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You're legally required to report your expenses. If you don't and get audited, you could face penalties for misrepresenting your income. The IRS expects rental properties to have expenses. What's happening is that your rental is probably showing a loss after expenses. Since your income is relatively high, these losses are being limited by passive activity loss rules. However, these losses don't disappear - they carry forward to future years or until you dispose of the property. Definitely talk to a CPA who specializes in real estate. This is a complex area and online tax software doesn't always explain things clearly.
Thanks for the clear explanation. I definitely don't want to do anything that would trigger an audit. Do you know if these carried forward losses have any time limit? Like if I keep the property for another 10 years, can I still use these losses when I eventually sell?
There is no time limit on carried forward passive losses. You can continue to carry them forward indefinitely until you either have passive income to offset them against or until you dispose of the property in a taxable transaction. When you eventually sell the property, you'll be able to use all accumulated passive losses against any type of income (not just passive income). This is one of the benefits of holding real estate long-term - those suspended losses can create a nice tax break when you ultimately sell the property, even if it's 10, 20, or more years down the road.
Another rental owner here! This is completely normal and happens to all of us with higher incomes. You NEED to report those expenses even though it seems counterintuitive. Here's why: 1) Those expenses adjust your basis in the property, which affects capital gains when you sell 2) Unused losses carry forward indefinitely 3) When you eventually sell, you can use ALL accumulated losses against ANY income type Also, don't forget to properly classify repairs vs improvements. Repairs can be deducted fully in the current year, while improvements need to be depreciated. That new flooring and sod might be improvements, not repairs.
How do you tell the difference between a repair and an improvement? I replaced my water heater last year and wasn't sure how to classify it.
One really important thing nobody has mentioned - get that unfiled tax return done IMMEDIATELY. The IRS doesn't look kindly on payment plan requests when you still have unfiled returns. When my husband was in this situation, we had to file all missing returns before they would even discuss payment arrangements. Also, depending on your boyfriend's income, he might qualify for Currently Not Collectible status if he can't afford payments right now.
Thank you for this advice. We made an appointment with a tax preparer for tomorrow to get last year's return filed properly. Do you know if we should wait to contact the IRS until after we've filed that missing return, or should we call them now to try to put a hold on the CP504?
I would contact the IRS immediately about the CP504, even before the tax return is completed. Let them know you're actively working on filing the missing return and have an appointment scheduled. Request a temporary hold on collection activities while you get everything in order. When you call, be prepared with your boyfriend's financial information because they might ask about his current income and expenses to determine what kind of payment arrangement is appropriate. The missing return is important, but addressing the immediate levy threat should be your first priority.
Make sure your bf doesn't ignore this! My roommate did exactly that thinking they wouldn't really do anything and the IRS ended up taking money directly from his bank account. They also sent notices to his employer and took part of his paycheck for months. The payment plan option is definitely the way to go. My roommate eventually set one up for $180/month on a $12k debt and they immediately stopped the levy actions. Just make sure he stays current on the payments!
One thing no one has mentioned yet - make sure you're calculating your cost basis correctly for the new shares. The dividend amount you report as income becomes your cost basis for the common shares you received. Also, check whether your preferred shares are from a qualified foreign corporation. That can affect whether your dividends qualify for the lower tax rate. I learned this the hard way last year when I had Canadian preferred shares and messed up the reporting.
Thanks for bringing up the cost basis point! Do you know if I need to track each batch of dividend shares separately for when I eventually sell? Like if I get quarterly stock dividends, do I need to track 4 different lots with different cost bases?
Yes, you should definitely track each distribution as a separate lot with its own cost basis and acquisition date. This becomes important when you sell, as you'll want to identify which specific shares you're selling to optimize your tax situation. Most brokers these days track this automatically in their systems, but it's good practice to keep your own records as well. I use a simple spreadsheet with distribution dates, number of shares, price per share on that date, and total value. It takes a little effort, but it makes tax time much easier, especially if you hold these investments for many years.
Has anyone dealt with fractional shares from these dividends? My broker gives me exactly $50 worth of stock each quarter which always results in some weird fractional amount like 2.371 shares. Makes my tracking spreadsheet a nightmare!
My broker does the same thing. I round to 3 decimal places for my records and it hasn't been an issue. The IRS isn't going to come after you for rounding $50.175 to $50.18 on your taxes. Just make sure your total dividend income for the year is reasonably accurate.
One thing nobody has mentioned yet - you should check if your partnership agreement has any provisions for "tax distributions." Many well-drafted partnership agreements require the partnership to distribute at least enough cash to cover the partners' tax obligations on allocated income. If your agreement has this provision, you might want to bring it up with the management company. If not, you might want to see if the partnership would consider amending the agreement to include one. It's pretty standard these days.
I actually hadn't thought to check the partnership agreement for that. I inherited this share and just kind of accepted what I was told. Is this something that would be obvious in the agreement or would it be buried in legal language?
It would typically be in a section about "Distributions" or "Tax Matters." It might use language like "The Partnership shall make distributions to Partners in amounts at least sufficient to cover their tax liabilities resulting from allocated Partnership income." If you can't find your copy of the agreement, you should request one from the management company. Even without a specific tax distribution provision, you could try negotiating with the other partners. Sometimes partnerships can do special tax distributions even without a formal requirement if all partners agree.
I would seriously consider selling your partnership interest if possible. Phantom income with minimal distributions is a terrible investment. Even if the company says they're not doing well, there might be other partners willing to buy you out, or possibly a third-party investor. Get an independent valuation of your partnership interest rather than just accepting the management company's assessment. They have no incentive to help you exit or paint a rosy picture of the value.
Isabella Tucker
Have you checked if you might be missing some deductions? My husband and I were in a similar situation ($240k combined income) and kept owing despite withholding at the single rate with 0 allowances. Turns out we weren't maximizing our retirement contributions. Once we both maxed out our 401ks, that lowered our taxable income enough that we broke even. Plus, you know, we're saving for retirement which is a bonus. Also, do you have any 1099 income on the side? Even small amounts of self-employment income without quarterly payments can push you into owing territory.
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Andrew Pinnock
ā¢That's an interesting point about retirement contributions! We do contribute to our 401ks but definitely not maxing them out. How much difference did that make in your tax situation? And no, we don't have any 1099 income - just our regular W-2 jobs.
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Isabella Tucker
ā¢For us, maxing out our 401ks made a huge difference. At your income level, it could save you around $8,000-10,000 in taxes annually depending on your tax bracket. When we went from contributing about 6% to the max (which is $22,500 per person for 2023), our withholding issues disappeared. It effectively reduced our taxable income by about $35,000 combined. It was a bit of a lifestyle adjustment to put that much away, but the tax savings plus the long-term retirement benefits made it worthwhile. And honestly, once it's automatically deducted, you adjust your spending and barely notice it.
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Jayden Hill
Check your state tax withholding too! Everyone's talking about federal, but my wife and I had this exact problem. We fixed our federal withholding but forgot about state taxes. We live in California with high state taxes, and even though our federal withholding was perfect, we were under-withholding for state.
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LordCommander
ā¢This! I'm in NY and had the same issue. The state withholding tables don't always scale correctly with the federal ones, especially for dual-income households in high tax states.
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