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I'm a wealth management advisor who works with several HNW real estate investors. Beyond just attorneys and CPAs, make sure your clients have a comprehensive team that includes: 1. A real estate-focused wealth strategist who can coordinate between all the specialists 2. An estate planning attorney (separate from the tax attorney) 3. A CPA who specifically handles real estate investments 4. A cost segregation specialist to maximize depreciation benefits The biggest mistake I see with new real estate investors is treating properties as isolated investments rather than creating a cohesive strategy across their entire portfolio. Each new acquisition should be evaluated not just on its own merits but how it affects their overall tax situation.
How often should HNW clients have their tax strategy reviewed? Is it something that needs adjustment every year or is a good strategy supposed to last for several years? And does having multiple properties across different states complicate things significantly?
Tax strategies should be reviewed quarterly at minimum, with a comprehensive overhaul annually. Tax laws change frequently, and as a portfolio grows, different strategies become available. What works for 3-4 properties often becomes suboptimal at 10-12 properties. Multi-state portfolios absolutely complicate matters and often require state-specific expertise. Each state has different tax treatments for out-of-state owners, and some entity structures that work well in one state can create unnecessary tax burdens in others. This is especially true with states like California, New York, and Texas, which have very different approaches to taxation.
Don't forget about DSTs (Delaware Statutory Trusts) as an option for HNW real estate investors! I've seen several families use these effectively as part of their 1031 exchange strategy, especially when they want to diversify but stay in real estate. The real magic happens when you combine entity structuring with proper timing of recognizing income and losses. We've had clients save literally millions by properly sequencing when they sell properties and when they accelerate expenses.
DSTs have serious downsides though. You lose operational control, returns are often lower than direct ownership, and the fees can be substantial. Plus, you're locked in for the duration with very limited liquidity. They're not always the best choice for active investors who want to grow their portfolio.
Your mom should pull any files for clients who claimed EITC, CTC, AOTC, or HOH status from the last year. Those are the typical targets for due diligence visits. Make sure she has Form 8867 (Paid Preparer's Due Diligence Checklist) for each of those returns with all questions answered. The IRS is checking if she's doing the required verification before claiming these credits.
That's really helpful - I'll make sure she focuses on those specific credits first. Is there anything else she should have ready besides the Form 8867 and supporting documentation?
She should also have her written due diligence procedures available - even if it's just a basic checklist of what she asks clients and what documents she collects. The IRS wants to see that she has a consistent process. Also have her review her records for any cases where she might have rejected claiming a credit when a client couldn't provide adequate documentation. This shows the IRS she's not just rubber-stamping everything. And remind her that they'll likely ask questions about her knowledge of the eligibility requirements for these credits, so a quick review of the current rules wouldn't hurt.
As a preparer who went through this, the best advice is DON'T PANIC! The consequences really depend on what they find. Minor issues usually just mean recommendations. If they find significant failures (like claiming credits without proper documentation), penalties start around $540 per failure. But its usually per category of failure, not per mistake on each return. My visit took about 3 hours total.
Is there a way to know which returns they'll select? My practice got notice of a visit too and I'm freaking out trying to organize everything!
Make sure you learn from this for next year! Self-employment taxes are brutal if you're not prepared. As a 1099 contractor, you should be setting aside roughly 30% of ALL income for taxes and making quarterly estimated payments (due April 15, June 15, Sept 15, and Jan 15). I use a separate savings account just for taxes so I'm not tempted to touch that money. Every time I get paid, 30% immediately goes into the tax account. Also, consider talking to an actual CPA instead of using TurboTax. They can often find more deductions than the software and give you advice specific to your situation. Mine costs about $350 but saves me thousands.
It really depends on your income level, state taxes, and available deductions. For many people, 30% is a good starting point, but if you're in a high-tax state or making over $100k, you might need to set aside more like 35-40%. If you found 35% wasn't enough last year, try bumping it up to 38-40%. It's always better to end up with a small refund than to owe more than you expected. Also make sure you're maximizing your business deductions - things like home office, business mileage, health insurance premiums, and retirement contributions can significantly reduce your taxable income.
One thing nobody mentioned - if your tax bill is really high and you can't pay it all even with a payment plan, you might qualify for an Offer in Compromise where the IRS settles for less than the full amount. You have to prove financial hardship though. Also, look into SEP IRAs or Solo 401ks for next year - contributions reduce your taxable income and help you save for retirement. I reduced my tax bill by almost $8k last year by maxing out my SEP IRA.
Thanks for mentioning this! Do you know what qualifies as "financial hardship" for an Offer in Compromise? With my house repairs and existing debt, I'm definitely struggling financially, but I do still have income coming in.
The IRS looks at your assets, income, expenses, and ability to pay both now and in the future. There's no specific income threshold - instead, they calculate something called your "reasonable collection potential." In your case, having necessary home repairs (especially structural ones) and existing debt would be factors in your favor, but they'd also look at your ongoing income potential. The fact that you're actively working and earning would make an OIC harder to qualify for, but not impossible. The IRS has a pre-qualifier tool on their website that can give you a rough idea if you might qualify. But honestly, for most people with ongoing income, a payment plan is the more realistic option. The retirement account suggestion would be more helpful for reducing next year's taxes rather than dealing with what you currently owe.
I think everyone is overreacting to this news. I'm a small business attorney who works with dozens of clients affected by the CTA. Here's the real deal: this enforcement pause is almost certainly temporary. The Treasury Department is likely responding to legal challenges, but once those are resolved, enforcement will resume. My advice to clients remains unchanged: prepare your beneficial ownership information now so you're ready to file when needed. The requirements themselves haven't been eliminated, just the enforcement mechanism. For most legitimate small businesses, the reporting isn't actually that burdensome - it's identifying the beneficial owners (those with 25%+ ownership or substantial control) and providing basic information about them. Don't use this pause as an excuse to ignore your obligations completely, or you might find yourself scrambling when enforcement suddenly resumes.
What about companies formed in 2023? I thought we had different deadlines than older companies. Does this pause affect all businesses the same way?
Companies formed in 2023 fall under the "existing entities" category, which originally had until January 1, 2025 to file their initial reports. Companies formed in 2024 have 90 days from formation to file. The enforcement pause affects all businesses subject to the CTA equally - regardless of when they were formed. However, it's important to note that the technical legal requirement still exists for all applicable businesses, even though there's no enforcement mechanism currently in place. My recommendation remains to prepare your information so you're ready when enforcement resumes, which it almost certainly will.
Does anyone know if this affects companies that already filed their beneficial ownership information? I submitted mine in January when the requirements first went into effect. Did I waste my time? Should I be worried about the information being in their system now that they're not enforcing the rule?
You didn't waste your time. If anything, you're ahead of the game. The database still exists and your information is properly recorded. When enforcement resumes (which most experts think it will), you won't have to scramble like everyone else.
Sophia Long
One option nobody's mentioned - have you considered having your daughter remain as your dependent for this final year? The test for qualifying child includes support, and if you paid for more than half her support for the year (including that expensive final semester tuition, housing, etc.), you might still be able to claim her. If her job doesn't start until June, and you supported her completely until then, you might still meet the support test for the full year, especially if the tuition amount is significant. You'd need to calculate all support provided versus her income after graduation. This would allow you to claim the LLC since she would still be your dependent.
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Jeremiah Brown
ā¢I hadn't considered that approach! Her tuition for spring was around $15,000 plus I covered about $8,000 in housing and other expenses through May. Her job pays about $60,000 annually, so she'll make roughly $35,000 for the 7 months she works this year. Would the tuition I paid count toward the support calculation?
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Sophia Long
ā¢Yes, the tuition you paid absolutely counts as support! The IRS considers support to include tuition, fees, books, supplies, and room and board. So the $15,000 tuition plus the $8,000 in housing and other expenses means you provided $23,000 in support. For your daughter's income, it's not just what she earns but what she actually spends on support items. If she makes $35,000 but saves some of it or spends on non-support items like retirement contributions or entertainment, that doesn't all count as self-support. You'd need to calculate what she actually spends on housing, food, medical expenses, etc. after graduation.
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Angelica Smith
Just want to point out something important regarding the LLC that hasn't been mentioned yet. Unlike the AOTC which is partly refundable, the Lifetime Learning Credit is NON-REFUNDABLE. This means it can reduce your tax liability to zero, but you won't get any excess as a refund. This might affect your decision about who should claim it. If your daughter has a low tax liability in her first partial working year, she might not be able to use the full credit amount. If you have a higher tax liability, you might benefit more if you can legitimately claim her as a dependent.
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Logan Greenburg
ā¢This is such a good point! My son graduated last year and his tax liability for his first half-year of work was only about $3,000, so he couldn't use the full LLC amount. Would have been better if I could have claimed it since I was in a higher tax bracket.
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