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Ask the community...

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This is definitely more complex than your usual tax situation. Form 8594 is for allocating purchase price in business asset sales, so I don't think that applies to your home sale. Given all the complexities you're dealing with (partial home ownership, sale after a death, plus multiple retirement transactions), this is probably the year to get professional help. A good CPA will likely save you more than they cost by making sure everything is reported correctly, especially with all those retirement account transactions.

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If I do go to a CPA, what documents should I bring with me? I want to be prepared so I don't have to keep going back with more paperwork.

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Bring the deed showing when you were added to the title, the closing documents from the sale, any documentation showing improvements made to the home that might affect basis, and anything showing the original purchase price when your father bought it. For the retirement accounts, bring all 1099-R forms, statements showing the withdrawals and deposits, and documentation from both the old and new retirement plan administrators. Also bring your last year's tax return and any correspondence you've had with the IRS. If you have documentation of any hardship that led to the withdrawals, that could be helpful too as it might qualify you for penalty exceptions.

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Sean Murphy

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I had a similar situation last year and thought I needed form 8594 too! My tax person actually laughed (nicely) and explained that's for business assets. For a home that you owned with your father and then sold, you'll need Schedule D and Form 8949 to report the capital gain. Since you were already on the title before your father passed, your basis is going to be complicated. Part of it will be your father's original basis (for his portion) and part might be the fair market value at the time of death (for the inherited portion if you inherited any additional share).

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Zara Khan

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Do they also need to worry about the Section 121 exclusion for primary residence? If they lived in the house for 2 of the last 5 years, couldn't they exclude some of the gain?

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Luca Romano

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One thing nobody's mentioned yet is that you should look into setting up an LLC for your rental property. I have 3 rental properties and keeping them in an LLC structure has saved me a ton in taxes plus gives liability protection. Talk to both a tax pro AND a lawyer though because there are specific ways you need to set it up for it to be beneficial tax-wise.

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Nia Jackson

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Does putting a rental property in an LLC actually save on taxes though? I thought LLCs are pass-through entities so the tax treatment is the same as individual ownership? Also doesn't it make the mortgage situation more complicated?

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Luca Romano

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You're right that a single-member LLC is typically a pass-through entity and doesn't change the tax treatment by itself. I should have been more clear. The tax savings come from strategies you can implement once you have the proper structure in place, not just from having an LLC. The real benefits come when you combine the LLC with proper tax planning like implementing a management company structure or potentially electing S-corp taxation for your activities depending on your situation. And yes, transferring mortgaged properties into an LLC can trigger due-on-sale clauses in some cases, so that's exactly why I recommended consulting with both tax and legal professionals before making any moves.

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Omg I'm in a similar situation and the thing that's saved me is keeping SUPER detailed records. Like I have separate credit cards for each income stream (freelance vs rental) and I use QuickBooks to track everything separately. One tip: take pics of all receipts for rental repairs with your phone and save them to a specific folder. My tax person said this has saved us HOURS during tax prep! And it's a lifesaver if you ever get audited.

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What app do you use for storing receipts? I've been trying to find a good one that will organize by property and expense type.

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Need advice on Foreign per diem deductions - Two CPAs giving opposite advice on IRS rules?

Hey tax folks, I've run into a weird situation with my tax advisors and could really use some guidance on finding the actual IRS rules. I run a small photography business (single-member LLC filing as S-corp) where I travel internationally for wedding shoots and commercial work. I spend about 3-4 months each year overseas for various gigs. My previous accountant (who retired last year) always had me document my international travel days with dates, cities, and countries. Then we'd use the State Department's published per diem rates for those specific cities as my business deduction. The big advantage was not needing to keep every single meal and taxi receipt from places where I might not even get a receipt. As long as I had my contracts, airline tickets, and hotel bookings to prove business purpose, we were good. My new accountant is saying that's completely wrong and I can ONLY deduct actual expenses with receipts for everything while traveling internationally. She's insisting there's no per diem option for foreign travel. I've tried searching online and found some articles suggesting my old CPA was right, but I can't find the specific IRS citation that would confirm it. I'm not trying to fake vacation expenses - these are legitimate business trips where I'm working 12+ hour days. Any tax pros here who can point me to the actual IRS rules on foreign per diem rates for self-employed S-corp owners? Thanks in advance!

Emma Olsen

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One important detail I haven't seen mentioned yet - there's a difference between being self-employed and being an S-corp owner who's technically an employee of their own corporation. If you're operating as an S-corp (as you mentioned), technically your corporation would establish an accountable plan that reimburses you, the employee, for travel expenses using the per diem rates. The corporation then deducts these amounts. This is slightly different from how sole proprietors handle it. Just worth noting since your business structure matters for exactly how you implement this.

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That's a great point I hadn't thought about. So should I be submitting some kind of expense report to my own S-corp for reimbursement? Or is it enough to just document everything in my company records?

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Emma Olsen

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You should definitely be submitting formal expense reports to your S-corp for reimbursement. This creates the proper documentation that shows you're following an "accountable plan" which is critical for this arrangement to work properly with the IRS. The expense report should include the business purpose, dates of travel, locations, and calculation of the per diem amounts based on the State Department rates. Your S-corp should then reimburse you directly for these expenses. In your company records, these would be logged as business travel expenses, and on your personal taxes, the reimbursements wouldn't be considered income since they're under an accountable plan.

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Has anyone used H&R Block or TurboTax for situations like this? I'm in a similar situation but don't have an accountant and wondering if the tax software can handle foreign per diem calculations.

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Sophie Duck

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I tried using TurboTax for this last year and it was a nightmare. The software doesn't have clear guidance on foreign per diems. I ended up manually calculating everything and entering it as "other business expenses" with detailed notes. Not ideal but it worked.

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Another option nobody mentioned is checking if your W2 is available online. A lot of employers use payroll services like ADP, Paychex, or Gusto that let you access your tax documents online even after you leave the company. Try logging into the payroll portal you used when you worked there, or ask a current employee which service they use. Also, if you filed with them last year, sometimes tax preparation services like H&R Block or TurboTax will have your previous W2 information saved in your account that might help with the estimates.

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This is solid advice! My employer uses UltiPro and I was able to log in and download my W2 even though I left the company in November. Totally forgot I had that access.

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That's great to hear it worked for you! Many people don't realize these payroll portals often maintain your access for a period of time after employment ends, specifically for tax document purposes. If anyone else is trying this method, also check your email for any invitations to these portals when you were hired. Sometimes the login credentials or reset instructions are still valid. Even if your account appears inactive, customer service for these payroll providers can sometimes help former employees access just their tax documents.

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Just a heads up that if it gets too close to the filing deadline and you still don't have your W2, you can always file for an extension using Form 4868. This gives you until October to file your actual return, though you still need to pay any estimated taxes you might owe by the regular deadline. The extension doesn't solve the missing W2 problem, but it gives you more time to get it sorted out without penalty. I had to do this two years ago and eventually got my W2 in June when my old boss finally got around to sending them.

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Beth Ford

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Won't an extension delay my refund though? I'm counting on that money for some bills coming up in March.

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CyberNinja

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Don't forget about self-employment tax! That's an extra 15.3% on top of regular income tax for your freelance earnings. That's probably why you're owing $1600 - it's not just income tax. The good news is you can deduct 50% of the self-employment tax on your 1040, which helps a bit. And PLEASE make sure you're tracking all business miles if you ever drive for your freelance work - those add up fast at 65.5 cents per mile for 2023!

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Omar Hassan

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Thanks for mentioning this! I had no idea about the self-employment tax being that high. Do I get any credit for the social security/medicare taxes I'm already paying through my W2 job? And for the mileage deduction, does driving to client meetings count?

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CyberNinja

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There's a cap on Social Security tax (not Medicare) - if your W2 job already withholds the max Social Security tax ($9,932 for 2023, which happens at $160,200 of income), then you won't owe additional Social Security tax on your freelance income, just the Medicare portion. Driving to client meetings absolutely counts as deductible business mileage! Keep a log with dates, starting/ending mileage, and purpose of each trip. Commuting to a regular workplace isn't deductible, but since your freelance clients aren't a regular workplace, those trips qualify. You can also deduct trips to buy business supplies, attend work-related conferences, etc.

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Mateo Lopez

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Pro tip: get a separate credit card just for your business expenses. Makes tracking SOOO much easier at tax time! I did this and it cut my prep time in half.

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This is the best advice! I started doing this last year and it's been amazing for keeping things organized. I also set up a separate checking account for all my freelance income. My accountant was super impressed with how clean my books were.

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