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Some important nuances your relatives should consider regarding the S-Corp situation: 1. If they keep the S-Corp but change the main business activity from operating a business to holding rental property, they need to be careful about the "passive investment income" rules. S-Corps that previously operated active businesses but switch to primarily generating passive income (like rent) can face additional taxes if they have accumulated earnings and profits from C corporation years. 2. They should also consider whether keeping the S-Corp structure makes sense for rental property. There are often better entities for holding rental real estate, like an LLC taxed as a partnership or even direct ownership, depending on liability concerns and their specific situation. 3. The "step transaction doctrine" would likely apply if they create an LLC, buy property, then have the S-Corp buy it right after the asset sale. The IRS might treat it as a single transaction and disallow 1031 treatment.
This is super helpful. They've had the S-Corp for about 20 years, and it was always an S-Corp (never a C-Corp), so maybe the passive income concern isn't an issue? Do you think it would be better for them to just dissolve the S-Corp after the asset sale and create a new LLC specifically for the rental property? Or would that trigger immediate taxation on the asset sale proceeds?
You're right that the passive income concern wouldn't apply if they've always been an S-Corp, so that's good news. That issue primarily affects companies that converted from C to S status. Creating a new LLC after dissolving the S-Corp could be a better long-term solution. However, the dissolution would still trigger taxation on the asset sale proceeds - you can't avoid that tax by changing entities afterward. The tax is due when the sale occurs while still in the S-Corp. If they're set on the rental property approach, they might consider selling the business assets, distributing the after-tax proceeds to themselves personally, and then purchasing the rental property in their own names or through a new LLC. This gives them a clean break from the business entity and often provides better tax treatment for rental properties, especially regarding potential future benefits like step-up in basis for heirs.
Just to clear up some confusion about 1031 exchanges specifically - there are two key points that would make this challenging: 1. The "held for investment" requirement: The property being sold must be held for investment purposes or used in a trade or business. While their business property likely qualifies, changing the use from business operations to rental income might be problematic. The IRS looks at intent, and they might question whether the original property was truly "held for investment." 2. Timing issues: A 1031 exchange requires you to first sell your property, then acquire the replacement property within specific timeframes. You can't acquire the replacement property first (which is what the LLC scenario would be attempting to do). The reverse 1031 exchange does exist, which allows buying the new property before selling the old one, but it's complex and requires a specialized Exchange Accommodation Titleholder to temporarily hold title to one of the properties.
One important factor nobody's mentioned: Your girlfriend might be able to file even with no earned income if she received student loans or grants that count as taxable income. She should check if any of her financial aid is taxable. If she does need to file, then she could claim her son and then you could claim her as your dependent (assuming you provide more than half her support). But you can't claim both her AND her son typically - that would be like claiming a dependent's dependent, which IRS doesn't allow.
Thanks for bringing that up about her student aid. She did get some grants, but they all went directly to tuition and books, so I think those are tax-free? She doesn't have any loans. About claiming both her and her son - that's good to know. If I had to choose, would it be more beneficial to claim her or him for tax purposes?
Grants that went directly to qualified educational expenses like tuition and required books are generally not taxable, so you're probably right that she doesn't need to file if that was her only income beyond the child support (which isn't taxable to the recipient). As for whether to claim her or her son, it usually makes more financial sense to claim the child if you have to choose. A qualifying child can potentially make you eligible for credits like the Child Tax Credit (worth up to $2,000 per qualifying child) and potentially the Earned Income Credit if your income falls in the eligible range. These are typically worth more than the standard dependent deduction you'd get for claiming your girlfriend.
Make sure whatever you decide is documented! My cousin tried claiming his girlfriend's kid and got audited because the ex also claimed the same child. You need to make sure everyone is on the same page about who's claiming who, and keep records of how much you contributed to the household expenses and the child's specific expenses.
100% this! I work at a tax prep office and the #1 issue we see with dependent claims is lack of documentation. Keep receipts for major purchases, rent payments, utilities, etc. If you're audited, you'll need to prove you provided over half of the child's total support.
I've been a tax preparer for 10+ years and the premium deduction question confuses a lot of clients. Here's a quick breakdown of what's deductible: Self-employed? Health/dental/vision/LTC premiums = fully deductible as adjustment to income Not self-employed? Only as itemized medical expense (if >7.5% of AGI) Business owner? Liability/malpractice/etc = business expense Homeowner? Homeowners insurance = NOT deductible for personal residence Long-term care = partially deductible based on age brackets The problem with tax software is they often ask these questions in different places based on your answers to earlier questions. That's probably why you're seeing it in FreeTaxUSA but not TurboTax.
What about Medicare premiums? I'm retired but also have some self-employment income from consulting. Are those deductible too? TurboTax never seems to ask me about this.
Medicare premiums (Parts B and D) are indeed deductible as part of the self-employed health insurance deduction if you have self-employment income! This is a commonly missed deduction. The key is that you can only deduct premiums up to the amount of your net self-employment income. If you're using TurboTax, you'll need to look in the self-employment section and find where you enter your health insurance. There should be an option to include Medicare premiums there. If your consulting income is reasonably substantial, this could be a significant tax savings for you.
Random question but has anyone tried the IRS Free File program instead of commercial software? I'm wondering if it handles these premium deductions more clearly. I'm so tired of discovering that I've been missing deductions for years because of how tax software presents questions.
I used IRS Free File through one of their partners last year and it was actually pretty straightforward about insurance premiums. It specifically asked about self-employed health insurance in a separate section and had clear explanations. Much more direct than the commercial versions where they hide things in weird places.
Another free option to consider is Cash App Taxes (formerly Credit Karma Tax). I've used it for the past three years and it handles capital gains/losses, including carryovers. Completely free for federal and state regardless of complexity. The only major limitations are that it doesn't support multiple state filing, foreign income, or undistributed long-term capital gains. But for most college students it's perfect.
Does Cash App Taxes handle 1099-MISC forms? I did some freelance design work and got one of those, plus I have some investment stuff to report.
Yes, Cash App Taxes handles 1099-MISC forms without any issues. I've used it for freelance income alongside investment reporting for years now. The interface for entering 1099 information is actually pretty straightforward, and they support multiple 1099s if you had several clients. They also walk you through any deductible expenses related to your freelance work, which can significantly reduce your taxable income from those gigs.
I was in the exact same boat last year! Had to report stock losses and TurboTax wanted $120 for their premium package. Switched to FreeTaxUSA and paid $0 instead of $120. One tip for anyone with investment stuff: gather ALL your documents before starting. My 1099-B had substituted cost basis info that confused me and I had to start over. But even with that hassle, FreeTaxUSA was way better than paying TurboTax's ransom fee lol.
Issac Nightingale
I've used TurboTax, H&R Block, and FreeTaxUSA over the years. Honestly for a first-timer with a simple return, almost any of the major tax software options will work fine. Here's my take: TurboTax: Most user-friendly but most expensive and aggressive with upsells. H&R Block: Similar to TurboTax but sometimes slightly cheaper. FreeTaxUSA: Way cheaper ($0 federal, ~$15 state) and works great for most situations. Cash App Taxes: Completely free but less hand-holding. I'd personally recommend FreeTaxUSA for the best balance of cost and usability. Just be aware that with ANY tax software, you should double-check their work!
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Zane Gray
ā¢Thanks for breaking it down! Is FreeTaxUSA actually accurate though? I know TurboTax is expensive but I'm scared of using something cheap and getting audited or missing out on money I should get back.
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Issac Nightingale
ā¢FreeTaxUSA is absolutely accurate - I've used it for years including with some complicated situations (rental property, investments, etc). The calculations are all based on the same tax laws regardless of which software you use. Regarding audit concerns, your audit risk is based on what's reported on your return, not which software you use to file it. TurboTax doesn't have any special "audit protection" in their standard packages anyway - they just try to upsell you on that service. The best protection against audits is simply reporting all your income accurately and keeping good records of your deductions.
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Romeo Barrett
Has anyone tried filing taxes directly through the IRS website? I heard they finally launched a direct filing option this year but not sure if it's any good.
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Marina Hendrix
ā¢I used the IRS Direct File pilot program when they expanded it this year. It's completely free and pretty straightforward if you have a simple tax situation (W-2 income, standard deduction). The interface isn't as polished as TurboTax, but it gets the job done and there are absolutely zero upsells or hidden fees. The main limitation is that it only supports certain types of income and credits right now - no self-employment income, no itemized deductions, etc. But if you qualify, it's the most straightforward option.
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