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One thing nobody's mentioned is that if your relative decides to file Form 3115, they'll need to calculate the correct depreciation basis from when they FIRST converted the property to rental use, not from today. This means figuring out the lower of: 1) Original purchase price + improvements - land value 2) Fair market value when converted to rental use - land value Then they apply the appropriate depreciation schedule (typically 27.5 years straight-line for residential rental property). I made this mistake when fixing my missed depreciation and had to redo everything. Make sure they get the starting basis right!
What if they don't know what the fair market value was when they started renting it? Is there a way to figure that out after the fact? My property was inherited so I have no idea what it was worth when I started renting it out 8 years ago.
You can establish the fair market value retroactively. One approach is to look at comparable sales in the same neighborhood around that time period. Real estate websites sometimes have historical data, or you could ask a realtor to help with a retroactive market analysis. You could also check property tax assessments from that year, though these are often lower than actual market values. Typically you'd take the assessed value and apply a multiplier based on your county's assessment ratio. Another option is to get a professional retroactive appraisal. Some appraisers specialize in this. It costs money but provides good documentation if you're ever audited.
Quick warning to the OP - I was in almost the exact situation (missed depreciation on a duplex for 7 years). When I filed Form 3115, it triggered a correspondence audit. Not saying it will happen to your relative, but they should be prepared with good records just in case. The audit wasn't terrible, but I had to provide: purchase documents, proof when I converted to rental use, rental income records, and documentation of my depreciation calculations. Everything worked out fine in the end, but it was stressful for a few months.
I just went through this with TaxAct too. For interest over $1,500, you do need Schedule B. But here's a tip: switch to FreeTaxUSA. They include Schedule B in their free federal filing. I switched last year when TurboTax tried to upcharge me for the same reason. FreeTaxUSA charged me $0 for federal with Schedule B (just had to pay like $15 for state).
Have you had any issues with FreeTaxUSA? I've used TurboTax for years and I'm nervous about changing. Does it import previous returns or do you have to start from scratch?
I've used it for two years now with no issues. Their interface isn't quite as polished as TurboTax, but it gets the job done perfectly fine. You can't directly import a TurboTax return, but you can use your previous year's PDF to reference information. The learning curve is minimal - takes maybe an extra 15 minutes your first time, but you save $40-90 compared to TurboTax. Their customer service was also surprisingly responsive when I had questions about reporting multiple interest accounts on Schedule B.
Pro tip: don't let tax software upsell you! Schedule B is literally just listing your interest sources. Mine looked like this: Bank Name: $2,200 Total: $2,200 That's it! I used Cash App Taxes (formerly Credit Karma Tax) and paid $0 for both federal and state, including Schedule B. TurboTax is notorious for making simple things seem complicated so they can charge you.
Thanks for posting this! Is Cash App Taxes actually reliable though? I'm always worried about these free services having hidden catches or missing something important.
Just wanted to share a suggestion that nobody mentioned - if you're near a college campus, many accounting programs offer free tax clinics where students (supervised by professors/CPAs) can help with amendments. I had an EITC amendment done through my local university's accounting department last year and it didn't cost me anything. The students actually did a really thorough job because they're learning and want to get everything perfect. They printed everything for me and even gave me a pre-addressed envelope to mail it. Only downside is you might need to wait for their availability, but if cost is the main concern, this is definitely worth looking into.
Do you know if these tax clinics are available year-round or just during tax season? I never thought about checking with universities.
Many of the university tax clinics do operate year-round specifically for amendments and other non-filing season issues, but with reduced hours. At my local university, they run the full clinic during tax season (Jan-Apr) and then have limited hours (usually one day per week) during the off-season. The best approach is to call the business or accounting department of nearby colleges and ask if they have a VITA program or tax assistance clinic. Community colleges sometimes offer these services too, not just four-year universities. Some will even help with state amendments which can be trickier than federal ones.
Has anyone tried the "Get Transcript" tool on the IRS website? I amended my return last year and needed my AGI from the original filing, but couldn't find my paperwork. The online transcript tool let me download my original return info which made filling out the 1040-X way easier. Just need to create an account on IRS.gov.
The transcript tool is super helpful, but I had trouble verifying my identity when creating an account. They kept rejecting my phone number for some reason. Did you have any issues with the verification process?
I've prepared partnership returns for 15+ years and can confirm what others have said - rental income should NOT be subject to SE tax, regardless of who's paying the rent. The current preparer is making a fundamental error. One thing to watch for: If there are services being provided along with the rental (like property management), that portion could potentially be ordinary business income. Make sure you're separating pure rental income from any service income when you reclassify.
What about the prior year loss issue? If they reclassify prior years, won't that potentially create passive loss limitations that weren't applied before? Could that actually hurt the partners if they didn't have other passive income in those years?
You raise a valid concern. Reclassifying prior year income/losses from ordinary to rental could trigger passive activity loss limitations that weren't previously applied. If the partners didn't have sufficient passive income from other sources, some losses that were previously deducted might be suspended. This requires a careful analysis of the partners' entire tax situation for those years. The self-rental rule might actually help here - if the rental partnership leases to a business in which the partners materially participate, the rental income might be treated as nonpassive under the self-rental recharacterization rules, which could allow the losses to remain deductible. It's definitely worth running the numbers both ways before amending.
Has anyone dealt with a situation where the partnership owned both a business and rental properties in the same entity? We have a partnership that has both an operating business and owns the building they operate from. Currently showing all income on page 1, but reading this thread makes me think we need to split it up.
You absolutely need to separate those activities. The rental portion should be reported separately from the operating business. There are several ways to handle this, but the simplest is probably to report the business operations on page 1 and the rental activity on Schedule K and the appropriate rental real estate income lines. This ensures the rental income isn't subject to SE tax.
Amina Sow
The biggest differences in refunds between people with similar incomes usually comes down to: 1) Withholding differences - how you filled out your W-4 2) Retirement contributions - 401k, IRA, etc. reduce taxable income 3) Health insurance premiums if paid pre-tax 4) Tax credits you might qualify for that your friend doesn't 5) Itemized deductions vs standard deduction 6) Additional income sources like investments or side jobs Check your W-2 box 2 to see how much federal tax was actually withheld from your paychecks last year. Then compare that percentage to your total income. Your friend probably had a lower withholding percentage.
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GalaxyGazer
ā¢Don't forget student loan interest! That can be a significant deduction for many people making around $65k and can result in very different refund amounts between otherwise similar tax situations.
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Amina Sow
ā¢That's a great point! Student loan interest deductions can reduce taxable income by up to $2,500 in 2024, which could easily account for several hundred dollars in tax differences. Other factors I didn't mention that could cause refund differences include charitable donations if someone itemizes, medical expenses over 7.5% of AGI, and whether someone qualifies for education credits like the Lifetime Learning Credit or American Opportunity Credit.
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Oliver Wagner
has anybody ever adjusted their w4 to get more money during the year and then ended up owing a lot at tax time? im scared to change mine because i dont want a surprise bill next year. i usually get about 2k back and use it to pay off holiday debt.
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Natasha Kuznetsova
ā¢I did this last year and it backfired. Updated my W-4 to get more in each check but didn't calculate correctly. Ended up owing $800 at tax time which I wasn't prepared for. If you're going to adjust, use the IRS withholding calculator on their website to be precise. Don't just guess like I did.
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