different for residents vs non-residents? And is there a way to do a late filing if someone missed this in previous years?

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Natalie Khan

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I'm a little confused by some of the answers here. I've been using Section 179 for years in my construction business. The rules are pretty straightforward: 1. Used equipment DOES qualify for Section 179. I've taken the deduction for used trailers, trucks, and other equipment many times. Your accountant is just wrong on this point. 2. For 2025, the Section 179 deduction limit is $1,220,000, so your $3,750 trailer is well within limits. 3. The 60/40 split your accountant mentioned sounds like he's confusing this with some other depreciation method. For regular MACRS depreciation on a 5-year asset like a trailer, the first-year percentage is 20% (not 60%). 4. Since your trailer is 100% business use and under the limits, there's absolutely no reason you shouldn't take the full Section 179 deduction this year. I'd honestly question why your accountant is giving you incorrect information on something this basic. Might be time to find a new tax professional who understands common business deductions better.

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Thanks for this breakdown! Do you think the accountant might be confusing Section 179 with bonus depreciation? I've heard there are different rules for that, but I'm not clear on the details. Does bonus depreciation allow used equipment too?

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Natalie Khan

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You're exactly right - your accountant is probably confusing Section 179 with bonus depreciation. For several years, bonus depreciation only applied to new equipment, which might explain the confusion. However, since the Tax Cuts and Jobs Act of 2017, even bonus depreciation can be used for both new AND used equipment. The 60% figure your accountant mentioned might be referring to the bonus depreciation percentage, which was 80% in 2023, 60% in 2024, and decreases to 40% in 2025. But this is completely separate from Section 179, which allows 100% deduction up to the limit. So actually, you have TWO options for immediate deduction of your trailer - either Section 179 or bonus depreciation. There's really no reason to use regular 5-year MACRS depreciation unless you specifically want to spread out the deduction for some tax planning reason.

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Daryl Bright

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I went through exactly this with my lawn care business last year. Bought a used 6x12 trailer and my tax guy insisted I couldn't use Section 179 because it was used. I did my research and found out he was wrong. The relevant part of the tax code is Section 179(d)(1), which defines what property is eligible. It specifically says the original use doesn't have to begin with the taxpayer - which is the technical way of saying used equipment is fine. I switched tax preparers after that and saved nearly $2,000 in taxes by taking the immediate deduction rather than depreciating. Don't let an uninformed accountant cost you money!

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Sienna Gomez

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What software do you use to keep track of your business assets and depreciation? I'm starting a similar business and trying to figure out the best way to track all this stuff so I don't miss deductions.

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Ryan Kim

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One thing to check is if you entered all the EXACT same information in both systems. I've found that even small differences in how you categorize things can lead to huge differences in the final numbers. Last year I tried three different services and got refund estimates ranging from $1,200 to $3,700. Turned out I had categorized some business expenses slightly differently and one service asked a question about my home office that the others didn't. When I made sure everything was entered consistently, the refund amounts got much closer (within about $200 of each other).

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Zoe Walker

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Did you end up going with the highest refund amount? Did you get audited? I'm in a similar situation and not sure which service to trust.

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Ryan Kim

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I actually ended up going with the middle amount after triple checking everything. The highest one was making some questionable deductions that I wasn't completely comfortable with. I didn't get audited, but that doesn't mean much - the IRS can go back several years. I think the key is making sure you can document and justify every deduction you take, regardless of which service you use. If you can explain and prove why you deserve each credit and deduction, you should be fine with either service.

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Elijah Brown

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ALWAYS get a third opinion when you see big differences like this! I went through something similar when I had rental property income, self-employment, and investments all in one year. The different tax programs interpreted some things completely differently (especially depreciation methods and home office calculations). Ended up taking everything to an actual CPA who found even MORE deductions that both software programs missed.

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How much did the CPA cost compared to using tax software? Was it worth the extra expense?

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Zainab Ahmed

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Don't forget about depreciation recapture when you eventually sell! I made this mistake with my multi-family. Since I lived in one unit, I could only claim Section 121 exclusion on that portion. The rental portions were subject to depreciation recapture at 25% plus capital gains. Plan ahead!

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That's a really good point - I hadn't even thought about the eventual sale. How exactly does that work? Do I need to track the depreciation separately for each unit or for the building as a whole?

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Zainab Ahmed

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You need to track depreciation separately for the personal portion and the rental portions. When you sell, you'll need to allocate the sale price between the units based on fair market value at the time of sale. For your personal unit, you can potentially use the Section 121 exclusion ($250k single/$500k married) if you've lived there for 2 of the last 5 years. The rental units will be subject to capital gains tax, plus depreciation recapture at 25% for all the depreciation you've claimed (or were required to claim even if you didn't). Keep detailed records of all improvements to establish your cost basis for each unit.

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Connor Byrne

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Curious what tax software everyone uses for multi-family properties? I tried TurboTax last year and it didn't seem equipped to handle all the allocations correctly.

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Yara Abboud

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I switched to TaxSlayer and it handles rental properties much better than TurboTax did. Has specific sections for multi-unit properties and asks all the right questions about personal vs rental use.

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Be aware that even if you file before the May 17 deadline, there might be processing delays for refunds from a 2020 return filed in 2024. The IRS is still dealing with backlogs, and paper returns (which you'll have to use for 2020 at this point) take longer to process than electronic returns. Also, make sure you're using the correct tax forms from 2020, not current year forms. Tax laws change, and using the wrong year's forms will cause your return to be rejected. You can download 2020 tax forms from the IRS website's prior year forms section.

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Where exactly do you find prior year forms? I've been looking all over the IRS website and can't figure out where to get 2020 forms specifically.

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You can find prior year forms on the IRS website by going to https://www.irs.gov/forms-instructions and then clicking on "Find Prior Year Forms & Instructions" in the left sidebar. From there, you can select "2020" from the dropdown menu to access all forms from that tax year. For the basic 1040 form from 2020, you can directly go to: https://www.irs.gov/pub/irs-prior/f1040--2020.pdf. Make sure you also download any other schedules you might need like Schedule 1, Schedule C (for self-employment), etc. from that same prior year section. The instructions for each form are also available there, which can be helpful since the rules may have changed since 2020.

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Dylan Wright

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If u do get ur 2020 refund this late will they pay interest on it? Just wondering cuz I might be in the same boat for my 2020 taxes.

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Sofia Torres

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Yes! The IRS actually does pay interest on refunds that are issued more than 45 days after the filing deadline or the date you file, whichever is later. For a 2020 return filed in 2024, you'd likely get interest calculated from the date you file. The interest rate changes quarterly but has been around 5-7% recently (compounded daily).

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