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Just to add another perspective on Form 8863 - make sure you're keeping track of which year you're claiming the American Opportunity Credit for each student. You can only claim it for 4 tax years per eligible student, and they don't have to be consecutive years. I messed this up with my older daughter when she took a gap year in the middle of college, and we almost lost a year of credits. Double check if you've claimed it in previous years!
What happens if your kid takes more than 4 years to graduate? My son is probably going to take 5 years to finish his degree. Can I still claim anything in that fifth year?
After you've used the American Opportunity Credit for 4 years, you can still claim the Lifetime Learning Credit for any additional years. The Lifetime Learning Credit doesn't have the 4-year limit that AOTC has. The Lifetime Learning Credit is worth less overall (20% of up to $10,000 in qualified expenses, so maximum $2,000 credit), compared to AOTC which can be up to $2,500. But it's definitely better than nothing for that fifth year! Also, Lifetime Learning has fewer restrictions - doesn't require half-time enrollment and can be used for graduate school too.
Has anyone had luck claiming the education credit when the 1098-T box 1 (payments received) is LESS than box 5 (scholarships)? My daughter got a big scholarship that covered tuition plus some room & board, but I know some of those living expenses aren't qualified education expenses anyway.
I dealt with this last year. If box 5 is larger than box 1, it usually means the scholarship/grant money exceeded qualified tuition expenses. You generally can't claim a credit in this case because there are no "out-of-pocket" qualified expenses. BUT - here's the trick: If your scholarship/grant is more than qualified expenses, you can choose to treat some of the scholarship as taxable income to your daughter, which then allows you to claim a credit for that same amount of expenses. This sometimes works out better overall, especially if your daughter has little/no other income.
Make sure you have her death certificate handy when you file. They might not ask for it, but if they do audit you later it's an important document to have. Also don't forget about any medical expenses you paid for her - those can be deductible too if they're over a certain amount of your income.
Do I need to submit the death certificate with my tax return or just keep it with my records in case they ask? And thanks for mentioning the medical expenses - she had quite a few in those last couple months that I paid out of pocket.
You don't need to submit the death certificate with your tax return - just keep it with your tax records in case of an audit. The IRS generally doesn't require supporting documentation when you file, but you should keep it for at least 3 years after filing. Definitely add up those medical expenses! If your total medical expenses exceed 7.5% of your adjusted gross income, you can deduct the amount over that threshold. Since you were claiming your mom as a dependent, any medical expenses you paid for her care count toward your medical expense deduction.
Has anyone dealt with social security after a parent passes? My dad was getting monthly checks and one came after he died. Not sure if I need to return it or report it somewhere on taxes??
One thing to consider is that you may be able to do a 1031 exchange to defer the recapture tax. If you're planning to invest in another rental property, you could roll your proceeds from this sale into the new property and postpone paying the recapture tax until you eventually sell the replacement property. The rules are strict though - you need to identify the replacement property within 45 days of selling your current one and complete the purchase within 180 days. Also, you'll need to use a qualified intermediary to hold the funds between sales.
That's actually a really interesting option I hadn't considered. How complicated is the 1031 exchange process? And would I still be able to do this if I'm potentially downsizing to a less expensive rental property?
The 1031 exchange process isn't too complicated, but you absolutely need to follow the rules precisely - any misstep can disqualify the whole exchange. You definitely need to work with a qualified intermediary who specializes in these transactions, as they'll handle the paperwork and hold the funds. You can certainly downsize to a less expensive property, but there's a catch - if the replacement property is less expensive than what you sell your current property for, the difference (called "boot") will be taxable. So if you sell for $215k and buy for $180k, that $35k difference would be subject to capital gains and depreciation recapture taxes. Still, it allows you to defer taxes on the $180k portion, which could be worthwhile.
One thing nobody has mentioned yet is that the calculation for depreciation recapture can get more complicated if you've made significant improvements to the property during the rental period. Those improvements have their own depreciation schedules. For example, if you replaced the HVAC system or put on a new roof while it was a rental, those capital improvements would be depreciated separately from the building itself. When you sell, you'd need to recapture the depreciation on each improvement based on how long it had been depreciated.
This is such an important point! I messed this up on my tax return last year and had to file an amendment. I replaced all the windows in my rental and was depreciating them separately, but when I sold, I forgot to account for that specific recapture amount.
Don't forget that the wash sale rule can seriously mess with your "simple" profit and loss calculation. If you sell a security at a loss and buy the same or "substantially identical" security within 30 days before or after the sale, you can't immediately claim that loss for tax purposes. I learned this the hard way last year trading tech stocks. Thought I had a $15k net loss only to discover that most of my losses were disallowed because I kept jumping in and out of the same stocks. The losses didn't disappear forever, but they got added to the cost basis of my replacement shares instead of offsetting my gains.
Thank you so much for pointing this out! I didn't even consider wash sales. Looking at my trading pattern, I definitely bought back into some positions within that 30-day window after selling at a loss. Does the wash sale rule apply across different brokerage accounts too? Like if I sell at a loss on Fidelity and then buy the same stock on Robinhood within 30 days?
Yes, the wash sale rule absolutely applies across different brokerage accounts. The IRS doesn't care which platform you use - if you sell at a loss on Fidelity and buy the same stock on Robinhood within that 30-day window, it's still a wash sale. This is actually one of the biggest traps for traders who use multiple platforms. Your individual brokers won't know about trades you make elsewhere, so their reporting might not flag wash sales that actually exist when you look at all your accounts together. This is why tax software that can consolidate all your trading activity is valuable - it can identify wash sales that individual brokers miss.
Another thing to consider is that if trading is your actual job/business rather than just investing, the tax treatment can be completely different. If you qualify as a "trader" in the eyes of the IRS (which has specific requirements about frequency, volume, and intent), you might be eligible for "trader tax status" and could potentially elect the Section 475 mark-to-market accounting method. This would treat all your trades as ordinary income/loss rather than capital gains/losses, bypassing the $3,000 capital loss limitation and wash sale rules. But this is a serious election with major implications and specific deadlines.
Luca Greco
Something VERY important that nobody has mentioned - if you have a newborn child, you might actually benefit MORE from filing your own return and claiming your child as YOUR dependent rather than being claimed as a dependent yourself! With a dependent child, you might qualify for: - Child Tax Credit (up to $2,000) - Earned Income Credit (even with limited income) - Head of Household filing status (better tax rates) - Dependent Care Credit (if you pay for childcare) Even with minimal income, these credits could be worth WAY more than whatever benefit your brother would get from claiming you. Many are refundable, meaning you get them even if you owe no tax.
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CosmosCaptain
ā¢But what if I literally have zero income for 2024? Can I still file and claim these credits? My child was just born a month ago, and I'm still waiting on disability approval.
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Luca Greco
ā¢You can still file taxes with zero income, and you absolutely should if you have a dependent child. The Earned Income Credit has special rules that might apply even with zero earnings in your situation. For the Child Tax Credit, up to $1,600 per child is refundable (called the Additional Child Tax Credit), meaning you can receive it even if you have no tax liability. Since your child was born this year, they count as your dependent for the entire 2024 tax year.
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Nia Thompson
One other thing to consider - if your brother claims you as a dependent, that might affect your eligibility for certain benefits or the amount you receive. Some benefit programs look at household composition differently than the IRS does. For example, if you're applying for SNAP (food stamps) or certain housing assistance, being claimed as a dependent on someone else's taxes might change how they view your household situation.
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CosmosCaptain
ā¢That's actually a really important point I hadn't considered. I'm applying for several assistance programs right now while waiting on disability approval. I definitely don't want to mess up those applications.
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Nia Thompson
ā¢I'm glad you brought that up. Each program has different rules, but many require you to report if you're being claimed as a dependent on someone else's taxes. This could potentially: - Change your household size calculation for benefits - Affect income limits since they might count some of your brother's income - Impact housing assistance eligibility or priority I'd recommend contacting the specific programs you're applying for and asking directly how being claimed as a tax dependent would affect your application. It's much better to know beforehand than to have benefits reduced unexpectedly.
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