Is there any way to dispute this with the broker? We really wanted that income to count for 2024 since we'll be in a lower tax bracket this year due to some other changes. Would restructuring as an S-Corp help with this kind of situation in the future?

Unfortunately, there's not much you can do to dispute it for this particular transaction. The IRS constructive receipt doctrine is pretty clear on this point, and your broker is following proper tax law. For future planning, an S-Corp might give you more flexibility in some areas of tax planning, but it wouldn't fundamentally change the constructive receipt rules. What it could do is allow you to take some income as salary and some as distributions, which might help with overall tax planning. I'd recommend talking to a tax professional who specializes in real estate businesses about whether an S-Corp makes sense for your specific situation.

Yes, constructive receipt would still apply. What matters is when the funds became available to the broker, not when they deposited the check. If they physically had the check in 2023, that's 2023 income for tax purposes, even if they waited to deposit it.

That's a really good point I hadn't considered. Would it make a difference if I initially engaged with them thinking it was legitimate and then only set up the additional accounts after realizing it was a scam? Or is the fact that I created multiple accounts specifically to collect more money the potential issue here?

The timing and intent definitely matter. If you initially engaged in good faith and then took defensive measures after discovering it was a scam, that's more favorable than if you sought out scammers specifically to trick them. The creation of multiple accounts specifically to collect more money could potentially be seen as moving beyond simple recovery or defense into something more deliberate. This is where the legal gray area exists. It's not just a tax question but potentially a legal one about how these funds were acquired.

That's a really good point! If the money came from other victims rather than the scammers' own pockets, that would basically make OP a recipient of stolen funds, right? That definitely complicates things beyond just tax reporting.

What software would you recommend instead for real estate partnerships? I'm in a similar situation and thinking about switching from TurboTax next year.

For real estate partnerships specifically, I recommend looking at either ProSeries Professional or UltraTax CS. Both have much more robust options for handling depreciation and cost segregation. If you're managing everything yourself without a CPA, ProConnect Tax Online (Intuit's professional version) gives you more control than TurboTax Business while still being somewhat user-friendly. It costs more but the additional depreciation options alone can save you thousands.

Thank you! This is exactly what I needed to know. I'll look for these advanced settings. Do you remember roughly where they were located? I've gone through every screen I can find and still haven't seen these options.

After you enter the asset information, look for a small gear icon or "More Options" text near the bottom of the screen. Click that and you should see an expanded menu with depreciation method options. It's really easy to miss! For buildings, you'll only see options for recovery period and whether to use GDS or ADS. For personal property assets, you'll see the additional options for 200% DB, 150% DB, or SL methods. Another tip: consider breaking out components of your real estate as separate assets (like appliances, roof, HVAC system, etc.) because those can often qualify for shorter recovery periods and accelerated methods. TurboTax won't suggest this - you have to know to do it yourself.

Is there a specific version of TurboTax you'd recommend for this kind of investment? I've always just used the basic version but wondering if I should upgrade.

For your situation, I'd recommend at least TurboTax Premier since it's designed to handle investment income including stocks, bonds, cryptocurrencies, and other capital assets. It has specific sections for reporting capital gains when you eventually sell your private company shares. If your investment starts generating K-1 forms (which happens if the company is structured as a partnership or S-corporation), you might need TurboTax Self-Employed or even TurboTax Live with expert help, as K-1s can get quite complex depending on what's reported on them.

This is such a good point. My startup investment was in convertible notes and the interest was accruing on paper, which apparently I was supposed to report as income each year even though I wasn't receiving any cash! Nearly got hit with penalties.

That's exactly what happened to me. The "phantom income" from accrued interest on convertible notes can be a nasty surprise if you're not prepared for it. Another thing to watch for is if your investment agreement has any tax distribution clauses. Some private companies will make distributions specifically to cover tax liabilities if the company is pass-through (like an LLC or S-Corp) where you might be taxed on company profits even without receiving distributions.

What about those CP2000 letters? I got one of those last year and it scared the crap out of me. Fortunately it was just a proposed change and I was able to send documentation showing the IRS was wrong.

CP2000 notices are legitimate IRS notices that suggest changes to your tax return based on income information they received that doesn't match what you reported. They're not technically bills - they're proposals that give you a chance to agree, disagree, or provide more information. The key with CP2000 notices is that they always include detailed information about why the changes are being proposed, which tax year, what income was reported or not reported, and they give you typically 30 days to respond. They also clearly explain your rights to appeal and provide specific IRS contact information. You did exactly the right thing by responding with documentation - that's how the process is supposed to work.

OMG that's terrifying they knew details from his actual tax return! How do you think they got that information? This is making me paranoid about identity theft.