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Something important to consider with syndications and cost segregation: when you eventually sell, you'll face depreciation recapture at a 25% tax rate (for real property) on all that accelerated depreciation you took. This catches many new investors by surprise. If your syndication sponsors intend to hold for 7-10 years like many do, you might be better off focusing on building more passive income sources now, so you can actually use those paper losses each year instead of just carrying them forward. Also worth noting that the passive activity rules have a special $25,000 allowance for active participation in rental real estate, but that phases out between $100k-$150k MAGI and typically doesn't apply to syndications since you're not actively managing the property.
Is there any strategy to minimize that depreciation recapture hit? I've got two syndication deals and just realized I'm building up a big tax bill for the future when they sell.
The most effective strategy is a 1031 exchange, which allows you to defer both capital gains and depreciation recapture taxes by rolling your proceeds into another "like-kind" property. However, this is complicated with syndications since you don't control the decision to sell or exchange. Some syndication sponsors offer 1031 options where you can roll your portion into their next deal, but not all do. Another approach is continuous investing - as one syndication sells (triggering tax), you're simultaneously generating new paper losses from new investments to help offset the hit. This requires careful timing and planning. Some investors also increase their passive income streams before a syndication sells, so they can utilize any remaining suspended passive losses to offset the recapture. This could be through additional real estate investments or even passive business activities.
Anyone have experience with using multiple cost segregation studies across different syndication properties? I'm wondering if getting involved in several deals would compound the tax benefits or if there are limitations I should know about.
I'm invested in 5 different syndication deals that all did cost seg studies. The paper losses absolutely compound and create a bigger total passive loss pool. There's no limit to how many properties you can take accelerated depreciation on, but remember that your ability to use those losses still depends on having passive income to offset.
Don't forget about your state taxes too! Depending on what state you live in, homeownership deductions can be different at the state level than federal. Some states have additional homestead exemptions or credits that aren't on your federal return. Check your state's tax department website.
I hadn't even thought about state tax implications! I'm in Michigan - do you know if there are specific homeowner benefits here? Also, does using the standard deduction on federal mean I have to do the same on state?
Michigan has a Homestead Property Tax Credit that's separate from your federal return. You may qualify for this even if you take the standard deduction on your federal return. It's based on your property taxes in relation to your household income, and can provide significant savings. No, you don't have to use the same deduction method for state as federal. You can itemize on one and take the standard deduction on the other - choose whatever gives you the best outcome for each return separately. The Michigan form MI-1040CR is what you'll need for the homestead credit.
Somethin to consider - if u bought your house in 2023 but are filing 2024 taxes, u can only claim interest/taxes for the time u actually owned the house that year! Made that mistake my first time & had to file an amendment. Check the dates on that 1098 form!!!
Also check if you paid points to get your mortgage! Those are usually deductible in the year you pay them. They should be on your closing documents.
What form do you use to track your capital loss carryover year to year? I've been using a spreadsheet but I'm wondering if there's an official IRS form I should be using instead. This is my third year carrying over losses and I want to make sure I have proper documentation in case of an audit.
Schedule D has a worksheet in the instructions called the "Capital Loss Carryover Worksheet" that you should fill out each year. It's not submitted with your return, but it's the official way to calculate your carryover amount. Keep it with your tax records! There's one for 28% rate transactions and another for regular transactions. You can find it in the Schedule D instructions PDF on the IRS website.
Thanks for the tip! I didn't realize there was an official worksheet in the Schedule D instructions. I'll definitely download that and start using it instead of my homemade spreadsheet. Makes sense they'd have something for this since so many people carry losses forward, especially after market downturns.
Is anyone else getting confused by tax software showing different numbers for this? When I enter my carryover loss in TurboTax, the summary screen shows one number, but when I look at the actual Schedule D preview, the amount seems different. I'm not sure which one to trust!
I've noticed this too! The difference is usually because the summary screen might be showing your net capital loss after offsets, while Schedule D shows the detailed breakdown. Check Form 1040 line 7 to see the actual amount of loss being applied against your income this year (max $3k). The software is probably right, but it's showing you different stages of the calculation.
Have you looked into treating this as a loan to the company rather than a reimbursement? If you properly document it as a loan you made to your business (even after the fact), then the repayment wouldn't be taxable income to you. I did something similar when I had to cover payroll during COVID before our PPP loan came through.
That's an interesting angle I hadn't considered. How exactly would I document it as a loan at this point? We've already processed the reimbursement as a regular transfer from the business account to my personal account a few months ago.
You'd need to create a promissory note between yourself and the company, with reasonable interest terms (look up the applicable federal rate for the time period), and have your board of directors (even if that's just you) approve it retroactively. Then reclassify the "reimbursement" payment as loan repayment in your books. Be aware that this approach works best if the amount was clearly definable and specific, like covering exact payroll amounts. If you've been mixing personal and business expenses regularly without clear documentation, this becomes much harder to justify. Also, don't forget to include any interest required on the loan when doing your taxes - even if you choose to forgive it, there can be tax implications.
Did your CPA mention anything about the possibility of treating this as an investment in your company rather than a nonaccountable plan reimbursement? Adding to your basis might be another approach depending on your business structure (S-Corp, LLC, etc).
This is a really good point. What type of business entity do you have, OP? The tax treatment can vary significantly based on whether you're running an S-corp, C-corp, sole prop, etc.
Tasia Synder
Make sure you actually have a legitimate business and not just a hobby! I tried deducting expenses for my "photography business" a few years ago, but the IRS rejected most of them because I hadn't shown a profit in 3 years. They reclassified it as a hobby, which meant I couldn't deduct any expenses against other income. For your situation, I think the key is whether this unpaid gig is part of building a legitimate business where you DO make money other times, or if it's just a one-off thing you're doing mostly for fun.
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Sydney Torres
ā¢Thanks for bringing this up! To clarify, I do have paying gigs throughout the year in the same line of work. This festival opportunity is unusual in that it's "payment in kind" rather than cash, but it's definitely part of my overall business strategy to build contacts and get higher-paying work. I've been profitable overall for the past year, just not with this specific job.
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Tasia Synder
ā¢That's good news! The fact that you have other paying gigs in the same line of work and are profitable overall will really help your case if you're ever questioned. Just keep good records showing how this unpaid gig connects to your overall business plan. Maybe even document any contacts you make or future opportunities that come from this festival work to show the business purpose. The IRS is most concerned with people trying to write off hobby expenses or vacations as "business" - since you have a legitimate business that makes money at other times, you should be on solid ground.
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Selena Bautista
Don't forget to track your mileage if you're driving your own car anywhere during this trip! Current rate is 65.5 cents per mile for 2023, which adds up fast. Also, keep receipts for EVERYTHING, even small purchases. Take pictures of them immediately so you don't lose them.
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Mohamed Anderson
ā¢The IRS mileage rate for 2023 is actually 67.5 cents per mile for the second half of the year (July 1-Dec 31). It was 65.5 cents for the first half. Just wanted to clarify so OP doesn't miss out on deductions!
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