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I went down this rabbit hole last year when selling my business. Here's what my accountant (who doesn't sell either product) told me: monetized installment sales are specifically what the IRS targeted with Notice 2022-21, while DSTs are technically different but still high-risk. The key difference is that in a monetized installment sale, you're selling directly to the end buyer but getting a separate loan from a lender. In a DST, you're selling to a trust that then sells to the end buyer. The DST adds an extra layer that might avoid the specific issues in the IRS notice, but creates its own potential problems. He ultimately advised me against both and suggested a 1031 exchange into rental properties combined with opportunity zone investments for the portion that couldn't be exchanged. Ended up being less risky and actually gives me ongoing income.
But don't you lose flexibility with a 1031? I want to invest the proceeds in my new business venture, not just more real estate. Did your accountant discuss that limitation?
That's absolutely correct - 1031 exchanges definitely lock you into real estate investments, which was fine for my situation since I wanted passive income. For business investments, it wouldn't work. For investing in a new business venture, you might want to look into Qualified Small Business Stock (Section 1202) if you're setting up a C-Corp, or potentially an installment sale with a longer genuine payment period (without the monetization aspect that triggers IRS concerns). Both have limitations but might be less risky than DSTs or monetized installment sales. The right strategy really depends on your specific goals and risk tolerance.
Has anyone actually used either of these structures successfully? All I see online are promoters selling them or people warning against them, but never anybody who's actually done it and can speak to their experience several years later (after potential IRS audits).
I know someone who did a DST about 6 years ago. They're still getting payments from the trust and haven't been audited...yet. But they're constantly worried about it, especially with the increased IRS funding. Not sure the stress is worth it honestly.
Everyone is overlooking something important here - the timing could matter depending on what state you live in! Some states require your federal return to be fully processed before you can file state returns accurately. In California for example, if your federal amendment changes your AGI significantly, you'll need to amend your state return too. And filing your new year's state return with inconsistent prior year info can trigger automatic review. Before you decide, check your state's requirements for amendments and how they handle prior year references on current returns.
That's a great point I hadn't considered. We're in Michigan, and I'm not sure how strict they are about this. Do you know if Michigan has specific requirements about the timing of federal amendments and their impact on current year state returns?
Michigan is actually less strict than some states about this. They don't automatically require state amendments just because you amended federal (though you should if the changes affect Michigan taxable income). For your situation, Michigan won't flag your current return based on the prior year deduction method question alone. However, if your mortgage interest deduction relates to a Michigan property and affects your Michigan property tax credit, you'll want to make sure both years are consistent. I still recommend filing the amendment first or simultaneously with your current return, but Michigan isn't one of the states that will automatically reject or flag your current return over this specific issue.
I work at a tax firm and we handle this exact situation regularly. Here's what most preparers don't tell you: the IRS systems don't actually cross-reference your answer about last year's deduction method with their records before processing your current return. File your 2023 amendment and 2024 return simultaneously. On your 2024 return, answer according to what WILL be true after amendment (that you itemized in 2023). Keep a detailed note with your tax records explaining the situation and timing. In the extremely unlikely event you're ever questioned, this note shows you were being forthright and not attempting to misrepresent anything. What tax software are you using for 2024? Some handle this situation better than others.
Don't overlook state estate taxes too! Federal estate tax has a high exemption amount ($12.92 million for 2023), but some states have much lower thresholds. I learned this the hard way with my mother's estate - we were under the federal limit but got hit with a state estate tax bill we weren't expecting.
As of 2023, twelve states plus DC have estate taxes: Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. Michigan doesn't have a state estate tax, so you're fortunate there! The exemption thresholds vary widely - Massachusetts and Oregon have exemptions as low as $1 million, while states like Hawaii align more closely with the federal exemption. If your stepdad owned property in any of these states, you might still need to file a state estate tax return, even if most assets were in Michigan.
Consider opening a separate bank account for the estate using that EIN. It helps keep the estate finances completely separate and makes accounting much easier. We made the mistake of trying to track estate expenses through my mom's personal account after dad died, and it created a huge mess at tax time.
100% agree with this. When my husband died, having a separate estate account made everything so much clearer. Also made it easier to show the court during probate that I was handling things properly.
Your husband should check if his employer is using a percentage-based method rather than the standard IRS withholding tables. Some payroll systems allow for this option, where the employee can specify a fixed percentage or dollar amount to withhold instead of using the W-4 calculations. It's possible someone either made a data entry error (putting 0.25% instead of 25%) or the system itself has a bug. Your husband should specifically ask if they're using a percentage method and what percentage is currently in the system for him. Also, some payroll systems have a feature where they "true up" at the end of the year - withholding less throughout the year if they determine you've already met some threshold. Though that wouldn't explain the consistently low withholding you described.
That's a really good suggestion about the percentage-based withholding! I never even considered that possibility. Since the amount does seem to be consistently around 0.25% of his gross pay, that explains why it's so weirdly consistent. I'll have him specifically ask HR about this tomorrow. If they entered 0.25 when they meant 25, that's a massive error affecting everyone's taxes!
Glad I could help! This is exactly the kind of data entry error that can slip through, especially if the payroll person isn't carefully reviewing the resulting withholding amounts for reasonableness. If multiple employees are having the same issue, it strongly suggests a system-wide problem rather than individual W-4 issues. One more thing - make sure your husband documents all communications with HR about this. If the IRS questions the underwithholding or assesses penalties, having proof that you identified and tried to correct an employer error can help with penalty abatement.
Has anyone here actually successfully contested an underwithholding penalty with the IRS when it was the employer's fault? We're in a similar situation and owe about $3,800 plus a $220 penalty. š©
Yes! Request a First Time Penalty Abatement if you haven't had tax issues in the prior 3 years. The IRS is generally pretty reasonable with this, especially if you can document that the error was with your employer's payroll system and not your withholding choices.
Thanks for the info! I didn't know about the First Time Penalty Abatement option. We've always filed and paid on time before this, so sounds like we should qualify. Gonna call the IRS tomorrow and request this.
Luca Romano
Have you contacted your state's education department? When my son's technical college shut down, the state education department had taken possession of all student records including financial info. They were able to generate an official letter verifying his enrollment dates and tuition payments which the IRS accepted as a substitute for the 1098-T.
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Ravi Gupta
ā¢I hadn't thought about the state education department! That's an excellent suggestion. Did you have to request the letter specifically or did they have some kind of standard form they provided?
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Luca Romano
ā¢I had to make a specific request for the enrollment and tuition verification letter. Most state education departments have procedures in place for closed institutions, but you need to ask for exactly what you need. When you contact them, be sure to request both enrollment verification (with specific dates) and an itemized statement of all tuition and qualified expenses paid during the tax year. Be prepared to provide proof of your son's identity and your right to access his records, like a birth certificate or his signed authorization if he's over 18.
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Nia Jackson
Has your son checked his student portal access? My community college closed in 2023 but they kept the student portal system online specifically for tax document access. My 1098-T was available there even though the school itself no longer exists.
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NebulaNova
ā¢This! 100% this! Same thing happened with my brother's trade school. The main website was gone but the separate student portal system (run by a third-party) stayed up for document access. Worth checking if they used common systems like Blackboard, Canvas, or dedicated student financial portals.
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