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Has anyone considered the mortgage implications of transferring title? If there's still a mortgage on the property, transferring title to a spouse might trigger a due-on-sale clause in your mortgage agreement, potentially making the entire loan balance due immediately.

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Malik Davis

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Good point! But I believe transfers between spouses are usually exempt from due-on-sale clauses under the Garn-St. Germain Act. Still worth checking your specific mortgage terms though.

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Just want to correct something I'm seeing in this thread. Adding your spouse to the title doesn't help with capital gains, but it CAN potentially help with STEP-UP BASIS if one spouse passes away. That's a completely different situation but important to understand for long-term planning. If the property is held jointly with rights of survivorship and one spouse dies, the surviving spouse often gets a stepped-up basis on the deceased spouse's portion of the property, which can reduce capital gains if they sell later.

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Has anyone dealt with a situation where there was partial rental use involved? My spouse owned our home before marriage, but rented out a room for about 18 months during the 10 years of ownership. I'm unclear how this affects the Section 121 calculation.

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Thanks for the info! We haven't been taking depreciation deductions for that rental period, but I didn't realize we might still need to deal with "allowed or allowable" depreciation. The room was about 15% of the total square footage. Do you know if we need to do separate calculations for each ownership period (her alone vs. after marriage), or can we just do one calculation for the whole ownership period?

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You'll need to handle the depreciation recapture for the portion that was rented (15% in your case) regardless of whether you took the deductions or not. The IRS considers depreciation to be "allowed or allowable" even if you didn't claim it. For your second question, you'll do one continuous calculation covering the entire ownership period. The fact that you got married during ownership doesn't create separate calculation periods. What matters is the total qualified use as a primary residence. You'll track the entire ownership timeline, identify the rental period for that 15% portion, and then calculate accordingly. The marriage itself doesn't reset or change the calculation method - it just potentially increases your exclusion amount from $250K to $500K if you both meet the use test.

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Rajiv Kumar

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Wonder if you guys have recommendations for tax software that handles this situation well? I'm in a similar boat and TurboTax seemed confused when I entered our info.

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Rajiv Kumar

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Thanks! I'll give H&R Block a try. I've got all our documentation organized, including the substantial kitchen renovation we did that should increase our basis. Anything specific I should watch for when entering the info about the pre-marriage ownership period?

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When entering the pre-marriage ownership period, make sure you correctly identify who owned the property during each timeframe. H&R Block will specifically ask about the ownership history. Be careful to enter the original purchase date and amount accurately for the spouse who owned it first. For your kitchen renovation, definitely include that as it increases your basis and reduces your capital gain. The software will prompt you to enter major improvements separately from the purchase price. Also, don't forget to include selling costs (like realtor commissions and closing costs) as they also reduce your taxable gain. The software does a good job walking you through all of this, just be methodical about following each step.

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I'm a bookkeeper for several small businesses and see this situation often. One important thing no one has mentioned: You need to be able to prove your consulting work was legitimate and priced at market rate. The IRS looks closely at family business transactions to make sure they're not just tax arrangements. Make sure you have: 1. A written agreement/contract for your services 2. Invoices for work performed 3. Proof of payment (checks/transfers, not cash) 4. Documentation of actual work (reports, spreadsheets, emails) 5. Proof that your mom's business paid you a reasonable market rate Without these, even with modest vehicle deductions, you could face issues if audited.

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Does it matter if the family member business is an S-Corp vs sole proprietor? My sister started paying me for IT work but her business is just a Schedule C.

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The business structure does make some difference in how the transactions are reported, but the fundamental requirement that transactions be legitimate business activities at fair market value applies regardless of structure. With an S-Corp, there's typically more formal documentation and separation between the business and owner, which can help establish legitimacy. With a sole proprietor/Schedule C business, transactions between family members often receive more scrutiny because the line between business and personal is less formal.

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Emma Morales

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Aren't you making this way more complicated than it needs to be? Just claim the standard mileage rate for those 325 business miles and be done with it. That's about $195 in deductions, so you'd still report $1,305 in net profit. Yeah you'll pay some tax but honestly claiming a $14k loss on $1,500 income is basically asking for an audit, especially with family transactions lol

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This is the most sensible advice here. The standard mileage rate is so much simpler and the IRS rarely questions it as long as you have a mileage log. Taking huge vehicle depreciation for minimal business use is asking for trouble. The IRS isn't stupid.

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Mia Roberts

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Don't forget to track all the improvements you made to your 2016 house! Those get added to your cost basis and reduce any potential capital gains. Keep receipts for things like: - New roof - HVAC systems - Kitchen remodels - Bathroom renovations - Finished basements - Major landscaping - Driveways - Windows & doors I made the mistake of not tracking these over the years and probably lost out on thousands in tax savings when I sold my house in 2024.

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So these improvements would increase my basis in the home and therefore reduce the calculated gain? I've done quite a bit to the house over the years - replaced all windows, completely renovated the kitchen, added a bathroom, and put in a new HVAC system. I didn't realize those would factor into the capital gains calculation.

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Mia Roberts

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Exactly right! All those improvements you mentioned increase your cost basis, which means less taxable gain when you sell. The formula is basically: Sale price - (Purchase price + Improvements + Selling costs) = Capital gain. Those renovations you mentioned are perfect examples of what qualifies. The new windows, kitchen renovation, additional bathroom, and HVAC replacement all increase your basis. Make sure you have documentation for these expenses if possible. Even if you don't have every receipt, estimates with supporting evidence (like before/after photos, contractor statements, etc.) can help if you're ever audited. This could potentially save you thousands in taxes!

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The Boss

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Has anybody mentioned the "safe harbor rule"? If you've used your 2016 property as a rental at all during the last few years, there's a specific provision that might help.

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The safe harbor rule usually applies to whether something qualifies as a repair vs. capital improvement, not to capital gains exclusions on home sales. I think you might be mixing up concepts?

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Jamal Brown

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Make sure you're tracking your mileage correctly going forward! For it to be valid for tax purposes, you need: - Start and end odometer readings - Date of each trip - Business purpose - Destination I use MileIQ app which does most of this automatically. Worth every penny for the peace of mind.

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Mei Zhang

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Are there any free alternatives to MileIQ? I'm trying to keep expenses down while starting my business.

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Jamal Brown

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Stride is a good free alternative that many of my clients use. It doesn't have all the premium features of MileIQ, but it covers the basics the IRS requires. Some people just use Google Maps to calculate distances and keep a simple spreadsheet with dates and purposes. That works too as long as you're consistent and record everything promptly.

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Important question: when you refile, make sure you check if you qualify for the Qualified Business Income Deduction (Section 199A). As a 1099 contractor making under $170,050 (single) or $340,100 (married), you likely qualify for an additional 20% deduction on your net income AFTER expenses like mileage. This can save you thousands more!

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Wait what?? I've been filing self-employed for 3 years and never heard of this. Is this something new?

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My accountant mentioned this last year. It's not new, been around since 2018 but many self-employed people miss it. Definitely worth looking into if you're filing a 1099.

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