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Ask the community...

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Beth Ford

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Just to add another perspective here - I'm a property manager who handles several short-term rentals for clients who have them in partnerships. Box 2 vs Box 3 makes a big difference because it affects how the income/losses are treated for self-employment tax purposes too. In my experience, Box 2 is ALWAYS used for any real estate rental, whether short-term or long-term. Box 3 is used for personal property rentals (like when you rent out equipment, vehicles, etc). The confusion comes from the passive activity rules in Pub 925, but those rules determine how you can use the losses, not which box you report them in.

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Sergio Neal

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Thanks for this explanation! This makes so much more sense now. So even though my Airbnb isn't a "rental activity" under passive activity rules, I still report it in Box 2 because it's physically real estate. Does this mean I might be limited in how I can use the losses though? Our partnership is showing about $13,500 in losses this year.

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Beth Ford

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Yes, you've got it exactly right - Box 2 is for the real estate itself regardless of how it's classified under passive activity rules. Regarding your losses, that's where the Pub 925 classification becomes important. Since short-term rentals (average stay <7 days) are considered "nonrental activities," you'll need to determine if you materially participate in the business. If you do materially participate (like managing bookings, coordinating cleanings, etc.), then the losses are nonpassive and can offset your other income like wages. If you don't materially participate, then the losses are passive and can only offset passive income.

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Does anyone use TurboTax for their partnership returns with short-term rentals? I'm having trouble finding where to indicate that our rental is a short-term rental so it's treated correctly under the passive activity rules. When I enter everything, it seems to automatically classify all rental real estate as passive.

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I had this exact problem with TurboTax last year. You need to go into the income section, then after entering the rental income/expenses, there should be a question about average rental period. Make sure you select "7 days or less" if that applies to your Airbnb. TurboTax should then reclassify it properly. The income still shows in Box 2, but it gets the proper treatment for passive activity purposes.

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One thing nobody's mentioned - if your husband is filing 5 years of back taxes, make sure he's not missing the self-employment tax (Schedule SE) which is another 15.3% on top of income tax. Seen so many 1099 contractors get shocked when they realize they owe both. Also, don't forget estimated tax penalty for not making quarterly payments.

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Sarah Ali

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Oh god, I hadn't even thought about that! Is the self-employment tax calculated on the gross 1099 income or after deductions? And what's the estimated tax penalty usually amount to?

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Self-employment tax is calculated on your net profit after deductions (thankfully). So all those business expenses will reduce both your income tax and SE tax. That's why maximizing legitimate deductions is so crucial for 1099 workers. The estimated tax penalty varies based on how much you should have paid quarterly and current interest rates. It's basically an interest charge for not making timely payments throughout the year. It won't be your biggest concern compared to the failure-to-file and failure-to-pay penalties, but it's another thing that adds up. Form 2210 calculates this penalty, and sometimes you can get it waived if you have a reasonable cause, but after 5 years that might be difficult.

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Jay Lincoln

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Has your husband been getting notices from the IRS already? If they've been sending notices for years and he's ignored them, that's a very different situation than if he's filing voluntarily before they contacted him. The voluntary disclosure approach gets much better treatment.

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This is actually super important. If the IRS has already sent notices of deficiency or started collections, the approach is completely different than voluntary disclosure.

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11 Another option is TaxAct - they let you go through the whole process for free and show you your results before asking for payment. I've been using it just for estimation for years. You can even save your return and come back to it later without paying.

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3 Really? I tried TaxAct last year and they locked me out of seeing my final numbers until I paid. Has this changed for 2025?

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11 I think you might be confusing it with TurboTax, which definitely pulls that bait-and-switch stuff. TaxAct shows you the estimated refund/amount due throughout the process on their summary dashboard. I've been using it for years just for checking purposes. Maybe it depends on how complex your taxes are? I have pretty straightforward W-2 income with some basic deductions and investments, so I'm always able to see my estimated refund before the payment screen.

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2 Honestly, I'd just go with two different tax prep services and compare. Do FreeTaxUSA and then also run the numbers in CreditKarma Tax (now Cash App Taxes) which is completely free for both federal and state. If you get the same numbers in both places, you can be pretty confident your preparer did it right.

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8 Great suggestion! I actually did this last year. Found a $850 difference between the two calculations, which led me to discover an error in how my preparer handled my crypto transactions.

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2 Exactly! That's the real benefit - when two completely different systems give you the same number, you can be much more confident than just trusting one service. And Cash App Taxes is completely free for both federal and state, no upsells or hidden fees.

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Something nobody mentioned yet - whoever claims the child gets both the dependent exemption AND the child tax credit. In your income bracket ($43k vs her $75k), you'd probably benefit more from these tax breaks than your ex would, especially with the phase-out limits for higher incomes. Also, since you're the custodial parent, you might qualify for Head of Household filing status, which gives better tax rates and a higher standard deduction than filing as Single. Your ex wouldn't get that benefit regardless of whether she claims your daughter as a dependent or not.

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StarSailor}

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I didn't even think about the Head of Household status! Does that make a big difference in the tax calculation? And would I still qualify for that even if I end up letting her claim our daughter as a dependent this year?

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Yes, Head of Household status makes a significant difference! For 2024 taxes (filed in 2025), the standard deduction for HOH is $21,900 versus just $14,600 for Single filing status. That's a $7,300 difference in taxable income right off the bat, which could save you thousands depending on your tax bracket. You can still qualify for Head of Household even if you let your ex claim your daughter as a dependent, as long as your daughter lives with you more than half the year and you pay more than half the cost of maintaining the home. The dependent exemption and Head of Household status are separate benefits.

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My ex and I solved this by alternating years. I get even years, she gets odd years. We put it in writing and signed it to prevent future arguments. It's not perfect but it's fair and prevents the nightmare of competing claims that could trigger IRS audits for both of us.

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Does that alternating years agreement need to be part of the formal custody arrangement, or can it just be a separate signed document between the two parents?

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Omar Zaki

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A donor-advised fund (DAF) makes this super easy! I've been using Fidelity Charitable for years. You donate stocks to your DAF (getting the immediate tax deduction), and then grant the money to whatever charities you want over time. The paperwork is minimal and it's all online. The other advantage is you can donate in years when you have high income (and can use the deduction) but spread the actual giving to charities across multiple years. I donated a bunch of appreciated Tesla stock in 2024 when my income was high, got a huge tax deduction, and now I'm gradually giving it to various charities from my DAF.

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Chloe Taylor

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Do you need a minimum amount to open a DAF? I always thought those were just for rich people donating tens of thousands of dollars.

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Omar Zaki

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The minimums are actually pretty reasonable now! Fidelity and Schwab both allow you to open a donor-advised fund with just $5,000 initial contribution. Vanguard's minimum is higher at $25,000. Once established, you can make additional contributions of as little as $500. These definitely aren't just for wealthy people anymore. I'm solidly middle class and find it incredibly useful, especially for simplifying stock donations. It's also nice because you can contribute when it makes tax sense for you, but take your time deciding which charities to support. I make one stock transfer per year to my DAF (getting tax benefits immediately) but then make grants to 10-15 different organizations throughout the year.

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Diego Flores

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Has anyone tried donating directly through their workplace giving program? My company uses Benevity and they just added a stock donation option, but I'm not sure if it's more convenient than going through my broker directly.

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I've used Benevity through my employer and it's super convenient. The big advantage is that my company matches the donation, which they won't do if I donate outside their system. The downside is they limit which stocks you can donate - they wouldn't let me donate some of my smaller cap stocks. Also, just be aware the processing time was longer than expected - about 2 weeks from when I initiated it to when the charity received it.

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Diego Flores

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Thanks for sharing your experience! I hadn't considered the matching aspect - that's definitely a huge advantage if they'll match stock donations. I'll check if there are any stock restrictions in our version of the platform. The two-week processing time is good to know. I'll make sure to plan ahead, especially for year-end donations. Seems worth the extra wait to get the company match though!

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