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Great advice in this thread! One additional consideration for @ApolloJackson - since you mentioned this was your primary residence before becoming a rental, make sure you understand the depreciation recapture rules. If you claimed depreciation deductions during those 2 years when it was a rental property, you'll need to "recapture" that depreciation and pay taxes on it at a rate up to 25% (rather than capital gains rates). This recapture happens regardless of whether you use installment sale treatment - it's required to be recognized in the year of sale. Only the capital gain portion above the depreciation recapture can be spread out over the installment payments. Your CPA will be able to calculate this for you, but it's something to factor into your tax planning since it could affect your 2025 tax liability even though you're receiving payments over 15 years. Also, keep excellent records of all maintenance, improvements, and expenses related to the property during your ownership - these can help reduce your overall taxable gain!
This is really helpful information about depreciation recapture! I had no idea that part couldn't be deferred with installment treatment. @ApolloJackson, you should definitely gather all your depreciation records from those 2 rental years before meeting with your CPA. I'm curious - does the depreciation recapture apply to the full amount you claimed, or is it prorated based on the business use percentage if you used part of the home for personal purposes during the rental period? My situation might be similar since I'm considering selling a property that was partially used as a home office.
This thread has been incredibly informative! As someone new to this community but dealing with a similar situation, I wanted to add a few practical tips from my recent experience with owner-financing. First, definitely keep meticulous records from day one. I created a simple filing system with folders for: the original sales contract, promissory note, payment records, and tax documents. Each monthly payment gets logged with date received, amount, and the principal/interest breakdown. Second, consider setting up automatic payments if possible - it makes tracking easier and ensures consistent cash flow. I use a separate bank account just for these transactions, which simplifies record-keeping and makes it obvious what's investment income versus other sources. Finally, regarding the tax software limitations others mentioned - I found that even premium versions of popular tax software struggle with owner-financing scenarios. Having your amortization schedule prepared before tax season (either from the tools mentioned here or created yourself) will save you headaches later. @ApolloJackson - sounds like you're on the right track planning ahead! The fact that this was your former residence definitely adds complexity with the potential Section 121 exclusion and depreciation recapture, so having all your documentation ready for your CPA will be key.
@Annabel Kimball, thanks for the practical tips! I'm also new here but planning to do owner-financing on my rental property next year. Your suggestion about using a separate bank account is brilliant - I hadn't thought of that but it would definitely make the bookkeeping cleaner. Quick question about the amortization schedule - did you create yours manually or use specific software? I'm trying to figure out the best approach before I get too deep into negotiations with potential buyers. Also wondering if there are any red flags to watch out for when structuring the financing terms from a tax perspective? The complexity everyone's mentioning around @ApolloJackson's situation with the primary residence conversion is making me grateful my property has always been a straight rental! Seems like having that personal use history really complicates things.
@Joshua Wood, I created my amortization schedule using Excel initially, but honestly it was a pain to set up all the formulas correctly. I later discovered that most online mortgage calculators can generate detailed amortization schedules - you just input your loan amount, interest rate, and term, then export or print the results. For red flags from a tax perspective, here are a few things I learned to watch out for: Don't set the interest rate too low compared to market rates or the IRS might impute a higher rate for tax purposes. Also be careful about balloon payments - they can create unexpected tax consequences if not structured properly. One thing that caught me off guard was making sure the promissory note clearly states whether payments are applied to interest first or principal first (most standard loans apply to interest first). This affects your tax reporting, so having it explicitly documented prevents confusion later. You're definitely lucky to avoid the primary residence complications! @ApolloJackson's situation with the home-to-rental conversion creates so many additional considerations between the Section 121 exclusion, depreciation recapture, and business use calculations. Much simpler when it's been investment property the whole time.
This has been such an informative discussion! I'm dealing with a somewhat different situation that I hope someone can help with. My spouse has old tax debt from a business that failed about 8 years ago, but we've never been sure if the debt is still active since we never hear from the IRS about it. Based on what I've read here, I should definitely call that Treasury Offset Program number (1-800-304-3107) to check before we file our return this year. We typically get refunds of around $2,000-3,000, so losing that to old debt would be a real financial hit. One thing I'm curious about - has anyone dealt with a situation where the IRS debt was from a failed business? I'm wondering if business tax debt gets treated differently than individual income tax debt when it comes to offsets and the 10-year collection statute. My spouse was the sole proprietor, so I assume it would be treated as personal debt, but I want to make sure I understand this correctly. Also, if we do need to file Form 8379, should I be concerned about any additional scrutiny from the IRS since the original debt was business-related? I don't want to accidentally trigger an audit or create more problems by filing the injured spouse form. Thanks for all the great advice in this thread - it's given me a much clearer picture of what I need to do to protect our refund!
Your instinct about calling the Treasury Offset Program is spot on! Since it's been 8 years, there's a good chance that debt might be approaching or past the 10-year collection statute, depending on any extensions that might have occurred. Regarding business tax debt from a sole proprietorship - you're absolutely correct that it would be treated as personal debt for offset purposes. Sole proprietor business taxes are reported on your personal return (Schedule C), so any resulting debt is considered individual tax debt, not corporate debt. This means it would definitely be subject to the same offset rules as regular income tax debt. As for additional scrutiny from filing Form 8379 - you shouldn't be concerned about triggering an audit. The injured spouse form is a routine administrative process that thousands of people file every year. The IRS processes these forms to allocate refunds, not to examine the underlying tax returns. Filing the form is actually showing that you're following proper procedures to protect your portion of the refund. That said, definitely make that call to the Treasury Offset Program first. Given the 8-year timeline, there's a possibility the debt has been written off or is no longer actively being collected. If there's no active debt on file, you can skip the Form 8379 entirely and get your full refund without the extra processing time. Better to know for sure before filing!
This thread has been incredibly helpful! I'm a newcomer to this whole injured spouse situation and had no idea how complex it could be. My husband has old child support debt from before we were married, and I was completely confused about whether Form 8379 would even apply to us. A couple of key takeaways that really clarified things for me: 1. The form only makes sense if you're getting a refund - if you owe taxes, there's nothing to protect 2. You need to file it every year you expect a refund, not just once 3. The Treasury Offset Program number (1-800-304-3107) can tell you upfront if there's debt that could trigger an offset One question I still have - if we're married filing separately instead of jointly, does that automatically protect my refund from being taken for his debt? Or would I still need some kind of protection? I'm wondering if changing our filing status might be simpler than dealing with Form 8379 every year, especially since we don't get huge refunds anyway. Thanks to everyone who shared their real experiences - it's so much more helpful than just reading the IRS instructions!
Great question about filing separately! If you file married filing separately (MFS), your refund would be completely protected from your husband's child support debt since the IRS can only offset refunds from joint returns when one spouse has debt. Filing separately creates two completely independent tax returns. However, before switching to MFS, you should run the numbers both ways because you often lose valuable tax benefits when filing separately. Things like the Earned Income Credit, education credits, and the Child Tax Credit are either reduced or eliminated entirely for MFS filers. Plus, your tax brackets and standard deduction amounts are less favorable. If the tax cost of filing separately is more than what you'd lose to the offset (minus what you'd get back through Form 8379), then it might not be worth it. But if you're not getting huge refunds anyway and don't have dependents or qualify for many credits, MFS could definitely be the simpler route. The Treasury Offset Program number you mentioned is perfect for checking if the debt is even still active - child support enforcement varies by state, and some older cases do get closed or transferred. Definitely worth that quick call before deciding on your filing strategy!
Maybe Im just dumb here but im confused about something - if robinhood sent the 1099 to the IRS, wouldn't they have also sent it to your brother? Didn't he get any tax forms from them for 2021? Those forms should have all the info he needs to fix this
Robinhood sends tax forms electronically through their app/website. You have to log in to access them - they don't automatically mail them. A lot of people miss this and don't realize the forms are available. I made this exact mistake my first year trading.
This is exactly why I always tell people to be super careful with crypto taxes from day one. The IRS has been cracking down hard on unreported crypto transactions, and they have access to all the 1099 forms from exchanges. One important thing to add - when you file that amended return, make sure to include a detailed explanation letter with it. The IRS processors appreciate context about why you're amending, especially when there's such a big discrepancy. Something like "Originally failed to report cryptocurrency transactions due to misunderstanding of reporting requirements. Amended return includes complete Schedule D with all crypto transactions and correct cost basis." Also, don't panic about the timeline. You generally have 3 years from the original filing date to amend a return, so you're well within that window for 2021. The IRS will recalculate everything once they process your amendment, including removing those penalties and restoring the earned income credit. The good news is this is totally fixable, and you're definitely not the first person to go through this exact situation!
Really appreciate this detailed advice! The explanation letter is something I hadn't thought of - that's a great tip. Do you think it should be a separate document or can it be included somewhere on the actual 1040-X form? I want to make sure the IRS understands this was genuinely just a mistake and not intentional tax evasion. Also, you mentioned the 3-year window - does that clock start from the original filing date or the due date? My brother filed pretty close to the deadline that year so I want to make sure we're not cutting it close.
Quick tip about those missing 1099s - check if you have any settings in your account that might be directing the forms elsewhere. On Twitch especially, the tax documents often go to whatever email/address was set in your payment settings section, not your main account email. Also worth checking if either platform has a tax document portal in your account settings. Sometimes they don't email the forms but expect you to download them from your dashboard.
This happened to me! My 1099 from YT went to an ancient email I hadn't checked in years bc it was still linked to my adsense account. Worth checking all possible emails.
Hey CosmicCowboy! Congrats on the amazing streaming year - that's incredible income! I went through something similar last year with missing 1099s from multiple platforms. Here's what I learned: You absolutely need to report all that income on Schedule C regardless of whether you get the forms. The platforms are still reporting to the IRS what they paid you. For your mortgage application, you'll want to gather everything now - bank statements showing the deposits, screenshots of your earnings dashboards from both platforms, and any payment processor records (PayPal, etc.). Most lenders will accept these along with your tax returns, but they may want to see 2 years of consistent self-employment income. One thing that really helped me was setting up a dedicated business checking account for all streaming income going forward. Makes tracking so much easier and looks more professional to lenders. Also, make sure you're tracking business expenses! Equipment, software subscriptions, internet portion, home office space - these can really add up and reduce your tax burden significantly. With income at your level, proper expense tracking could save you thousands. Good luck with both the taxes and the mortgage application!
This is really helpful advice! I'm actually in a similar boat with inconsistent 1099s from different platforms. Quick question about the dedicated business checking account - did you have any issues with lenders when you switched accounts mid-year? I'm worried about breaking the payment history they'd want to see for income verification. Also, do you remember roughly what percentage of your income you were able to write off with business expenses? I'm trying to get a ballpark idea of what kind of tax savings to expect.
Dmitry Smirnov
One thing nobody mentioned yet - make sure you're paying quarterly estimated taxes on your tutoring income! I got hit with an underpayment penalty my first year as a contractor because I didn't realize I needed to make payments throughout the year.
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Zoe Alexopoulos
ā¢Wait, I didn't know this was a thing! My husband has extra withholding from his paycheck, but I haven't been paying anything quarterly. How do I know if we're covered or not?
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Anthony Young
ā¢You can check by looking at your total tax liability from last year and comparing it to what's being withheld from your husband's paycheck plus any estimated payments you've made. Generally, you need to pay at least 90% of this year's tax liability OR 100% of last year's tax liability (110% if your prior year AGI was over $150k) to avoid penalties. Since you file jointly, the IRS treats all your payments as one pool - so if your husband's withholding is high enough to cover both your incomes, you should be fine. You can use Form 1040ES to calculate what you should be paying quarterly, or many tax software programs will tell you if you need to make estimated payments when you're preparing your return. If you're unsure, it might be worth having a tax professional look at your situation, especially since you mentioned the filing deadline is approaching.
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Oliver Schulz
As someone who's been doing freelance consulting work for a few years, I can confirm that the QBI deduction is a real game-changer for independent contractors like yourself! Your tutoring income absolutely qualifies. One thing I'd add to the excellent advice already given - since you're working 30 hours a week, this is clearly a substantial business activity, not just a hobby. That strengthens your position for claiming business deductions. Also, don't stress too much about the complexity. The IRS has Publication 535 (Business Expenses) and Publication 587 (Business Use of Your Home) that explain everything in detail, but honestly, most tax software will walk you through the QBI calculation once you enter your Schedule C information. The key point everyone's made is correct - at your income levels, you should get the full 20% QBI deduction, which on $23,500 would be up to $4,700 in additional deduction. That's significant money! Since your deadline is approaching, focus on getting your Schedule C completed first (your tutoring income and any business expenses), then the QBI deduction will flow from there. You've got this!
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