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One thing nobody mentioned yet - if your spouse already has a visa that allowed entry to the US (like B1/B2, F1, etc.), check if they have a visa number! My Ukrainian wife had a visa number in her passport that we could use instead of an ITIN for the first year while waiting for her SSN processing. Also, if you're not in a rush for the ITIN, you can file your taxes as "married filing separately" this year, then amend later once she gets the ITIN to capture any benefits from filing jointly. Sometimes this approach is less stressful if you're up against the filing deadline.
Thanks for this suggestion! She does have a visa stamp in her passport. Are you saying we could use the visa number in place of an ITIN? I had no idea that was an option. Do you just enter the visa number where the tax form asks for the spouse's SSN/ITIN?
Not exactly - I should have been more clear. You can't use the visa number on the actual tax forms in place of an ITIN/SSN. What I meant was that for certain purposes (like opening bank accounts), sometimes the visa number can be used temporarily. For tax filing, you'd still need to follow one of these approaches: 1) Get the ITIN by submitting the W-7 with your return, 2) File as "married filing separately" now and amend later when you get the ITIN, or 3) File for an extension to give yourself more time to complete the ITIN process. Sorry for any confusion!
One thing that saved us last year: if your spouse has a foreign driver's license, you can sometimes use that as supporting documentation along with the passport. My wife is Brazilian and we included her Brazilian driver's license with a certified translation, which seemed to help our application go through faster. Also, FYI for anyone reading this thread, processing times vary WILDLY depending on when you submit. Our first application (submitted in April) took nearly 4 months. When we had to resubmit some documents in November, that processing only took 3 weeks. The IRS is massively backlogged during tax season.
I run a small consulting business and pay around $800-900 for tax prep each year. What helped me bring costs down was keeping super organized records throughout the year. I use QuickBooks Self-Employed ($15/month) to track everything, categorize expenses automatically, and record mileage. When tax time comes around, I just hand over organized reports instead of a shoebox of receipts. Tax preparers charge less when you do some of the legwork!
Did you find it difficult to set up QuickBooks initially? I've heard mixed things about how user-friendly it is. Also, does it handle the LLC specifics well?
QuickBooks has a bit of a learning curve at first, but it's not too bad for a basic setup. I watched a couple YouTube tutorials and got comfortable with it in about a week. The mobile app is actually pretty intuitive for day-to-day stuff like taking pictures of receipts and tracking mileage. For LLC specifics, it handles the basics well for a single-member LLC (which is taxed as a sole proprietorship by default). If you have a more complex LLC setup with multiple members or special tax elections, you might need QuickBooks Online rather than Self-Employed. The main thing is that it keeps your business finances separate and organized, which is crucial for any LLC regardless of tax treatment.
Can anyone recommend tax software that's good for LLC owners? I'm thinking of ditching paid preparers altogether next year. I'm organized enough but just nervous about missing deductions.
Have you considered just selling your property on the open market and letting your mom purchase something else? The related party rules are there specifically to prevent the kind of arrangement you're describing. Even with the intermediary step, the IRS would likely view this as a related party transaction. I went through something similar with my daughter and we ultimately decided it wasn't worth the risk of invalidating the entire exchange. The potential tax consequences if the IRS challenges the exchange could far outweigh any benefits.
Thanks for the suggestion. We have considered that, but my property is in a really hot location that my mom has specifically wanted to invest in for years. It's also got some unique features that make it perfect for the rental strategy she wants to pursue. I'm willing to pay my capital gains tax, I just want to make sure she can get her 1031 benefits. But you're right that it might not be worth the risk if there's a chance her exchange could be invalidated.
I understand wanting a specific property type and location. One alternative approach might be for your mom to purchase a different replacement property now to complete her 1031 exchange properly. Then later (after a reasonable time period has passed), she could do another 1031 exchange from that property into yours. This would require more time and potentially more transaction costs, but it would avoid directly linking her current 1031 exchange funds to your property. You'd still owe taxes when you sell, but at least her exchange would be protected. Just make sure there's enough time and separate transactions between her current exchange and any purchase from you to avoid the step transaction doctrine.
I think everyone is overcomplicating this. The related party rules in Section 1031(f) mainly apply when BOTH parties are doing a 1031 exchange. If you're just selling normally and paying your taxes, and your mom is buying with 1031 funds, it should be fine.
That's actually incorrect and could get the OP in serious trouble. The related party rules absolutely apply even when only one party is doing a 1031 exchange. This is specifically addressed in Revenue Ruling 2002-83, which states that a taxpayer cannot use a qualified intermediary to acquire replacement property from a related party, even if the related party recognizes all gain in the transaction. The IRS's concern is that the exchange funds would ultimately be going to a related party, which could be used as a way to cash out while still getting exchange treatment. This is prohibited regardless of whether both parties are doing exchanges.
Quick question for anyone who knows - if I get an IP PIN now, does it protect my previous tax returns or only future ones? My cousin just had someone try to file an amended return for her 2022 taxes to steal her refund.
An IP PIN will only protect future tax returns, not previous ones that have already been filed. For the situation with your cousin's 2022 return, she needs to report the identity theft attempt immediately using Form 14039 (Identity Theft Affidavit). For protecting previous returns from fraudulent amendments, she should consider getting a Tax Account Transcript regularly to monitor for any unusual activity. The IP PIN is still worth getting to protect all future filings.
Just a heads up for anyone with dependents - you can (and probably should) get IP PINs for your kids too! I didn't realize children's Social Security numbers are actually MORE valuable to identity thieves because they have clean credit histories and the fraud often isn't discovered for years.
How do you get IP PINs for minors? Do they need their own IRS accounts? My kids are 8 and 10.
You request IP PINs for your dependents as part of your own IP PIN application. There's a section where you can add dependents - you'll need their Social Security numbers and dates of birth. They don't need their own IRS accounts since they're minors. I did this for my three kids last year, and it was actually pretty simple. Just make sure to keep track of all the PINs when they arrive, as each person (including each child) gets their own unique 6-digit number.
Lily Young
Another tip about Form 4868 extensions - make sure you keep proof of your payment and extension filing! Last year I filed an extension and made a payment, but somehow the IRS didn't link my payment to my extension properly. I got a notice about failure to file months later, and having my confirmation numbers and payment receipt saved me a ton of headache. I recommend taking screenshots of your confirmation pages and keeping the emails you receive. Also, if you use tax software like TurboTax or H&R Block, they usually have an extension filing option built-in that can calculate an estimate for you based on the information you've entered so far. Might help with your estimation!
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Kennedy Morrison
ā¢Is there a specific form or documentation the IRS sends to confirm they received your extension? I'm planning to file one for the first time and want to make sure I have all the proper documentation.
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Lily Young
ā¢The IRS doesn't typically send a confirmation specifically for Form 4868 extensions. When you e-file the extension, you'll get a confirmation from whatever system you use (IRS Free File, tax software, etc.) showing it was accepted. This acceptance confirmation is your proof. If you make a payment with your extension, you'll get a separate payment confirmation. Save both of these confirmations - the extension acceptance and the payment receipt. I recommend saving them as PDFs and also printing physical copies. If you mail your extension, definitely send it certified mail with return receipt requested so you have proof of when it was delivered.
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Wesley Hallow
Quick question - if I'm getting a refund (I'm like 99% sure based on my rough calculations), do I still need to file an extension? Or is the extension only necessary if you're going to owe money?
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Justin Chang
ā¢Technically, if you're getting a refund, you don't NEED to file an extension. The penalties for late filing only apply if you owe money. However, I still recommend filing the extension for two reasons: 1. If your calculations are wrong and you end up owing even a small amount, you'll be subject to late filing penalties if you didn't file an extension. 2. Some states require you to file a state extension even if you're getting a federal refund, so filing the federal extension covers your bases.
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Wesley Hallow
ā¢Thanks for the explanation! That makes a lot of sense. I think I'll file the extension just to be safe, even though I'm pretty sure I'm getting a refund. Better not to risk it in case my calculations are off.
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