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Ask the community...

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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.

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StarSeeker

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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?

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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.

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Paolo Conti

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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.

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Amina Diallo

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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.

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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.

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Jenna Sloan

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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?

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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.

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Laila Prince

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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!

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Isabel Vega

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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.

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Caesar Grant

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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.

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Naila Gordon

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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?

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Caesar Grant

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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.

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Lena Schultz

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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!

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How much did they take from his paycheck? Is it like a fixed amount or a percentage?

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Daryl Bright

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Don't forget that refunds for returns claiming Earned Income Tax Credit or Additional Child Tax Credit are automatically held until mid-February due to the PATH Act, regardless of when you file. The IRS does this to prevent fraud. So even if you file on day 1, if you're claiming these credits, you won't get your refund until at least February 15th.

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Romeo Quest

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Thanks for mentioning this! I'm not claiming either of those credits, just getting back over-withheld taxes from my bonuses. So hopefully I won't be affected by those delays.

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Daryl Bright

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You should be fine then! Since you're just dealing with over-withholding on bonuses and not claiming those particular credits, your refund should follow the standard timeline. Just make sure to file electronically with direct deposit selected for the fastest processing.

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Sienna Gomez

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Pro tip: File on a Monday or Tuesday early in the morning if possible. The IRS systems get backed up later in the week and especially on weekends when everyone has time to file. I've done this for years and consistently get my refund faster than friends who file on weekends.

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Is there actually any evidence for this or is it just something you've noticed personally? I've never heard the IRS say anything about processing returns differently based on the day of the week.

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Need advice on Schedule K-1 real estate partnership income - tax return taking a hit

I've been part of a small apartment building partnership since inheriting my uncle's share about 8 years ago. Every year they send me this Schedule K-1 form with a positive real estate income figure on line 2. The problem is that when I plug this into TurboTax, my refund takes a massive hit - between $625-$2,100 each year. What's frustrating is I've only received actual distribution checks twice during this entire time, totaling around $7,500, but the cumulative reduction to my tax refunds has been about $5,000. At this rate, this "investment" will end up costing me money instead of making any. I'm wondering if there's some deduction I should be claiming that I don't know about? Or is this the normal experience where you basically pay taxes on "phantom income" until the property eventually sells? Looking at Schedule E instructions, it seems the only thing that might reduce this would be Section 179 expenses? I reached out to the property management company, and they explained that the income shown is technically income, but it mainly gets allocated to cover expenses, repairs, etc. The few distributions we've gotten are just whatever's left over. When I asked about possibly selling my share, they mentioned the properties aren't performing very well anyway. Does it seem right that I should be paying substantial taxes on income I'm not actually receiving in my pocket? Any advice would be appreciated!

Nina Chan

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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.

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Tony Brooks

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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?

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Nina Chan

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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.

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Ruby Knight

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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.

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Selling a minority interest in a private partnership can be really difficult though. I tried to sell my share in a similar situation and the discounts were ridiculous - like 70% below what I thought it was worth based on the underlying real estate.

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