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One thing nobody's mentioned yet is that if you're planning to sell the house within a few years, the capital gains exclusion is $250k for singles and $500k for married couples. So if your house appreciates a lot, being married when you sell could save you a ton in taxes. Just something else to consider for the long-term picture.
That's a really good point I hadn't considered. We're not planning to sell anytime soon, but the housing market in our area has been growing pretty rapidly. Do you know if there are any requirements about how long you need to be married to qualify for the full $500k exclusion when selling?
To qualify for the full $500K married exclusion when selling, you need to have owned and lived in the home as your primary residence for at least 2 of the last 5 years before selling. And you need to be married when you sell the house, not necessarily when you bought it. The ownership test and the residence test are separate, so you need to meet both. As long as you're married when you sell and meet those requirements, you should be eligible for the full $500K exclusion regardless of when the marriage occurred during your ownership period.
Has anyone mentioned the potential downside of marriage for SALT deductions? With the $10k cap on state and local tax deductions, two single people can each deduct up to $10k (potential $20k total) but married couples are limited to $10k combined. This really hurt my wife and I when we got married since we both pay high property taxes.
I was a personal representative for my aunt's estate in Massachusetts last year. We did file Form 4810 and had no issues. Our lawyer recommended it as standard practice, especially since the estate was straightforward like yours. Even though MA keeps the 3-year period, having the federal side closed sooner gave us peace of mind. One thing to note - make sure you've filed all the required federal tax returns for the estate before submitting Form 4810. The 18-month period doesn't start until all proper returns are filed.
Thanks for sharing your experience! Did filing the 4810 form trigger any kind of review or did they just accept it and that was that? Also, did you have to wait the full 18 months before considering everything officially "closed" with the IRS?
In our case, they simply accepted the form and we never heard anything from them afterward. There was no additional review triggered by filing Form 4810. We didn't have to wait the full 18 months to distribute assets or anything like that. The form just means they have 18 months to audit if they want to, but it doesn't prevent you from closing the estate otherwise. Our lawyer advised us that after about 6 months with no contact from the IRS, the chances of them looking at anything were extremely low. We considered everything effectively closed at that point, though technically the 18-month window was still open.
Quick question for anyone who's filed this form - should we wait to receive confirmation from the IRS after submitting Form 4810, or can we just assume they've received it and the 18-month clock has started ticking?
When we filed Form 4810 for my grandfather's estate, we sent it certified mail with return receipt so we'd have proof of when the IRS received it. The IRS doesn't typically send any confirmation that they've processed the form or approved your request. The 18-month period starts from when they receive a properly completed form.
Thanks, that's really helpful to know! I'll definitely send it certified mail then. One more thing - did your attorney recommend filing this right after submitting the estate's final tax return, or is there a specific waiting period?
One thing nobody's mentioned yet - if you reinvest in another property as your primary residence, you might be able to use the Section 121 exclusion in the future. Won't help with the depreciation recapture specifically, but might save you on other capital gains in the future. Also, check if you have any suspended passive losses from the property that could offset some of the recapture income. Sometimes if you couldn't take passive losses in previous years due to income limitations, they get suspended until you dispose of the property.
Thanks for mentioning this! I think I might actually have some suspended passive losses from years when my income was too high to claim them. How exactly do I check for this? Is it on a specific form from previous tax returns?
You'd need to look at your Form 8582 (Passive Activity Loss Limitations) from previous tax years. If you had passive losses that couldn't be used in a particular year due to income limitations, they would be carried forward and should be documented there. The unused losses accumulate over the years, and when you dispose of the property in a taxable transaction (like your sale), you can generally use all the suspended losses related to that property. This could significantly reduce the tax impact of your sale and the depreciation recapture.
Has anyone used a cost segregation study to minimize the depreciation recapture hit? I did this on my last property and it seemed to help, but I'm not sure if it was worth the cost of the study.
Cost segregation is great when you're starting out with a property because you can accelerate depreciation on components with shorter lives (5, 7, 15 years instead of 27.5 years for residential). But it's a double-edged sword when selling because you'll face recapture on those components too. The benefit is that personal property components (5-7 year property) get recaptured at your ordinary income rate, not the 25% rate that applies to real property depreciation. So if your tax bracket is lower than 25%, it can help.
2 Don't forget about improvements! If your aunt or you made any major improvements to the property (new roof, renovation, addition, etc.), those can be added to your basis and reduce your capital gains. You'll need receipts though!
1 I actually did replace the HVAC system about 6 months after inheriting it. Would that count? It cost around $9,000. I should have the receipt somewhere in my email.
2 Yes, that absolutely counts! A new HVAC system is considered a capital improvement, not just a repair. Make sure to add that $9,000 to your stepped-up basis. Any significant improvements that extend the life of the property or add value can be included. Just make sure you have that receipt handy in case of an audit.
3 Has anyone used a tax professional for this kind of situation? My tax software is confusing me with all these basis questions and I'm worried about making a mistake.
Jackson Carter
To answer your original question - a GOOD tax preparer should be finding you every legitimate deduction you qualify for while keeping everything accurate and documented. It's not an either/or situation. My accountant helped me deduct about $4200 more than I thought possible when I started my small business, but she also insisted on proper documentation for everything. She explained that aggressive but legitimate deductions are fine, but we need records to back everything up. The real value isn't just in finding deductions - it's in their knowledge of what's allowed, what requires special documentation, and what might trigger audits. Anyone promising huge magical deductions without talking about documentation is probably sketchy.
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Ian Armstrong
ā¢That's helpful, thank you. How much should I expect to pay for a quality preparer who will do both (ensure accuracy and find legitimate deductions)? I don't want to overpay, but I also understand that expertise costs money.
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Jackson Carter
ā¢For a situation like yours with a home purchase and some freelance work, expect to pay somewhere between $350-600 for a quality tax preparer, depending on your location and the complexity of your freelance activities. If your freelance work is more involved with lots of expenses and equipment, it might go higher. It's an investment, but a good preparer can often find deductions that more than cover their fee. Just make sure whoever you choose is asking detailed questions about your situation rather than just collecting your W-2s and basic info. The more questions they ask, the more likely they're looking for those legitimate deductions you might qualify for.
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Kolton Murphy
I actually switched from a "find every deduction" guy to a more conservative preparer after getting audited three years ago. My old preparer found me tons of deductions but didn't explain what documentation I needed. When I got audited I was completely unprepared. My new accountant is super thorough and explains everything. She still finds deductions but is careful to make sure I understand what records to keep. I actually get roughly the same refund amount but with WAY less anxiety. Good tax prep isnt about being aggressive or conservative - its about being THOROUGH and KNOWLEDGEABLE. Good preparers know exactly where the lines are and help you get every benefit you're entitled to without crossing those lines.
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Evelyn Rivera
ā¢What kind of deductions triggered your audit? I'm always nervous about claiming home office or business expenses even though I legitimately work from home half the time.
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