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Does Money from Selling My Father-in-law's Home Count as Income for Tax Purposes?

My partner and I are trying to figure out the tax situation with my soon-to-be father-in-law. We've been financially supporting him for years, spending thousands each month beyond his $950 Social Security check that barely covers one week of his home care. Earlier this year, we had to sell his house because it was heading into foreclosure. The situation was complicated - he originally bought the place for $35,000 back in the day, paid off that first mortgage in 1996, but then took out a second loan for $25,000 a few years later. He refinanced to an interest-only loan with this massive balloon payment due at the end. After paying on this second loan for nearly 30 years at a ridiculous 11% interest rate, he somehow still owed over $30,000 when we sold, with $950 monthly payments that never touched the principal. We managed to sell the house for $85,000. After paying off the mortgage and closing costs, he walked away with about $48,000. My question is: what part of this money counts as income for tax purposes? Is it the full $85k sale price? Just the $48k he actually received? Or maybe just the difference between the sale price and what he originally paid (around $13k)? Or is none of it income since he's actually paid well over $150,000 in mortgage payments over the years? We were planning to claim him as a dependent before this house sale happened, but now I'm not sure if that's even possible. Any help figuring this out would be greatly appreciated!

Caleb Bell

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One thing that hasn't been mentioned yet about the home sale - make sure to check if your father-in-law qualifies for any medical expense deduction for improvements made to the house. If any modifications were made to accommodate a medical condition (wheelchair ramps, grab bars, etc.), those can sometimes be deducted as medical expenses if they weren't already used to increase the basis in the home. Also, regarding the support test for dependency - remember that medical expenses, including in-home care that you mentioned, count heavily toward the support calculation. Given how expensive that care is, it sounds like you're likely providing well over 50% of his total support even with the home sale proceeds.

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Donna Cline

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Thanks for mentioning this! We actually did install some grab bars and a walk-in shower about two years ago but I didn't think of that as something tax-related. About how much of his care costs would qualify toward the support test? The in-home aide costs around $4,200/month and we're paying for all of it.

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Caleb Bell

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The in-home care costs absolutely count toward the support test! If you're paying $4,200/month, that's over $50,000 per year just for that care, which is substantial. All of that would count toward your support calculation. For the medical modifications, if they were medically necessary (prescribed or recommended by a healthcare provider), they could potentially be deductible as medical expenses if you itemize deductions. However, these would need to exceed a certain percentage of your adjusted gross income along with other medical expenses to get any tax benefit. Alternatively, those costs could be added to the basis of the home if you didn't take the medical deduction, potentially reducing any taxable gain.

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I just helped my dad sell his home and deal with all this last year. The magic word here is "basis" - you need to figure out the adjusted basis of the home. Start with what he paid originally ($35k), then add the cost of any major improvements over the years (new roof? kitchen remodel? addition?). Those all increase basis. Then when you subtract that final basis number from the sale price, that's the gain. Like someone mentioned, he probably qualifies for the $250k exclusion if it was his primary residence for 2 of last 5 years, so likely no tax. One important thing nobody mentioned - get all this documented NOW while you have access to records. Future you will thank you if this ever comes up in an audit or if you need to sell another property and need to reference precedent.

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Rhett Bowman

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What counts as a "major improvement" versus just regular maintenance? Like if he replaced the water heater, does that count?

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Arjun Kurti

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I had something similar happen and discovered it was my ex-husband using my old identity info. Does anyone in your life have access to your previous information and might hold a grudge? Sometimes it's not random identity theft but someone who knows you.

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Omg I never thought of that!! My ex's brother works at a tax preparation place and always seemed shady. We didn't part on good terms at all. How did you find out it was your ex? Did the IRS tell you or did you have to figure it out yourself?

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Arjun Kurti

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The IRS wouldn't tell me specifically who did it, but they did confirm the fraudulent W-2 came from a company where my ex's new girlfriend worked in payroll. I pieced it together after that. In my case, I had to file a police report and the detective was able to track the origin of the fake W-2 submission. If your ex's brother works in tax preparation, that's definitely suspicious. He would have access to the systems needed to generate a fake W-2. When you talk to the IRS, make sure to mention this possibility - it might speed up their investigation if they have a potential lead.

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RaΓΊl Mora

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FYI - The 570 code is always followed by another code that gives more specific information. Check your account transcript again (not just your income transcript) and look for codes like 971 (notice issued) or 420 (examination/audit). Those will tell you more about why your refund is being held.

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Margot Quinn

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This is good advice. My transcript had both 570 and 971 codes, and the 971 was because they sent me a letter explaining the issue. Check your mail carefully - they might have already sent you something explaining the hold.

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You're right! I just checked again and I do have a 971 code too that I missed before. It's dated for next week so I guess they're sending me a letter. Good to know I should watch for that. Thanks for pointing this out!

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I think I can explain what's happening with line 17 in simpler terms. The confusion comes from the circular calculation problem. When you make retirement contributions as self-employed, those contributions are themselves a deduction that lowers your SE income. But your maximum contribution is based on that income! So there's a chicken-and-egg problem. The worksheet solves this by using an adjusted percentage. Instead of the straightforward 25% that most people expect, line 17 uses a reduced percentage (about 20%) that accounts for this circular relationship. That's why the number seems "wrong" but is actually correct.

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Yara Sayegh

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Thanks for that explanation! Quick question - does this same circular calculation issue apply to both SEP IRAs and Solo 401ks? I'm trying to decide which one to open this year.

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Yes, the circular calculation applies to both SEP IRAs and Solo 401k employer contributions. For both plans, the employer contribution limit is 25% of your net self-employment earnings, but the actual calculation works out to roughly 20% of your net profit. The big difference is that with a Solo 401k, you can also make employee contributions up to $22,500 for 2023 ($23,000 for 2024) that aren't affected by this calculation. That's why Solo 401ks often allow for higher total contributions, especially for people with moderate self-employment income.

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has anyone looked at the latest version of this publication? i heard they actually fixed this in the 2024 version of publication 560, but i cant find the most recent pdf on irs.gov. the site keeps giving me last years version when i search.

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Paolo Longo

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I just checked and found the updated version. They didn't actually change the calculation, but they did add a clearer explanation of why line 17 uses that specific percentage. It's still the same formula, just better explained in the instructions section.

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thx for checking! typical irs to keep the confusing calculation but just explain it better lol. at least now people might understand whats happening with that weird percentage. gonna look for the new version again.

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Miguel Silva

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Something no one's mentioned yet is setting up a 529 plan for these kids. You could establish one for each child with yourself as the owner and them as beneficiaries. In many states, you'd get a state tax deduction for contributions (though not federal). The money grows tax-free if used for qualified education expenses. The downside is that 529 plans owned by non-parents can impact financial aid more negatively than direct tuition payments or gifts to parents, so timing matters. But the tax advantages might outweigh this depending on your state and situation.

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Amara Nnamani

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That's an interesting option I hadn't considered! Do you know if there are any limits to how much I could contribute to a 529 annually? And would withdrawals from a 529 affect their financial aid differently than if we just paid tuition directly?

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Miguel Silva

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You can contribute up to the gift tax annual exclusion ($18,000 in 2025) per beneficiary without filing a gift tax return. You can even "superfund" a 529 with five years of contributions at once ($90,000 per beneficiary), though you'd need to file a gift tax return to elect this treatment. For financial aid impact, it's complicated. Direct tuition payments won't affect their FAFSA for the current year. But 529 distributions from accounts owned by anyone other than the parents or student are treated as student income on subsequent FAFSA forms, which can reduce aid eligibility by up to 50% of the distribution amount. This is why many advisors recommend using non-parent 529 funds for later years of college after the final FAFSA is filed.

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Zainab Ismail

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Has anyone pointed out how generous this is? $15k per kid per year is HUGE! I'd suggest maybe considering putting some of this money toward helping them after college too - maybe helping with a first home down payment or something. College is important but so is launching into adulthood.

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This is great advice. My uncle helped me with some college expenses, but his biggest gift was actually helping with the down payment on my first house when I was 29. That made a much bigger difference in my financial trajectory than his contributions to my tuition.

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Kolton Murphy

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One thing nobody's mentioned yet - make sure you're tracking ALL your business expenses for those 1099 gigs! Unlike W-2 income, you can deduct business expenses from your 1099 income which can significantly reduce your tax burden. Keep receipts for anything related to your consulting work - home office space, internet, computer equipment, software subscriptions, professional development, mileage if you drive for work purposes, etc. These deductions can make a huge difference in how much you owe quarterly. I made the mistake of not tracking expenses properly my first year of consulting and paid WAY more in taxes than I needed to. Don't make the same mistake!

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Eli Butler

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Thanks for bringing this up! Do you use any specific apps or methods to track your expenses? I'm worried I'll miss things if I don't have a system.

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Kolton Murphy

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I personally use QuickBooks Self-Employed which automatically categorizes expenses and tracks mileage. It's about $15/month but worth it for me because it integrates with TurboTax for filing. A free alternative that works well is just setting up a dedicated spreadsheet with categories like "Office Supplies," "Software," etc., and taking photos of all receipts with your phone. The most important thing is consistency! Set aside 15 minutes each week to update your records while things are fresh in your mind. For mileage, either use an app or keep a small notebook in your car to jot down odometer readings and the purpose of each business trip. Also, open a separate business checking account if possible - it makes everything so much clearer at tax time.

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Evelyn Rivera

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I'm going to go against the grain here and suggest you might NOT need to pay quarterly taxes depending on your situation. There's a "safe harbor" provision where you won't face penalties if: 1. You owe less than $1,000 in taxes for the year after subtracting withholdings and credits 2. Your withholding from your W-2 job covers at least 90% of your current year tax liability 3. Your withholding covers 100% of your previous year's tax liability (or 110% if your AGI was over $150,000) So if your W-2 job withholds enough, you might be able to avoid quarterly payments altogether. Talk to your payroll department about increasing your withholding to cover the additional income!

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Julia Hall

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This is what I do! I just adjusted my W-4 at my day job to withhold an extra $200 per paycheck to cover my side hustle taxes. No quarterly payments needed and I actually got a small refund. Much simpler than dealing with estimated payments.

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