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Consider doing a 1031 exchange if you're interested in owning other real estate! You can defer paying capital gains tax if you reinvest the proceeds into a "like-kind" property. You'd need to identify the new property within 45 days of selling and complete the purchase within 180 days, but it could save you a lot in taxes.
My brother tried to do a 1031 exchange last year and it was a complete nightmare with all the timing restrictions. Make sure you have a qualified intermediary lined up BEFORE you sell if you go this route!
Is no one going to mention that $87,000 for 35 acres that was supposedly "worthless" sounds suspiciously low if a mining company is interested? You might want to get your own appraisal or consult with a lawyer before accepting their first offer. Mining companies typically don't make offers unless they know something valuable is there.
THIS! My cousin sold some "worthless" land in Wyoming to a mining company for what seemed like a great price, only to find out later they discovered a major lithium deposit. Do your homework before selling!
3 Just wanted to add something important here: if you have rental properties in an LLC, be careful about "grouping activities" on your tax return. My accountant made a mistake by grouping my rental properties with my real estate development business (where I flip houses), and suddenly ALL my rental income became subject to self-employment tax! Cost me an extra $14,000 in taxes before we fixed it with an amended return.
9 That's a really good point! How exactly do you "group" or "not group" activities on your tax return? Is that something on a specific form or schedule?
3 You'd indicate the grouping of activities on Form 8582 (Passive Activity Loss Limitations) and how you report the income on Schedule E versus Schedule C. The key is making sure rental activities stay on Schedule E as passive income (not subject to self-employment tax) rather than having them rolled into Schedule C business income (which is subject to SE tax). Your tax software might not flag this issue, so it's worth specifically asking your accountant about it. The IRS has specific tests for "material participation" and "real estate professional" status that determine how the income is classified.
16 Has anyone looked into using a Series LLC for multiple rental properties? I heard it could provide liability separation between properties while still being treated as one entity for tax purposes. Would that affect the FICA question at all?
2 Series LLCs are only available in certain states, and the tax treatment can get complicated. I use one in Texas for my 7 properties. The IRS hasn't given definitive guidance on Series LLCs, but generally they're still treated as pass-through entities that don't change the character of rental income. The FICA exemption should still apply as long as your rental activities remain passive.
One thing nobody mentioned yet - you need to file the returns with "DECEASED" written across the top and the date of death. Also, you should be filing Form 1040 with Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer) if you're not the surviving spouse. For investment accounts, if they were small, you might receive 1099-B forms in the mail in January/February for the tax year. If not, try contacting banks where he had accounts to see if they have records of investment accounts. Many people have small brokerage accounts attached to their checking accounts these days.
Thank you for mentioning those specific forms! I hadn't heard about Form 1310 yet. I'll definitely make sure to write "DECEASED" on the returns too. I've contacted his bank but they weren't very helpful without a court order or something official showing I have authority. I'm going to try again with his last bank statement to see if there are any transfers to investment accounts I can trace.
You're welcome. The Form 1310 is crucial - the IRS won't issue the refund without it when filing for a deceased taxpayer. And make sure you're using your uncle's final address on the return, which sounds like it should be the State B address where he actually lived. For the bank issues, you might need to get Letters Testamentary or Letters of Administration from the probate court, depending on your state's processes. Even for small estates, many states have a simplified probate process that gives you the legal authority you need. Without those documents, financial institutions are legally restricted in what information they can share, even with family members.
Be careful about the state residency issue. My cousin filed for my aunt using the wrong state and ended up with penalties from both states! State B will probably consider your uncle a resident if that's where he actually lived, especially if he had utility bills, a driver's license, or was registered to vote there. If possible, look for these documents to determine his legal domicile: - Driver's license - Voter registration - Utility bills - Property tax statements - Car registration The state where most of these documents point to is likely his legal residence for tax purposes.
One important thing nobody's mentioned - when you respond to the 886-A, make sure you keep copies of EVERYTHING you send to the IRS. I learned this the hard way when they claimed they never received my documentation during an audit last year. Also, if you're recalculating using the standard mileage method, make sure you have a mileage log that shows business vs. personal use. They often request this as follow-up if you don't provide it initially. Without a log, they might reject the standard mileage claim too.
Is it too late to create a mileage log now? I kept rough track in my calendar of my routes and deliveries but didn't have a formal "mileage log" per se. Can I recreate one from my notes?
You can reconstruct a reasonable mileage log from your existing notes and calendars. The IRS doesn't require a specific format - they just need to see evidence that you tracked business vs personal miles. Include dates, starting location, destination, purpose of trip, and mileage for each business drive. Be honest about reconstructing it from your notes - don't claim it's an original contemporaneous log if it isn't. Many small business owners have to reconstruct logs during audits, and the IRS understands this as long as you have some supporting documentation like your delivery schedules, client meetings, etc.
Has anyone actually calculated whether it's better to use standard mileage vs actual expenses for newspaper delivery? I'm curious because I do food delivery and always claimed mileage (about 19,000 miles last year) but never bothered to track my actual car expenses to compare.
For high-mileage, lower-cost vehicles, standard mileage rate usually wins. I've done both delivery and rideshare for years. When I tracked both methods side by side last year, standard mileage gave me a $9,850 deduction while actual expenses would have been around $7,200. But it totally depends on your vehicle and situation.
Zoe Wang
Just a heads up, I was having the same issues with TaxAct but found that it works if you use Microsoft Edge in InPrivate mode. Something about their scripts conflicts with certain browser extensions. Not ideal but might help if you're stuck with them and can't get a refund.
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Connor Richards
ā¢Does this fix the support page too? I still need to get a refund since I already paid for Premium which doesn't even work.
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Zoe Wang
ā¢It did partially fix the support page for me - I could at least access it, though submitting forms was still hit or miss. For refunds, I had better luck calling their billing department directly at 319-373-3600 and selecting the billing option. Took about 25 minutes on hold, but I eventually got through to someone who processed my refund. The support page seems to be completely broken, but their phone systems still work.
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Grace Durand
This is why I never pay for tax software until I'm ready to file. I always use the free version to input everything, then only upgrade at the very end if I need to. That way if there are issues, I haven't spent any money yet. TaxAct worked fine for me last year but I'm avoiding them this year after seeing so many complaints.
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Steven Adams
ā¢Smart approach. Which software are you using this year instead? I need to find an alternative to finish my returns.
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