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Need help with rental property depreciation catch-up - Form 3115 for previously unclaimed years?

My spouse joined the military back in 2014, and we had to relocate from our home in North Carolina when they got stationed in another state. We initially tried to sell our house, but the market was terrible at the time, so we ended up turning it into a rental property. I've got a few questions about this situation that I'm confused about. 1. We moved out in September 2014, but the house sat vacant until June 2015 when we finally found tenants. Which date would be considered the official "conversion" from personal to rental property for tax purposes? 2. I've been using TurboTax to file our returns for years, and I've never claimed depreciation on this rental house. For the 2023 tax return, the software suddenly flagged this and gave me an error message telling me to go back and check. I ended up skipping the depreciation again because I wasn't sure if I needed to amend all our previous returns or file Form 3115 to catch up. Now I'm preparing for our 2024 taxes and want to make sure I'm doing this correctly. Should I file Form 3115? Do I need to amend previous returns? 3. If I do catch up on depreciation now, will the IRS refund anything we should have received in previous years, or is that money just lost and the catch-up only helps for future returns? For context, it's a single-family home that's been continuously rented since June 2015. We haven't done any major renovations or improvements since we started renting it. The property value has gone up a bit but nothing dramatic - it's in a rural area in Tennessee. I'd estimate the value of just the building (not including the land) was around $135,000 when we converted it to a rental.

Luca Romano

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Just want to add that it's really important to fix this. When you eventually sell the rental property, the IRS will assume you took all allowable depreciation WHETHER YOU ACTUALLY DID OR NOT. So you'll be taxed as if you received the benefit even if you didn't claim it on your returns!

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Nia Jackson

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That's exactly what happened to my parents! They never claimed depreciation on their rental for 12 years, then when they sold it, they got hit with depreciation recapture tax on depreciation they never benefited from. Huge tax bill they weren't expecting.

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NebulaNova

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Has anyone used IRS Form 8949 to adjust the basis when selling a property where depreciation wasn't claimed? I've heard conflicting advice about whether that's an alternative to Form 3115.

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Form 8949 isn't the right approach here. That form is used when you're reporting the sale of a capital asset, not for catching up on missed depreciation. Form 3115 is specifically designed for changing an accounting method, which is exactly what you're doing when you start claiming depreciation that you previously failed to claim. The 3115 allows you to make this correction without amending prior returns. If you waited until sale to try to address unclaimed depreciation, it would be too late - the IRS would still reduce your basis by the depreciation you should have claimed, essentially taxing you on benefits you never received.

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For anyone dealing with backdoor Roth issues in TurboTax, here's exactly what you need to do: 1. Enter your non-deductible traditional IRA contribution first 2. Make sure to specify it's NON-DEDUCTIBLE 3. Complete the Form 8606 section entirely 4. Only THEN enter your Roth conversion information 5. Verify the basis amount carries over to the conversion screen I do this every year and it works perfectly. If you do these steps out of order, TurboTax gets confused and can't track your basis correctly.

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Gavin King

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Do you know if this same process works in H&R Block's software? I'm having the same issue there and their support has been useless.

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I haven't personally used H&R Block's software recently, but the general principle is the same. You need to make sure you've entered your non-deductible contribution information and completed the equivalent of Form 8606 before you enter the conversion information. The specific navigation and screens will be different, but the sequence is what matters. Most tax software struggles with backdoor Roth conversions if you don't follow the correct order of operations. Try looking specifically for the Form 8606 section in H&R Block's software and complete that first before handling the conversion.

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Nathan Kim

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something nobody mentioned yet - if you have ANY other traditional IRA money with pre-tax dollars (like old 401k rollovers), the pro-rata rule is gonna mess up your backdoor roth!! the entire conversion isnt tax free even if this specific contribution was non-deductible. turbo tax should handle this if you enter all your ira balances correctly but a lot of ppl forget this part.

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This is such an important point! I got hit with an unexpected tax bill because of this last year. Had a small old IRA with about $12k in it that I forgot about, and it completely changed how my backdoor Roth was taxed.

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This is slightly off topic, but does anyone know how to handle depreciation when you convert a rental BACK to a primary residence? I did the opposite of OP - had a rental for years and now I'm moving back in. Do I need to stop depreciating it?

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Lourdes Fox

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Yes, you stop depreciating the property once you convert it back to personal use. The property is only depreciable during the period it's used as a rental/business asset. Keep good records of your depreciation deductions over the years because you'll need to recapture that depreciation if you ever sell the property. Even if you're living in it as your primary residence when you sell, the IRS will still want their depreciation recapture tax on the amount you've previously depreciated.

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Thanks for the clear answer! I've been tracking the depreciation all along but wasn't sure if I needed to keep depreciating it or not. Good to know about the recapture too - that's something I hadn't considered.

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Lia Quinn

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Are property taxes and mortgage interest part of the "closing costs" we're talking about for basis calculation? I paid about $3k in prorated property taxes at closing when I bought my house in 2021. It's a rental now as of last month.

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Haley Stokes

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No, property taxes and mortgage interest are generally not added to your basis - those are regular expenses. Closing costs that go into basis are things like title fees, attorney fees, recording fees, transfer taxes, and real estate commissions.

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Don't forget about wash sale rules! While technically they don't apply to crypto right now (since crypto is property not a security), there's been talk about changing this. If you're trying to harvest losses while rebuying positions, be aware this loophole might close soon.

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Wait, so are you saying I could sell some of my underwater crypto positions to harvest the losses, then immediately rebuy the same crypto, and it's not subject to the 30-day wash sale rule that applies to stocks? That would be helpful for offsetting some of the gains.

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Yes, that's exactly right. Currently, cryptocurrency is treated as property by the IRS, not as a security, so the wash sale rules don't apply. You can sell crypto at a loss, claim the tax deduction, and then immediately repurchase the same crypto without waiting 30 days. Just be aware that this is a loophole that Congress has been talking about closing. There have been several proposed bills that would apply wash sale rules to crypto in the future, so this strategy may not be available forever. Always document these transactions carefully in case questions come up during an audit.

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What software are people using to actually file their crypto taxes? I've been using TurboTax but it seems limited for handling complex crypto situations.

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I switched to CoinTracker + H&R Block this year and it's working much better than TurboTax did for my crypto. You can export directly from CoinTracker to H&R Block and it handles all the specific identification stuff correctly.

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For a tax paper that will really stand out, look at the intersection of tax law and another field you're interested in. I did mine on the taxation of digital assets in video games and NFTs and my professor loved the unique angle. Some other cross-disciplinary ideas: - Environmental taxation and climate incentives - Tax policy effects on wealth inequality - Healthcare taxation and the ACA - Tax implications of remote work across state lines - Taxation of emerging technologies - Illinois cannabis taxation and social equity programs Pick something you're genuinely curious about - makes the research way more enjoyable!

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I'm actually really into sports - are there any good tax topics related to sports that would work for a research paper?

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Absolutely! Sports and taxation have several fascinating intersections that would make for an excellent paper. You could explore the "jock tax" where athletes pay taxes in each state they play games in - this raises interesting questions about income sourcing and multi-state taxation. Another great angle would be the tax implications of NIL (name, image, likeness) deals for college athletes - this is relatively new territory with evolving tax guidance. You could also look at how major sports franchises use tax incentives for stadium construction, or the tax treatment of sports gambling following recent legalization in many states including Illinois. These topics combine sports interest with substantive tax policy questions.

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Don't overthink this assignment. I did mine on the SALT (State And Local Tax) deduction cap from the Tax Cuts and Jobs Act and how it specifically impacts high-tax states like Illinois. Got an A and didn't kill myself with something super complicated. Whatever topic you pick, make sure there are RECENT sources (last 2-3 years). My friend did an awesome paper on a topic where all the sources were from 2017 or earlier and got marked down for not having current perspectives.

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StarSurfer

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The SALT deduction cap topic sounds interesting. Did you find it had enough material for 20 pages? And did you focus more on the federal aspects or the Illinois impact?

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