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I think there's something important no one has mentioned yet. Even if you qualify as an active investor through material participation, there's a very specific definition for "real estate professional" status that allows you to deduct losses against non-passive income (like your spouse's W2). To qualify as a real estate professional: 1. You must spend 750+ hours in real estate activities 2. More than 50% of your personal services must be in real estate businesses 3. You must materially participate in each rental property (unless you elect to group them) The grouping election is CRUCIAL and often overlooked. Make sure you file Form 8582 correctly and consider making an explicit grouping election of your properties as a single activity.

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NebulaNomad

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This is really helpful! I didn't know about this grouping election at all. Where exactly do I make this election? Is it something I need to file separately or is it part of the regular tax forms?

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You make the grouping election by attaching a statement to your tax return in the year you want to start the grouping. The statement should identify the properties you're grouping together and state that you're treating them as a single activity for passive activity purposes under Regulation 1.469-4(c). Once you make this election, it's binding for future years unless your facts and circumstances change significantly. The statement doesn't have a specific form - it's just a written declaration attached to your return. Many tax software programs don't prompt you for this, so you may need to create it separately and attach it as a PDF if filing electronically.

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I tried claiming real estate professional status a couple years ago and got audited. The IRS was primarily focused on my time logs. They wanted DETAILED records - not just "4 hours on Property A" but exactly what I did during those 4 hours. Just a warning to document everything meticulously!

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What tax software did you use when you got audited? I'm wondering if some programs flag these deductions more than others.

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I used TurboTax when I got audited. I don't think it was the software that triggered the audit though - from what the auditor told me, it was more that claiming real estate professional status with significant losses is just a common audit trigger, especially with higher household income. The auditor specifically looked for contemporaneous documentation - meaning records created at the time I did the work, not reconstructed later. They were suspicious of round numbers (like exactly 4.0 hours) and wanted to see variation in my time logs to make them seem more authentic. My recommendation: keep a daily log using a time-tracking app or detailed calendar entries.

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4 I've been in HR for 15 years and this is unfortunately common with small businesses. They often don't understand their legal obligations or try to cut corners with payroll compliance. One thing to check - do you have access to an online employee portal through Paycor? Many payroll companies have employee self-service where you can download your own W-2 even if the employer hasn't distributed them. Worth asking your former boss if they set that up.

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7 I had a similar issue and found my W-2 in my Paycor account even though my employer said they "weren't ready yet." How would the original poster know if they have access? Is there a standard login page or something?

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4 Yes, Paycor has a standard employee self-service portal at secure.paycor.com where employees can log in. If your employer set it up, you would have received an email invitation at some point to create your account. Even former employees typically retain access to their documents for a period after leaving. If you never set up an account, you can try the "forgot password" option using your work email, or call Paycor's employee support line at 800-381-0053 and ask if you have an account associated with your employer. Sometimes they can help reset access if you can verify your identity.

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23 Has anyone actually reported an employer to the IRS for not providing W-2s? I'm curious what happens to them. My girlfriend's boss is doing the same thing to her and 3 other former employees - keeps saying "they're coming" but it's been weeks past the deadline.

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14 I reported a former employer two years ago. Called the IRS W-2 complaint line, gave all the details, and about 2 weeks later the employer suddenly emailed W-2s to everyone with a very apologetic note. Heard through a friend still working there that they got hit with some decent fines. Definitely worth reporting!

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Mateo Warren

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My timeline: Filed Feb 5, accepted same day, approved Feb 15, DD hit Feb 17. I have a simple return though - just W2 income, standard deduction. I think the complexity of your return makes a huge difference in timing. My sister claimed EITC and she's still waiting even though she filed before me.

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Kaylee Cook

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Thanks for sharing your timeline! Did you check the Where's My Refund tool at all during your wait? Just wondering if it was accurate or if your money showed up before the tool updated.

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Mateo Warren

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I checked Where's My Refund every few days. It was pretty accurate - showed "Return Received" until Feb 15, then switched to "Refund Approved" with my expected deposit date listed as Feb 17. The money actually hit my bank account around 3am on Feb 17, exactly as predicted. The tool only updates once a day (usually overnight), so it's not worth checking multiple times daily. If you have the IRS2Go app, it'll give you the same information but it's a little more convenient than going to the website each time.

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Sofia Price

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Had anyone filed with EITC or ACTC? Those credits always slow things down. My timeline: Filed Jan 29, accepted Jan 30, stuck on "Your refund is still being processed" until Feb 22, approved Feb 23, DD Feb 28. The delay was expected because of the EITC, but still frustrating every year.

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I claimed EITC and got my refund in the second wave. They legally can't issue EITC refunds before mid-February. Filed Jan 20, accepted Jan 21, approved Feb 18, DD Feb 22.

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I think everyone's missing something important here - if your mileage deduction was significant, you might want to consult with a tax professional who specializes in audit defense before submitting anything. They can sometimes negotiate better outcomes than you can on your own. I used to just submit whatever I had like everyone's suggesting, but in my last audit, having a pro made a $4,700 difference in what I ended up paying.

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How much did the tax pro cost tho? I talked to one when I got audited and they wanted $2,500 upfront! Seemed like throwing good money after bad.

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The cost really varies based on complexity. Mine was $1,200 for a fairly complicated schedule C audit, so the $4,700 saved was definitely worth it. For something more straightforward like just a mileage deduction issue, you might find someone for $500-800. Some offer free initial consultations where they can assess your situation and tell you if they think they can help enough to justify their fee. The key is finding someone who specializes in audit defense, not just a regular tax preparer who does audits occasionally.

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StarSeeker

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Has anyone tried recreating a mileage log using Google Maps timeline data? My tax guy told me that the state accepted this as supporting evidence in another client's audit since it shows where you actually were on specific dates.

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Ava Martinez

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I did exactly this! Google had my location history for 2021 when I got audited. I exported it all, created a spreadsheet showing dates, starting point, destination, mileage, and purpose of trip. The auditor accepted about 70% of it. They said it wasn't perfect but was "reasonable substantiation" given the circumstances.

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Ava Martinez

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Here's another approach I used for my excess HSA contribution: I actually left the money in the HSA and just contributed less the following year. Example: if the max contribution is $4150 and you over-contributed by $2100, you would only contribute $2050 the next year. You'll still pay the 6% excess tax one more time, but then it stops because you're effectively "using up" your excess contribution as part of the next year's allowed contribution. This might be easier than withdrawing if your HSA administrator makes that process complicated.

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Mei Wong

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So if I understand correctly, I could leave my $2100 excess in there, pay the 6% tax one more time for 2024, but then for 2025 I would only contribute $2050 instead of the full $4150? And then everything would be back to normal going forward? That actually sounds easier than trying to get my HSA administrator to do a special withdrawal.

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Ava Martinez

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Exactly right! You'll pay the 6% tax ($126) one more time when you file your 2024 return, but then for 2025, you'd only contribute $2050 instead of the full $4150. This way, your total 2025 contribution (including the $2100 excess that remained in your account) equals the maximum allowed contribution. After that, everything is back to normal for 2026 and you can resume contributing the full annual limit. Many people find this approach simpler than dealing with the withdrawal process, especially if your HSA administrator has a complicated process or charges fees for excess contribution withdrawals.

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Miguel Ramos

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I'm confused about whether the 6% tax applies in the year you over-contributed or the following year? If I over-contributed in 2023 but didn't realize it until filing my 2023 taxes in 2024, when do I actually pay the tax?

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The 6% excess contribution tax applies to the tax year in which the excess contribution occurred. So if you over-contributed in 2023, you'd pay the tax when filing your 2023 tax return (which you'd typically file in early 2024). If you don't correct the excess contribution by withdrawing it or using it up (by contributing less in a later year), then you'll continue paying the 6% tax in each subsequent year until the situation is fixed. That's why the original poster is facing another 6% tax for 2024 - because the excess from 2023 is still sitting in their HSA.

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