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Ask the community...

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Zara Rashid

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Just to add one more piece to this discussion - don't forget about Section 199A qualified business income deduction! If your short-term rental rises to the level of a trade or business (which it sounds like it does based on your level of involvement), you may qualify for an additional deduction of up to 20% of your net rental income. This is separate from the question of offsetting losses, but something to keep in mind if your properties are profitable. The rules get complicated with phase-outs based on income level, but it's worth looking into.

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Ravi Gupta

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That's really helpful - I hadn't even considered the QBI deduction. Do you know if there are any special requirements for short-term rentals to qualify for this? And would taking the QBI deduction affect my ability to offset losses against W2 income in any way?

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Zara Rashid

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For short-term rentals to qualify for the QBI deduction, they need to rise to the level of a "trade or business" under Section 162, which generally means regular, continuous, and substantial activity - which your hands-on management would likely satisfy. The IRS also issued Revenue Procedure 2019-38 which provides a safe harbor specifically for rental real estate activities. Taking the QBI deduction doesn't affect your ability to offset losses. They're completely separate concepts. If your rentals show a net loss in a given year, there's no QBI deduction to take (since it's calculated on profits). But in profitable years, you'd potentially get both the regular business expense deductions and the additional QBI deduction on what's left.

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Luca Romano

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One thing nobody has mentioned yet - make sure you're tracking your time meticulously if you're claiming material participation! The IRS loves to challenge this during audits. I keep a detailed log of all activities: cleaning time, communicating with guests, handling repairs, researching/purchasing supplies, even time spent on accounting. Also save all emails, messages, receipts as backup evidence.

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Nia Jackson

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Agreed about documentation. My friend got audited on exactly this issue and the IRS disallowed their short-term rental losses because they couldn't prove they met the material participation hours. Keep a calendar or app with dates, times, and descriptions of all activities.

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Don't forget about the penalties for not reporting foreign accounts! I made this mistake two years ago and ended up with a $10,000 penalty because I didn't file the FBAR form on time. The IRS isn't very forgiving with foreign account reporting - they consider it a serious issue. Filing the amendment quickly and voluntarily disclosing the error before they discover it can help reduce penalties. If your accounts are small and it's an honest mistake, sometimes they'll waive penalties completely, but you need to be proactive about fixing it.

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That's terrifying! Did you end up actually having to pay the full $10k penalty? Were you able to get it reduced at all? I'm freaking out now because my accounts were inherited from my grandmother and I honestly didn't realize I needed to report them since the interest was only like $300.

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I was eventually able to get the penalty reduced to about $1,200 after going through a formal appeal process and demonstrating it was an honest mistake. The key was that I voluntarily amended my return before they discovered it. In your case, with such a small amount of interest and the fact that you're correcting it immediately, you might qualify for a complete penalty waiver under their "reasonable cause" exception. Make sure you include a detailed letter explaining that you inherited the accounts, were unaware of the reporting requirements, and are now voluntarily correcting the oversight as soon as you discovered it. The IRS is more understanding with inherited accounts since many people don't realize the reporting requirements apply to those too.

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Lucas Turner

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A quick tip about amending for foreign accounts - don't just file the 1040-X. Also file IRS Form 14653 (Certification by U.S. Person Residing Outside the United States for Streamlined Foreign Offshore Procedures) if you qualify. It can help you avoid penalties.

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Zara Perez

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That's actually incorrect advice. Form 14653 is only for U.S. persons who have been living abroad. Based on the original poster's mention of filing a California state return, they likely don't qualify for the Streamlined Foreign Offshore Procedures. They would potentially qualify for the Streamlined Domestic Offshore Procedures, which uses Form 14654, not 14653. However, even that program is generally for taxpayers who have failed to report foreign accounts for multiple years, not just a single oversight on a recently filed return. For a simple correction of a recent return where foreign interest was omitted, a standard 1040-X amendment is usually the appropriate approach, along with filing any required FBAR forms.

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IRS Tax Court Deadline Approaching While Examiner Still Processing My Audit Case

I'm stuck in a frustrating situation with my tax audit and hoping someone can help me make sense of what to do. Back in October 2023, I received a notice that I was being audited. I sent all my documentation promptly in November 2023, but the examiner didn't start reviewing my case until February 2024. We've been going back and forth with additional requested documents since then, and the examiner seems reasonable but incredibly slow at processing everything. The real problem is that I received a notice of deficiency in December with a deadline in May 2025 to petition the tax court. Here's where I'm confused - I've called the IRS twice and gotten completely opposite advice. The first representative told me I should definitely petition the tax court as a protective measure, and said the examiner would continue working on my case until the court date and could still resolve it in my favor. But when I called again yesterday, another rep insisted I should NOT petition if the examination is going well because the examiner would immediately lose jurisdiction once I file with tax court. So what do I do? Ignore the tax court deadline (which seems risky) or file the petition (which might derail the current examination process)? I've talked to a few tax professionals who gave mixed advice. One interesting suggestion was to skip petitioning the tax court, let the deficiency become final, and then respond to the Intent to Levy letter by explaining I'm still working with the examiner. They called this a "Collection Due Process" and said the IRS should complete the examination before collecting on the disputed assessment since I've been responsive throughout. Any advice would be greatly appreciated! Tax attorneys in my area want a $7K retainer just to help with this, which seems excessive.

If you can't afford an attorney but still want to protect yourself by filing a Tax Court petition, look into the Tax Court's Simplified Procedure for small tax cases (called "S cases"). It's designed for disputes under $50,000 and is much more informal - you don't need an attorney and the filing fee is only $60. I used this approach when I was in a similar situation. You can find the forms on the Tax Court website (ustaxcourt.gov). Even if you end up resolving the case with your examiner, having the petition filed gives you breathing room.

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Thanks for this suggestion! My dispute is actually for about $45,000 so this would apply to me. Do you know if filing this way still preserves all my rights if I later decide to get an attorney involved? And does the simplified procedure still allow the examiner to continue working on my case?

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Yes, filing under the simplified procedure (S case) still preserves your rights. The main difference is that S cases have a more informal process and you can't appeal the decision beyond the Tax Court. But that's rarely an issue since most cases settle before trial anyway. And absolutely, the examiner can still continue working on your case even after you file. In fact, once you file the petition, your case gets assigned to an IRS attorney who will often work with your examiner to try to settle the case quickly rather than going to trial. Many people find that filing the petition actually speeds up resolution because it puts time pressure on the IRS to wrap things up.

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Yara Sayegh

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One important thing to consider that nobody has mentioned: the 90-day deadline for filing in Tax Court runs from the date the Notice of Deficiency was issued, not the date you received it. Double-check the issue date on your notice and count exactly 90 days from there (not 3 months). If the 90th day falls on a weekend or federal holiday, your deadline is extended to the next business day. But if you mail your petition, it must be postmarked by the deadline date, not just sent. Trust me, I learned this the hard way and nearly missed my deadline by counting incorrectly!

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NebulaNova

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And make sure to send it CERTIFIED mail with return receipt if you're mailing it! That way you have proof of when you sent it in case there's any question.

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Maya Diaz

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You might want to consider De Minimis Safe Harbor election instead of depreciation. If your laptop's value at conversion was under $2,500, you could potentially deduct the business portion immediately rather than depreciating it over several years. You'd still multiply by your business use percentage, but you get the full deduction in year one.

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Tami Morgan

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Can you really use de minimis for a converted personal asset though? I thought that only applied to new purchases specifically for the business.

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Maya Diaz

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You're right to question this - there's some nuance here. The de minimis safe harbor typically works best for new business purchases. For converted personal assets, the IRS generally wants you to use depreciation based on the fair market value at the time of conversion. That said, there are some tax professionals who believe you could potentially apply de minimis in the year of conversion if you properly document the fair market value and business use percentage. It's definitely a gray area though, and depreciation is the more conservative and clearly acceptable approach.

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Rami Samuels

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This whole situation is why I just buy separate devices for business and personal use. Trying to calculate percentages and conversion values is way too complicated and can raise red flags with the IRS. Just spend the money on a dedicated business computer and save yourself the headache come tax time.

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Not everyone has the money to buy multiple devices though. When you're just starting out self-employed, you've gotta work with what you have. The tax savings from properly deducting a converted laptop could help fund that dedicated device later.

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Mei Lin

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Everyone's talking about refunds like they're free money from the government. A $21 refund is PERFECT - it means you loaned the government almost nothing during the year. If you're getting a $3000 refund, that means you gave the government an interest-free loan of your own money!! I always aim for owing a small amount (but not enough to trigger penalties). That way I keep my money throughout the year and can invest it or use it how I want.

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I understand your point theoretically, but most regular people aren't investing that extra $50-100 per paycheck. It's just getting spent. For many people, tax refunds function as a forced savings plan. I personally prefer getting a chunk back because otherwise that money would just disappear into my daily spending.

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Mei Lin

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You're making a fair point about the psychological benefit. The math doesn't lie though - if you're getting $3000 back, that's $250 per month you could have had in your pocket. Even if you just put that in a high-yield savings account at 4%, you'd earn an extra $70+ over the year. Not life-changing but still better than giving it to the government for free. The real solution is to improve financial discipline rather than using the tax system as a savings account.

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GalacticGuru

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Has anyone else noticed TurboTax is pushing their paid audit defense add-on really hard this year? I wonder if they're showing artificially low refunds to scare people into thinking they're at higher audit risk so they'll upgrade.

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I noticed this too! I was getting a really low refund and right after showing me that number, they immediately tried to sell me audit defense for an extra $49.99. Seems predatory to me.

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GalacticGuru

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That's exactly what happened to me! It honestly feels like they're using scare tactics. When I went through the same info with FreeTaxUSA instead, I got a much higher refund estimate without all the upsell attempts. I'm never using TurboTax again.

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