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17 Which states actually have these lower estate tax thresholds? Is there a simple list somewhere? My parents have property in multiple states and I'm trying to figure out if this is something we need to worry about.
3 As of 2023, the states with estate taxes are: Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. The exemption thresholds range from around $1 million (Massachusetts, Oregon) to $9.1 million (Connecticut). Some states also have inheritance taxes, which are different - they're based on who receives the assets rather than the total estate value. Those states are Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Maryland actually has both types of taxes! If your parents have property in multiple states, you definitely need to look into each state's rules. The concept of "domicile" becomes really important in determining which state's laws apply.
14 Question for anyone who knows: If I'm the executor of an estate AND a beneficiary of an IRA, am I personally liable if I distribute the IRA to myself (as the beneficiary) before paying the estate taxes? This is keeping me up at night.
8 Yes, you would be personally liable in two ways. First, as the executor, you have a fiduciary duty to handle the estate properly, which includes paying taxes before distributions. Second, as a beneficiary receiving assets from a taxable estate, you have transferee liability for your proportionate share of estate taxes. The IRS can come after you both as the executor who failed to ensure taxes were paid and as the beneficiary who received assets that should have been used to pay taxes. I strongly recommend getting professional help with this situation to avoid serious personal liability.
One thing nobody has mentioned - check if you had any written agreements with these roommates! Even if they're not on the deed or mortgage, if you have texts, emails or anything documenting that this was intended as a shared investment rather than a rental situation, you might actually have what's called an "equitable interest" arrangement. I went through something similar selling my condo. My brother helped with the downpayment and monthly payments but wasn't on paperwork. My accountant said our emails discussing his "investment" in the property created enough documentation to treat his portion as actual ownership interest, not a gift when I sold.
This is a really interesting angle I hadn't considered! We definitely have tons of texts and some emails where we specifically talk about everyone "investing" in the house and building equity together. We even had a spreadsheet we updated monthly showing everyone's contributions. Would those help establish this kind of arrangement?
Those texts, emails and especially that spreadsheet would be extremely helpful evidence! That's exactly the kind of documentation that can establish an equitable interest or informal partnership arrangement. The spreadsheet showing contributions is particularly valuable since it demonstrates an ongoing system of tracking "ownership" percentages. When I went through this, my accountant advised bringing all this documentation together, then drafting a simple letter documenting the original intent of the arrangement and how the proceeds distribution reflects each person's contributions. This creates a paper trail showing this isn't a random gift but rather the conclusion of a documented investment arrangement.
Has anyone considered using a CPA to document this properly? When I sold my house after having roommates contribute to the mortgage for years, my tax professional helped create what's called a "memorandum of understanding" that we all signed before the sale. The document basically acknowledged everyone's contributions over time and established agreed-upon percentages of ownership. Then when the sale happened, I issued everyone 1099s for their portion instead of treating it as a gift. My CPA said this was cleaner from a tax perspective and avoided gift tax reporting entirely.
Wouldn't issuing 1099s mean they'd have to pay income tax on the money though? That seems worse than just filing a gift tax return where no actual tax is owed (assuming below the lifetime limit). Did your roommates have to pay taxes on those distributions?
Something nobody's mentioned yet - if you're renting the garage to your own business, you need to be careful about the rental amount. The IRS will look for fair market value, especially in related party transactions. If you charge your business significantly above market rate for the garage space, that could trigger scrutiny regardless of the Augusta Rule situation. Have you considered having the business purchase the garage outright through a partial property sale? That might be cleaner from a tax perspective, though it comes with its own complications regarding property division.
That's a really good point about the fair market value. I've been researching comparable workshop spaces in my area to make sure I'm charging a reasonable amount. Would you recommend getting some kind of formal appraisal to document the fair market rental value? I hadn't considered selling the garage space to the business - that seems complicated since it's on the same property lot. Wouldn't that create zoning issues or require subdividing the property?
A formal appraisal would be ideal for documentation, but even gathering 3-5 comparable rental listings from your area can serve as reasonable support for your rental rate. Save screenshots or printouts of similar workspace rentals to keep with your tax records. You're absolutely right about the complications with selling just the garage. Unless your property is already zoned for mixed use, you'd likely face zoning issues. Subdividing residential property to sell a portion to a business entity is possible but extremely complex and might trigger reassessment of property taxes or other consequences. The rental approach you're considering is likely simpler from a practical standpoint.
Quick question - would converting the garage into legal living space (adding bathroom, kitchen, etc.) change this situation at all? I'm in a similar spot but was thinking of making my garage into an ADU that I could rent to my business partners when they visit for quarterly meetings.
If you convert it to a legal ADU with living facilities, it would likely be considered a separate dwelling unit entirely. This could actually work in your favor for the Augusta Rule because each dwelling unit gets its own 14-day exemption. Just make sure the conversion is permitted and up to code, otherwise you could have issues with both the IRS and local authorities.
Don't forget about workers' comp insurance! While not technically a "tax," it's calculated based on payroll and is required in most states. The rate varies by the type of work your employees do. For a bakery, your rates might be higher than some office jobs because of potential injuries from equipment, burns, etc. Each employee's wages get multiplied by the rate for their job classification. Keep this in your calculations because it's a significant payroll expense that catches many new business owners by surprise!
Omg I didn't even think about workers comp! Do I calculate that the same way as the other payroll taxes? Is there a standard percentage for bakery workers?
You don't calculate workers comp the same way as payroll taxes. You'll need to contact an insurance provider who offers workers compensation insurance in Illinois. They'll assign classification codes based on the type of work (bakers might be code 9083) and give you a rate per $100 of payroll for each classification. The rates for bakery workers vary widely by state, but in Illinois, you might expect something around $1.50-$3.00 per $100 in payroll, depending on your claims history and other factors. So if you have $10,000 in monthly payroll, you might pay $150-$300 monthly for coverage.
Plz dont make the mistake i made... i tried to do my own payroll and messed up the calculations so bad that i ended up owing like $2300 in penalties and interest. seriously consider just paying for a payroll service like gusto or quickbooks payroll, its like $45/month + $6 per employee which seems like a lot but way cheaper than the mistakes youll probably make trust me when i say the IRS doesnt mess around with payroll taxes!!! they hit u with penalties superrr fast if u mess up
Edison Estevez
Don't forget that while traditional Solo 401k contributions don't reduce SE tax, there's also the option of making employer contributions as well as employee contributions. As a self-employed person, you wear both hats! The employer contribution portion is based on your net self-employment income (after expenses AND after the deduction for self-employment tax). The combination of employee and employer contributions can significantly reduce your income tax even if it doesn't touch your SE tax.
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Holly Lascelles
ā¢Could you explain a bit more about the difference between employee and employer contributions when it's just me? I'm a bit confused about how I can be both when I'm a sole proprietor.
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Edison Estevez
ā¢When you're self-employed, you act as both the employee and the employer for retirement contribution purposes, even though it's just you. As the "employee," you can contribute up to $22,500 for 2023 (or $30,000 if you're over 50) from your compensation. As the "employer," you can also make an additional profit-sharing contribution of up to 25% of your net self-employment income (after deducting both business expenses and half of your self-employment tax). This dual contribution ability is what makes Solo 401ks so powerful for self-employed individuals - you can potentially put away much more than with other retirement options like SEP IRAs.
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Emily Nguyen-Smith
Has anyone used a SEP IRA instead of a Solo 401k? I heard they're easier to set up but wasn't sure about the tax implications compared to Solo 401k.
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James Johnson
ā¢I've used both. SEP IRAs are definitely simpler to set up, but Solo 401ks usually let you contribute more overall. Neither one reduces self-employment tax though. The main advantage of a Solo 401k is you can make both employer and employee contributions, while SEP IRAs only allow employer contributions.
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