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For what it's worth, I sold three rental properties in the same tax year back in 2023, and I somewhat regret not staggering them. Even though the Section 1250 recapture was capped at 25%, the combined income pushed me over several thresholds that had cascading effects: 1. It triggered the 3.8% Net Investment Income Tax 2. I lost some itemized deductions due to AGI limitations 3. My Social Security benefits became more taxable 4. I got hit with a massive AMT bill I didn't anticipate If I had spread the sales across 3 years, my CPA estimated I would have saved around $42,000 in total taxes. Not all of this was due to the recapture itself, but the overall impact of concentrating so much income in one year. The 25% cap on the depreciation recapture isn't the only consideration!
This is exactly the kind of real-world experience I was hoping to hear about. Do you mind sharing roughly what income level you were at when you triggered these various thresholds? I'm trying to gauge how similar your situation might be to mine.
Before the property sales, my AGI was around $225,000 (married filing jointly). The three property sales added about $780,000 in total to my income that year, with approximately $320,000 of that being depreciation recapture. The rest was capital gains. This pushed my total income for the year to just over $1 million, which triggered numerous thresholds. The NIIT kicks in at much lower income levels (around $250,000 for married filing jointly), so you'd likely hit that with even one property sale of significant value. The AMT was the real surprise though - it effectively eliminated many of the deductions I normally claimed. If I could do it over, I would have worked with my CPA to project the exact tax impact before making all the sales in the same year. Timing really is everything with these large transactions.
Has anyone here done a 1031 exchange to avoid the recapture issue altogether? I'm considering selling a property but the depreciation recapture tax would be brutal. Wondering if rolling it into another investment property is worth the hassle and restrictions.
I did a 1031 exchange last year and while it was definitely paperwork-intensive, it saved me from a huge tax bill. The key is having a good qualified intermediary who keeps you compliant with all the strict timeframes (45 days to identify potential replacement properties, 180 days to close). The main downside is you're somewhat rushed to find a replacement property, which can lead to making compromised investment decisions. Also, you need to get a property of equal or greater value to fully defer the taxes. But if you're planning to stay in real estate anyway, it can be a great strategy.
I think the confusion might be about the tax YEAR versus the tax SEASON. If your 1099-R is for 2024, you file it during the 2025 tax season (which is happening now) when you're doing your 2024 taxes. Sometimes people get confused and think "next year" means the 2025 tax year (which you would file in 2026). Make sure you're clear on which year TurboTax is referring to when it says "next year.
That's a really good point! I went back and looked at the exact message again. It specifically said I didn't need to report this distribution "until next tax season" - which would mean the 2026 filing season for 2025 taxes. That seems wrong since my form is clearly marked 2024. I'm going to go through the TurboTax questions again and see if I made an error somewhere. I definitely want this reported on my 2024 return since I've already paid a lot in taxes this year.
That's exactly what I suspected. TurboTax is saying to file it "next tax season" which would indeed be wrong for a 2024 form. When you go back through, pay special attention to any questions about rollover periods or special distribution types. Sometimes a single wrong answer can send TurboTax down an incorrect path. Also check Box 7 on your 1099-R - the distribution code there is crucial for determining how it's taxed. Codes like "1" mean a normal taxable distribution, while others may have special rules.
Does anyone know if there's a difference in how you report 1099-R distributions depending on the type of retirement account? I have both a traditional 401k and a Roth IRA that I took money from last year.
Yes, there's a huge difference! Traditional 401k withdrawals are generally fully taxable (you'll get a 1099-R with code "1" or "7" in Box 7). But for Roth IRAs, it depends on whether you're withdrawing contributions or earnings and how long you've had the account. If you're withdrawing contributions from a Roth IRA, those come out tax-free because you already paid tax on that money. If you're withdrawing earnings before age 59½ and before the account is 5 years old, those might be both taxable and subject to penalties.
Here's a real-world example that helped me understand this concept: I'm a writer living in France, and a US publisher pays me royalties for a book I wrote. I don't have a US office, don't come to the US for business, and have no US employees. Those royalties are definitely US-sourced (because the publisher is in the US), but they're NOT effectively connected with a US trade or business (because I don't have an office or employees in the US and don't regularly come to the US to conduct business). So I pay a flat 0% tax on these royalties thanks to the US-France tax treaty (it would normally be 30% without a treaty). It's reported on Form 1042-S, and I don't even need to file a US tax return. Hope this helps!
Wait, how did you get 0% on the royalties? I'm in Canada and got hit with 15% withholding on my book royalties from a US publisher. Is this something different about the France treaty?
Yes, it's a specific provision in the US-France tax treaty that exempts royalties from taxation in the source country. Article 12 of the treaty states that royalties are taxable only in the resident country (France in my case). Canada's treaty with the US is different - it reduces the withholding rate to 10% for most royalties (Article XII of the US-Canada treaty), but doesn't eliminate it completely like the French treaty does. Each treaty is unique, which is why it's important to check the specific provisions for your country.
Don't forget that US Social Security benefits paid to non-residents also fall into this middle category! If you worked in the US in the past but now live abroad, your Social Security payments are US-sourced income not effectively connected with a trade or business. These are generally subject to 30% withholding unless your country has a tax treaty with better terms. For example, Canada's treaty makes US Social Security completely exempt from US tax for Canadian residents.
That's super helpful! What about pension distributions from a 401k plan if you previously worked in the US but are now a non-resident? Would those also fall into this category?
I've gone both routes and honestly think the sweet spot for most people is using good tax software but paying for a CPA consultation every few years or when your situation changes dramatically. For example, I use TaxAct myself most years, but when I started my small business in 2020, I paid for a 1-hour consultation with a CPA ($150) who advised me on business structure, what to track, and tax strategies. Then incorporated his advice going forward using software. When I bought my house in 2023, did another consultation. Way cheaper than full service every year but you still get the professional insights when you need them most.
So do you just call a random CPA office and ask for a consultation? Do they offer that as a service or do you need to be an existing client?
Most CPAs are happy to do consultations - it's easy money for them with limited paperwork. I just called a few local offices and asked specifically for a tax planning consultation rather than tax preparation. I explained my situation and that I wanted advice but planned to file myself. Some do require you to be clients, but plenty of smaller firms or solo practitioners are happy to do one-off consultations, especially during their non-busy season (May-December).
What software does everyone recommend? I used FreeTaxUSA last year and it was WAY cheaper than TurboTax but I'm paranoid I missed something.
QuantumQuasar
One thing to consider - the church might be required to provide you with a statement anyway for their own tax compliance. Churches have to give donation receipts to people who give more than $250 in a single donation. So they might keep contacting you regardless. If you really want to avoid interaction, maybe just ask them to email it? That way you don't have to see anyone in person or give your address, but you still have official documentation to go with your Tithe.ly records. That's what I did when I left my church.
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Luca Romano
ā¢Thanks for pointing that out. I wasn't aware of the $250 requirement. None of my individual donations were over $250 (I did about $145 twice a month), so maybe they're not technically required to provide a statement in my case? But I might take your advice about just asking them to email it to have both records. That seems like the path of least resistance.
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QuantumQuasar
ā¢You're right that the $250 requirement is per individual donation, not the annual total. If all your individual donations were under $250, they're not legally required to provide a statement, though many churches do it as a courtesy for all donors. Email is definitely the easiest option if they continue to contact you. Just a quick "please email it to this address" response should suffice without getting into any explanations about why you're not attending anymore. The Tithe.ly records are still perfectly valid for your taxes either way.
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Zoe Papanikolaou
Has anyone had issues with Tithe.ly showing the wrong organization name? I donated to my church through the app, but when I downloaded my annual statement, it shows the parent denomination instead of my specific church. Will this cause problems with the IRS since technically they're different organizations with different tax IDs?
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Nia Jackson
ā¢That could potentially be an issue. The IRS wants to know the specific organization that received your donation. If the parent denomination and your local church are separate legal entities with different EINs, you should use the correct one on your tax return. Contact Tithe.ly support about this - they may be able to correct your statement. If not, you might need to get the statement from your church after all, or at least confirm which entity actually received your donations and which EIN to use.
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