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Don't forget about depreciation recapture when you eventually sell! I made this mistake with my multi-family. Since I lived in one unit, I could only claim Section 121 exclusion on that portion. The rental portions were subject to depreciation recapture at 25% plus capital gains. Plan ahead!
That's a really good point - I hadn't even thought about the eventual sale. How exactly does that work? Do I need to track the depreciation separately for each unit or for the building as a whole?
You need to track depreciation separately for the personal portion and the rental portions. When you sell, you'll need to allocate the sale price between the units based on fair market value at the time of sale. For your personal unit, you can potentially use the Section 121 exclusion ($250k single/$500k married) if you've lived there for 2 of the last 5 years. The rental units will be subject to capital gains tax, plus depreciation recapture at 25% for all the depreciation you've claimed (or were required to claim even if you didn't). Keep detailed records of all improvements to establish your cost basis for each unit.
Curious what tax software everyone uses for multi-family properties? I tried TurboTax last year and it didn't seem equipped to handle all the allocations correctly.
I switched to TaxSlayer and it handles rental properties much better than TurboTax did. Has specific sections for multi-unit properties and asks all the right questions about personal vs rental use.
Just wanted to add one more thing - if you had taxes withheld from your paychecks, you definitely want to make sure you file! Since you only made $3200 for the year, you're likely entitled to get ALL of those withholdings back as a refund. Don't leave your money with the IRS!
That's actually super helpful to know! I definitely had taxes taken out of each check. Do you know if I need to file state taxes too? I'm in Illinois if that matters.
Yes, you should file state taxes for Illinois as well. Illinois has a flat income tax rate (currently 4.95%), and similar to federal taxes, if you had state taxes withheld from your paychecks, you'll likely get that money back if your income was only $3,200 for the year. The good news is that most tax software will let you file both federal and state returns, and will walk you through the process for both. Many of them offer free filing for simple tax situations like yours.
If all else fails, you can always request your wage and income transcript directly from the IRS. It won't come in time for this tax season, but it will show all income reported under your SSN including those W2s you're missing. Go to irs.gov and search for "Get Transcript Online" or call the transcript request line at 800-908-9946.
Have you tried using the NAICS code search tool on the Census Bureau website? It lets you search by keyword and browse through the hierarchy of business activities. I found it super helpful for my situation (I do conservation work on historical documents).
Thanks for suggesting that! I hadn't thought to look at the Census Bureau site. Did you end up using the same code on your Schedule C as the NAICS code you found? Did you have any issues with matching it to the IRS list?
Yes, I used the same code I found through the NAICS search for my Schedule C. The IRS business codes are actually based on the NAICS system, though sometimes they're slightly condensed. I did have to cross-reference what I found with the IRS list in the Schedule C instructions, but it was pretty straightforward. For my conservation work, I found code 711510 (Independent artists, writers & performers) through NAICS, and it matched perfectly with the Schedule C list. Just make sure you're looking at the most current list since they update them periodically.
My accountant told me that for contractors who work with museums, it really depends what you DO, not where you work. If you're doing administrative work, use 561110. If you're doing curatorial/collection management, use 712110 (Museums). If you're doing education/tours, use 611710.
Just a heads up - I tried doing MFS in California (community property state) using Free Fillable Forms last year and ended up filing on paper because I couldn't get past the verification errors. This year I did successfully e-file, but I had to do something a bit different. Instead of entering the W-2s exactly as shown on the forms, I entered them with already-calculated 50% amounts. So if my spouse's W-2 showed $80,000 in wages and $15,000 in withholding, I entered a W-2 for them showing $40,000 and $7,500 on my return. It felt wrong doing it this way since it doesn't match the actual W-2, but Form 8958 properly showed the allocation, and the verification passed with this method. Just another option if you're struggling with the override approach.
Isn't that technically incorrect though? I thought you're supposed to report the full W-2 amounts exactly as they appear on the forms, then use Form 8958 to show the allocation. Wouldn't entering modified amounts on the W-2 entries potentially cause issues?
You're absolutely right that it's not the technically correct way to do it. The proper way is to enter the W-2s as they appear and then use Form 8958 to allocate. However, Free Fillable Forms has this verification issue that prevents many people from e-filing when done the correct way. It's one of those situations where the system limitation forces a workaround. The important thing is that the final tax calculation is correct and Form 8958 properly shows the community property allocation. I spoke with a tax professional before doing it this way, and they said that as long as Form 8958 is included and properly shows how you derived your numbers, it should be fine. The IRS is ultimately looking at your taxable income, withholding, and whether you've properly split community property income.
Has anyone tried paper filing instead? After struggling with FFF for weeks last year (California MFS), I just printed everything out and mailed it. Took forever to get my refund but at least I didn't have to deal with the verification errors.
Paper filing works but it's sooo slow right now. I paper filed my MFS return from Washington state last year and it took almost 7 months to get my refund. The IRS is still catching up on their backlog.
Zoe Stavros
I've been in the restaurant industry for 8 years, and this tip/tax withholding issue is super common. Your employer is supposed to make sure enough is withheld to cover your tax obligations, but with the $2.89/hr base pay and insurance deductions, there's often nothing left. What I do is submit a W-4 with additional withholding specified, so they take extra from my larger paychecks (when I have good tip weeks). It's not perfect but helps avoid a massive tax bill at filing time. Also, make sure your employer is applying your reported tips to your Social Security earnings. Some shady places don't, and that affects your future Social Security benefits.
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Jamal Harris
ā¢How do you figure out how much extra to have withheld on your W-4? I always end up owing hundreds and get hit with an underpayment penalty too.
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Zoe Stavros
ā¢I use the IRS withholding estimator tool on their website. It lets you input your expected tip income and other variables, then recommends how much additional withholding to request on your W-4. For the underpayment penalties, you might want to look into making quarterly estimated tax payments instead of waiting until filing season. That's what I started doing - I set aside about 15% of my tips each week, then make quarterly payments using Form 1040-ES. It's a bit more work throughout the year, but way better than getting hit with those penalties every April.
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Mei Chen
Has anyone used the free VITA (Volunteer Income Tax Assistance) services for this kind of situation? I know they help with taxes if you make under $60,000 and I'm wondering if they can handle restaurant worker tax situations with all the tip complications?
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Liam Sullivan
ā¢I used VITA last year for my restaurant taxes. They were great with my W-2 and basic tip reporting but struggled a bit with some of the more complex situations like allocated tips vs reported tips. It probably depends on which volunteer you get and their experience level.
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