Does the recapture amount decrease the longer you've had the qualified property in service? Or is it an all-or-nothing situation regardless of timing?

The recapture amount actually does decrease over time. The IRS reduces the recapture amount by 20% for each full year the property remains in qualified use. So if you maintain qualifying use for 1 full year, you'd face 80% recapture if you discontinued in year 2. After 2 full years, it drops to 60% recapture, and so on until you hit the 5-year mark, after which there's no recapture risk. It's definitely not all-or-nothing, which provides some relief if business conditions change.

When I went through the process last year, there wasn't a specific minimum investment threshold in the regulations, but realistically, the application process is competitive and favors larger projects with bigger environmental impacts. That said, $1.2M isn't necessarily too small, especially if you're in an energy community or creating jobs in an underserved area.

My brother works as a tax attorney and he says these FTC actions sometimes end with settlements that include customer refunds. But don't hold your breath - even if H&R Block settles, it could take a year or more before any money gets distributed. And the amounts are usually pretty small per person.

Thanks for the info. I figured it might be a long shot. I'm just annoyed that they've been getting away with this for so long. Definitely switching to something else next year.

You're probably not in their "target demographic" for the free version then. The FTC complaint isn't saying H&R Block is bad at doing taxes - it's saying they trick people who qualify for free filing into paying. If you have a more complex tax situation with lots of deductions, you probably should be paying for tax help anyway.

While they might be targeting the ultra-wealthy first, don't be naive. Once they ramp up enforcement capabilities and hire more auditors, those resources will eventually trickle down to auditing middle-class folks too. The IRS has always had a higher audit rate for lower-income taxpayers claiming EITC than for many millionaires.

That's a fair point about historical audit patterns, but the specific language in the funding legislation directs resources toward high-income individuals and corporations. The Treasury Department has explicitly stated they won't increase audit rates for households making under $400,000 compared to historical levels. You're right that we should stay vigilant though. The best approach is to keep good records, report honestly, and be prepared to substantiate your claims if questioned. The goal isn't to scare people, but rather to collect from those who have been intentionally avoiding their obligations for years.

Actually, part of the funding is supposed to go toward modernizing their systems and improving customer service. In theory, this should make processing faster, not slower. My tax preparer told me they're already seeing improvements in processing times compared to the covid backlog years.

Does Sprintax handle regular 1040 filing too? I'm actually a resident for tax purposes this year (passed the substantial presence test), so I need to file a regular 1040, not a 1040NR. That's why I was trying to use TurboTax.

Yes, Sprintax can handle your transition from nonresident to resident status. They have a feature specifically for people who were nonresidents in previous years but are now residents. It's called Sprintax Federal and can prepare regular 1040 returns. They're particularly good at dealing with the complications that come with that transition, like handling income from before and after your status change, properly reporting state tax refunds from nonresident years, and applying the correct treaty benefits if you're still eligible for any. Their system is designed to understand international tax situations even after you become a resident.

No, the standard deduction for nonresidents on 1040NR is not the same as itemized deductions. As a nonresident on F-1 last year, you were only eligible for a limited standard deduction (around $12,950 for 2023 if you were single). If you took the standard deduction (which most students do), then your state tax refund is NOT taxable this year. State refunds are only taxable if you itemized AND claimed state taxes as part of those itemizations in the previous year.

Oh that makes sense! I definitely took the standard deduction then because I remember the software recommending it since I didn't have enough deductions to itemize. So I can just put $0 for the taxable portion of my state refund?

That's a really good point I hadn't considered. So we need to be careful about both the 99-6 implications AND making sure we satisfy Section 351 for the C corp formation. Does the order of operations matter here? Should we structure the documents differently to better protect the Section 351 treatment?

The order of operations definitely matters for protecting your Section 351 treatment. I'd recommend structuring your documents to emphasize that the partnership interests are being contributed to the new C corp as part of the overall restructuring plan, not as separate transactions. You might want to consider having the agreements executed simultaneously rather than sequentially with a time gap. Even a few minutes between transactions creates risk. Another approach is to use binding agreements that explicitly reference each other and make clear that all steps are conditional on the completion of the entire plan. This strengthens your position that it's a single integrated transaction for tax purposes.

Good point! My LLC operating agreement specifically states that if only one member remains, the LLC continues without dissolution and automatically converts to a single-member LLC. Might be worth checking for similar language in the partnership agreement.