


Ask the community...
I think there's something important no one has mentioned yet. Even if you qualify as an active investor through material participation, there's a very specific definition for "real estate professional" status that allows you to deduct losses against non-passive income (like your spouse's W2). To qualify as a real estate professional: 1. You must spend 750+ hours in real estate activities 2. More than 50% of your personal services must be in real estate businesses 3. You must materially participate in each rental property (unless you elect to group them) The grouping election is CRUCIAL and often overlooked. Make sure you file Form 8582 correctly and consider making an explicit grouping election of your properties as a single activity.
This is really helpful! I didn't know about this grouping election at all. Where exactly do I make this election? Is it something I need to file separately or is it part of the regular tax forms?
You make the grouping election by attaching a statement to your tax return in the year you want to start the grouping. The statement should identify the properties you're grouping together and state that you're treating them as a single activity for passive activity purposes under Regulation 1.469-4(c). Once you make this election, it's binding for future years unless your facts and circumstances change significantly. The statement doesn't have a specific form - it's just a written declaration attached to your return. Many tax software programs don't prompt you for this, so you may need to create it separately and attach it as a PDF if filing electronically.
I tried claiming real estate professional status a couple years ago and got audited. The IRS was primarily focused on my time logs. They wanted DETAILED records - not just "4 hours on Property A" but exactly what I did during those 4 hours. Just a warning to document everything meticulously!
What tax software did you use when you got audited? I'm wondering if some programs flag these deductions more than others.
I used TurboTax when I got audited. I don't think it was the software that triggered the audit though - from what the auditor told me, it was more that claiming real estate professional status with significant losses is just a common audit trigger, especially with higher household income. The auditor specifically looked for contemporaneous documentation - meaning records created at the time I did the work, not reconstructed later. They were suspicious of round numbers (like exactly 4.0 hours) and wanted to see variation in my time logs to make them seem more authentic. My recommendation: keep a daily log using a time-tracking app or detailed calendar entries.
I've been through this exact situation. Make sure you're also looking at the "tiebreaker rules" for claiming a dependent. Since you're the biological parent and your ex's boyfriend is not, you would win any tiebreaker situation if both of you tried to claim your daughter in the same year. The tiebreaker rules prioritize parents over non-parents. Also, keep records showing that your daughter doesn't live with the boyfriend year-round. If they try to claim her anyway and the IRS flags both returns, you'll need to prove your case. Things like school records showing your address, medical records, and documentation of your custody arrangement are all helpful.
Thanks for the advice on the tiebreaker rules. I didn't know parents get priority over non-parents. That's really helpful. I definitely have plenty of documentation showing my daughter doesn't live with the boyfriend full-time. Our custody is actually 60/40 with me having the 60%, so I have her more than half the year anyway. So even if my ex was trying to claim her in her years, sounds like I'd win the tiebreaker?
Yes, with 60% custody, you definitely have the stronger claim under the IRS residency test since your daughter lives with you for more than half the year. And you're right - biological parents do have priority over non-parents in tiebreaker situations. The fact that you have majority physical custody actually means you could technically claim your daughter every year under IRS rules, regardless of what your custody agreement says. However, be aware that violating your custody agreement (even if IRS rules would allow it) could potentially lead to family court issues. Some judges take tax provisions in custody agreements very seriously.
Make sure you're keeping detailed records of when your daughter is with you vs when she's with your ex. If your ex's boyfriend does try to claim her and it triggers an IRS review, having a calendar with all the days marked will be super important. Also save things like school records that show your address, medical appointments you took her to, etc. My sister went through something similar and what helped her was having text messages where her ex admitted the kid lived with her most of the time. The more documentation you have, the better!
I messed up a similar situation last year with distributions from my IRA. From personal experience, here's what will probably happen if you don't amend: 1. In about 6-12 months, you'll get a CP2000 notice saying they found unreported income 2. They'll calculate the additional tax plus interest and penalties 3. You'll either have to pay it or contest it It's way easier to just file the 1040-X now. The penalties will be lower and you'll avoid the stress of getting that IRS letter.
Thanks for sharing your experience! How complicated was it to file the amendment? I've never done one before and I'm worried I'll mess it up somehow.
Filing the amendment through TurboTax was pretty straightforward. Since you already filed with them, you just log in, choose the option to amend your 2023 return, and follow the prompts. It'll ask what you're changing, and you'd select "income" and then add the 1099-R information. The system recalculates everything automatically. Just review the changes carefully before submitting. If your situation is simple like mine was (just adding a missed form), it shouldn't take more than 30-45 minutes. The hardest part is waiting for processing - paper amendments can take 6+ months to process currently.
Just curious, did your 1099-R have code G in box 7? That code is specifically for a direct rollover to a Roth IRA and has specific tax implications. If your form doesn't have the right code, it could affect how it should be reported.
Not the OP, but I think that's what they meant by "Form G" - they were referring to the distribution code in box 7. That's super important for determining the tax treatment.
There's another option that nobody has mentioned yet. If the property will be used as the buyer's residence AND the sale price is under $1 million, the withholding rate is reduced from 15% to 10%. Also, if your coworker has owned and used the property as her main home for at least 2 of the last 5 years, she might qualify for the primary residence exclusion, which can exclude up to $250k of gain from taxation ($500k for married couples). The realtor is giving terrible advice. Selling below market value is literally throwing money away.
Does the primary residence exclusion apply to nonresident aliens too? I thought that was only for US citizens and residents.
You're right to question this - the primary residence exclusion actually doesn't apply to nonresident aliens. I should have been more clear about that. While US citizens and resident aliens can exclude up to $250k/$500k of gain on a primary residence, nonresident aliens generally cannot take advantage of this exclusion. However, the reduced withholding rate (10% instead of 15%) for properties under $1 million that will be used as the buyer's residence still applies regardless of the seller's status. This is just for the withholding amount though, not the final tax liability.
I was in this exact situation last year. Tell your coworker to file IRS Form 8288-B BEFORE closing to request a withholding certificate for a reduced amount based on her expected actual tax liability. You'll need: - Copy of purchase contract - Estimated closing statement - Proof of her basis in the property (original purchase price + improvements) - Calculation of expected gain It takes 2-3 months to process so start ASAP! If the sale needs to happen before approval, she can still get a refund by filing a tax return, but having thousands tied up with the IRS for months isn't ideal.
Can u file the 8288-B yourself or do u need a tax preparer to do it?
GalaxyGlider
14 A friend of mine thought he was in the clear after 10 years passed, but turned out he had filed for bankruptcy during that time which paused the collection statute. The IRS came after him 12 years later and it was totally legal because of the bankruptcy suspension. Always get your actual CSED verified before assuming you're safe.
0 coins
GalaxyGlider
ā¢7 That sounds terrifying! How long was his bankruptcy and how much extra time did it add to the collection period? I'm wondering because I did a Chapter 13 a few years ago and now I'm worried about my tax debts.
0 coins
GalaxyGlider
ā¢14 His bankruptcy added almost 3 years to the collection period. The CSED clock stops completely during the bankruptcy plus 6 months afterward. His Chapter 7 lasted about 8 months, but with the additional 6-month suspension, that's 14 months total that got added to his 10-year period. Chapter 13 bankruptcies typically last 3-5 years, so that could potentially add a substantial amount of time to your collection period. I'd definitely recommend getting your transcripts and having someone calculate your actual CSED dates taking the bankruptcy into account.
0 coins
GalaxyGlider
21 Does anyone know if the IRS typically files tax liens before the CSED expires? I have about 14 months left before my 10 years are up but I'm worried they'll put a lien on my house at the last minute.
0 coins
GalaxyGlider
ā¢17 Yes, the IRS often becomes more aggressive with collection actions as the CSED approaches. Filing a Notice of Federal Tax Lien is definitely something they consider when the clock is running out. The important thing to understand is that even if they file a lien shortly before the CSED expires, the lien should self-release when the collection statute expires.
0 coins