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One thing to consider with land sales - the property tax assessor is NOT the authority on fair market value for capital gains purposes. I made this mistake and it caused problems. The IRS cares about the actual amount you sold it for (minus selling expenses) compared to your purchase price (plus improvements). If you've owned the land since 2009, make sure you have documentation of the original purchase and any improvements. If you don't have receipts for improvements, the IRS typically won't allow you to add them to your basis.
Thanks, that's really helpful! Actually, my dad has been meticulous about keeping records. He's got the original purchase documents from when he bought it, plus receipts for clearing some areas, putting in a gravel access road, and installing some drainage systems. Would all of those count as improvements to the property?
Yes, all of those would likely qualify as capital improvements that increase your basis! Clearing land, access roads, and drainage systems are classic examples of improvements that add to your cost basis because they're not regular maintenance but actual improvements to the property. Make sure you have those receipts organized and ready to provide if needed. The higher your documented basis, the less capital gain you'll have to report. This is exactly why keeping good records is so important with investment properties.
Just to add - capital gains rates depend on your total income too. If your dad's income is below $44,625 (single) or $89,250 (married) for 2025, the capital gains rate might be 0%! Between that and the next threshold (around $492k single/$553k married) it's 15%. Above that it's 20%. Plus some states add their own capital gains taxes on top of federal.
You should immediately pull your credit reports too! I had the same issue last year and discovered the tax return was just the beginning - the identity thief had also opened credit cards in my name. Go to annualcreditreport.com (the official site) and check all three bureaus. If you see anything suspicious, place a fraud alert or credit freeze right away. Also, check if your employer, accountant, or any financial services you use had data breaches recently. In my case, my information was leaked through my previous employer's payroll provider.
That's actually really helpful - I hadn't thought about checking my credit reports. Did you end up placing a credit freeze? I'm wondering if that's overkill or a smart precaution at this point.
I absolutely did place a credit freeze with all three bureaus (Equifax, Experian, and TransUnion). It's free to do, and you can temporarily lift it whenever you need to apply for credit. In my opinion, it's not overkill at all - it's basic protection. After dealing with the nightmare of clearing up the fraudulent accounts that were already opened, I wished I had frozen my credit years ago. Just remember that each bureau requires a separate freeze request, and make sure to keep the PINs they give you for when you need to unfreeze.
Has anyone mentioned that your accountant might have accidentally filed your personal return? This happened to me last year - my CPA had my 2022 return ready for review, but somehow it got e-filed before I approved it. When I tried to file my actual return, I got the same error code. Might be worth checking with them if they prepared a draft that got submitted by mistake.
This happened to me too! My accountant had a new assistant who thought she was supposed to e-file all the prepared returns in the system, including mine which was just a draft. Took months to sort out because I had to file an amended return even though I never approved the original. Definitely check with your accountant before assuming identity theft.
Just want to add - FIRE YOUR TAX PREPARER IMMEDIATELY! Telling you to "wait for an IRS letter" instead of properly handling tax elections is inexcusable and potentially costly negligence. A competent tax pro would have either: 1) Filed Form 2553 within the deadlines if S-corp was truly advantageous for you 2) Advised you to file Schedule E if that was more appropriate for your situation Instead, they put you in this mess. Also, it's questionable whether filing 1120S would even "help offset W2 income" for a simple rental property. That sounds like they were confusing rental real estate with active business income. Find someone who actually understands real estate taxation!
Thanks for being so direct! You're right, I'm definitely not going back to that preparer. Do you have any tips on how to find someone who actually specializes in real estate tax situations? I'm worried about just finding another generic tax person who might not understand these specific issues.
Look for a tax professional who is either a CPA or EA (Enrolled Agent) who specifically lists real estate investors as a client focus. Ask potential preparers how many clients they have with rental properties and LLCs. A good test question is to ask them to explain the differences between Schedule E reporting and S-corporation treatment for rental income - if they can't clearly articulate the pros and cons of each approach for your specific situation, keep looking. I also recommend checking with local real estate investor associations or networking groups - these often have recommended tax pros who serve their members. These professionals typically understand both the tax advantages and pitfalls specifically related to rental properties and real estate investments.
Im confused about one thing - if an LLC files 1120S without ever filing 2553, doesnt the IRS usually reject the return or send a notice? My brother did something similar and got a letter like 6 months later saying his S-corp election wasnt valid. did anyone else experience this?
Yes, this happened to me! Got a notice about 8 months after filing saying my 1120S was "filed in error" since they had no record of a valid S-election. They gave me 60 days to either file Form 2553 late (with reasonable cause) or file the correct return type. The lesson I learned is don't wait for their letter - it takes them forever to catch these things, and meanwhile you're continuing to file incorrectly.
7 Has anyone tried using the IRS2Go mobile app instead of the website? I had similar timeout issues on their website last year but discovered their app sometimes works when the site doesn't. It has a transcript request feature that uses a different system. Worth a shot before paying for a service or making appointments!
11 I tried the app last month and still had issues, but it did work eventually after a few attempts. The verification process seemed more streamlined than the website. Maybe because fewer people are trying to use the app compared to the main site? Definitely worth trying before paying for anything.
7 The IRS2Go app does use a slightly different authentication system which sometimes avoids the timeout issues on the main website. In my experience, it works best early in the morning (before 8am) or late at night when traffic is lower. Also, make sure your app is updated to the latest version as they've made improvements to the transcript request feature recently.
15 If everything else fails, file Form 4506-T by mail AND submit an extension using Form 4868 to give yourself more time. The extension gives you 6 more months to file (though you still need to pay any estimated taxes by the original deadline). This buys you time to get your transcript without penalty. I had to do this last year because of similar IRS issues.
Elijah Knight
Just wanted to share my experience - I filed on Feb 7, got my state refund on Feb 19, and my federal finally came through yesterday (March 9). So about 30 days for federal. Never had it take this long before. Used TurboTax and had direct deposit set up. Nothing complicated on my return either - standard W-2 income, standard deduction. Still took forever compared to previous years.
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Brooklyn Foley
•Did you claim any credits like EIC or child tax credit? I heard those automatically delay processing. I'm on day 25 of waiting and getting nervous...
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Elijah Knight
•No special credits at all, which is why I was surprised by the delay. Just a totally vanilla return with W-2 income and the standard deduction. From what I've gathered reading online, even the simplest returns seem to be taking longer this year. The IRS apparently prioritizes certain returns with credits for lower-income filers, which is understandable, but it means even simple returns can sit in the queue longer than usual.
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Jay Lincoln
Anyone else notice the "Where's My Refund" tool is basically useless? Just says "Your return is still being processed" for WEEKS with no additional info. How hard would it be for them to add a simple estimated date or at least tell us if there's an actual problem vs just being in a queue??
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Jessica Suarez
•Try calling the IRS directly at 1-800-829-1040. I was stuck in "still processing" for almost a month, called them, and found out there was a simple identity verification issue they never bothered to notify me about. After verifying my identity, I got my refund in 9 days.
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