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Don't overlook the possibility of gifting some appreciated assets during your lifetime, depending on your overall estate size. If your estate might be subject to estate taxes, it could make sense to gift some assets now while keeping others for the step-up basis advantage. Annual exclusion gifts ($18,000 per person for 2025) could reduce your taxable estate while transferring wealth. The tradeoff is that gifted assets don't get the step-up, so your grandkids would inherit your original basis. This strategy works best with assets you expect to appreciate significantly in the future.
I'm not too worried about estate taxes since my total assets are well under the exemption limit. Are there any other advantages to gifting some stock now versus keeping everything for the step-up basis approach?
If your estate is below the exemption threshold, then maximizing the step-up basis becomes your primary objective, making your original plan more advantageous. One alternative worth considering is gifting stocks that have minimal gains or even losses, since those wouldn't benefit much from step-up basis anyway. This allows you to maintain ownership of your highly appreciated assets for the step-up benefit while still giving your grandchildren some investment exposure during your lifetime. It can also be a good educational opportunity to teach them about investing if they're old enough.
Has anyone considered a Roth IRA conversion strategy to complement this? I'm thinking about converting some of my traditional IRA to Roth and naming grandkids as beneficiaries. They'd get tax-free distributions and avoid RMDs for 10 years.
Just a heads up that the Capital Loss Carryover Worksheet in the Schedule D instructions is the key document you need to complete carefully. I faced this exact situation last year (non-resident with carried forward losses but no US income). My tax software automatically tried to use $3,000 of my carried forward losses. I had to manually override this by completing the worksheet separately and entering the correct carryforward amount for next year. Some tax software doesn't handle this non-resident scenario correctly because it's designed for the more common US resident situations.
Which tax software were you using? I'm trying to file with TurboTax and it keeps insisting on using $3k of my losses even though I have no income. Is there a specific place where you had to override this?
I was using H&R Block's online software. The override was tricky to find - I had to go into the "Forms" view rather than using the interview process. Under Schedule D, there was an option to "override" the calculated loss deduction. I manually entered zero for the current year's deduction and preserved my full carryforward amount. With TurboTax, look for a similar "Forms" mode or "Tax Tools" section where you can directly edit Schedule D. The key is making sure that line 21 (the amount carried to Form 1040) shows zero while still documenting your full carryforward amount for next year in your records.
Sooo...does anyone know if capital losses expire? I've been carrying forward some losses for like 4 years now and haven't been able to use them because I moved abroad. Will they eventually disappear if I don't use them?
Be VERY careful with tax resolution companies. I used a similar national company (not StopIRSDebt specifically) and ended up paying $3200 for them to basically fill out an installment agreement form that I could have done myself. They made big promises about reducing what I owed but in the end couldn't deliver. If you go with either option, get EVERYTHING in writing - exactly what services they're providing, what forms they'll file, and what results they're promising. Ask what happens if they can't deliver the results they promise.
This is so important! My brother got scammed by one of these companies that promised to settle his $40k tax debt for pennies on the dollar. Paid $4k upfront, they filed an offer in compromise that got rejected, and then they basically disappeared.
Exactly! These companies often advertise based on best-case scenarios that apply to very few people. The "pennies on the dollar" settlements (Offers in Compromise) have specific qualifying criteria - you have to prove you have no ability to pay the full amount now or in the foreseeable future. Most people don't qualify. The most frustrating part is that many of these companies know you won't qualify before they take your money. They collect their fee, file paperwork they know will be rejected, then tell you "well, we tried!" while keeping your money. Always ask for their success rate with cases similar to yours, and get clear details about what specific actions they'll take for the fee they're charging.
Has anyone looked into the IRS Fresh Start program? I had 4 years of unfiled returns and was able to get caught up through that. You might not need to pay someone so much money.
Don't forget that to qualify for Head of Household, your child must be a "qualifying person" which generally means they need to be your child by birth, adoption, or they lived with you for more than half the year. And you need to provide more than half their support. But it sounds like with an 8 year old daughter you're all good! Just make sure you're not married filing jointly - that's an automatic disqualification for HoH status.
Thank you for mentioning that! Yes, she's my biological daughter and lives with me full-time (her mom isn't in the picture). I'm definitely not married - been single for years now. I pay for everything related to her care and our home. Sounds like I'm on the right track then? This is such a relief!
Yes, you're definitely on the right track! With your daughter living with you full-time and you providing all her support, you're a textbook case for Head of Household filing status. And don't worry too much about making small mistakes - the IRS generally focuses on major issues like unreported income or fraudulent claims. An honest mistake about a dependent's income being $0 when it should be a few dollars of interest wouldn't trigger anything serious. Just answer the questions truthfully as you go through your tax software.
Make sure u keep receipts for household expenses in case u get audited! My sister got audited 2 yrs ago for her Head of Household claim and they wanted proof she paid more than half the home expenses. She had to scramble to find old utility bills, rent receipts, grocery receipts etc. Better safe than sorry!!
How far back should you keep those records? I've been filing HoH for 3 years now but haven't kept great documentation.
Tyler Lefleur
One thing nobody has mentioned - if you're not a US citizen but need to file taxes, you'd have an ITIN instead of an SSN as your TIN. I'm on a work visa and that confused me at first since all the forms just asked for "TIN" and I wasn't sure if that meant my ITIN or some other number. But yeah for most American citizens, your SSN is your TIN.
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Madeline Blaze
ā¢Do you know if green card holders use their SSN or do they need an ITIN? My parents just got their green cards and are confused about filing next year.
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Tyler Lefleur
ā¢Green card holders use their SSN, not an ITIN. When someone gets a green card, they're eligible for (and usually required to get) a Social Security Number if they don't already have one. ITINs are specifically for people who need to file taxes but aren't eligible for SSNs, like certain visa holders or non-resident aliens with US income. So your parents should use their SSNs on all tax forms where it asks for TIN.
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Max Knight
Just to add one more thing - I recently discovered that on some IRS transcripts, they only show the last 4 digits of your SSN/TIN for security reasons! I freaked out thinking my full number wasn't in their system, but that's actually a security feature to protect your identity. The IRS has your full number, they just don't display it on certain documents.
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Caleb Stark
ā¢Ohhhh that explains why I only saw the last 4 digits on my transcript! I was wondering about that too but didn't think to ask. Thanks for clearing that up!!
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