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Just got thru this exact same situation!! Missed filing 2023 due to a family health crisis. My advice is DO NOT IGNORE THE IRS NOTICES when they start coming. I made that mistake and ended up with a substitute return where the IRS calculated my taxes without any of my deductions or credits, and it was WAY higher than what I actually owed. File ASAP even if you can't pay right now. The failure-to-file penalty is much bigger than the failure-to-pay penalty, so at least stop that one from growing!!!
How long did it take before they filed a substitute return for you? I'm trying to figure out how much time I have before that happens to me.
If you're really overwhelmed, consider getting professional help from a tax attorney or an Enrolled Agent (EA) rather than just a regular tax preparer. They can represent you before the IRS if needed and might be able to negotiate penalty reductions. I spent about $800 on an EA when I had 3 years of unfiled returns, and they saved me over $3,000 in penalties through abatement requests and proper filing strategies. Sometimes spending money on professional help actually saves you more in the long run.
I'm a landlord who got hit with this exact same issue. The key is understanding the difference between non-passive and passive income. Your father-in-law's salary/business income is non-passive, while rental income is considered passive (unless he qualifies as a real estate professional). The tax code only allows you to offset passive losses against passive income unless you meet specific exceptions. For high earners (over $150k), those exceptions get phased out completely. Here's the really frustrating part - the losses don't disappear forever. They get suspended and carried forward until either: 1) He has passive income to offset them against, or 2) He sells the property. So he's still getting dinged with higher taxes now even though these are legitimate expenses.
So what's the point of even owning rental properties if you're a high earner? Sounds like the tax benefits are completely eliminated.
There are still significant advantages to owning rental properties as a high earner. First, you're building equity as tenants pay down your mortgage. Second, you benefit from property appreciation over time. Third, you can still deduct expenses up to the amount of rental income (preventing tax on phantom income). Most importantly, those suspended losses aren't gone forever - they're carried forward indefinitely. When you eventually sell the property, all those accumulated losses can be used to offset the gain from the sale. Many investors also deliberately generate passive income from other sources (like REITs or certain business activities) specifically to absorb these carried-forward losses. The key is long-term tax planning rather than focusing on year-to-year deductions.
Has your father-in-law done any grouping elections for his properties? My CPA had me file a statement with my return to group all my rental activities as a single activity for passive loss purposes. This doesn't get around the income limitations, but it can help if some properties make money while others lose money.
I second this recommendation. Grouping the properties helped me a ton because my commercial property had positive income while my residential rentals were showing losses after depreciation. Without grouping, I couldn't use the losses from one against the gains from another.
Something nobody's mentioned yet - if you're in a high property tax state like NJ, NY or CA, the $10k SALT cap (State And Local Tax deduction limit) really affects whether mortgage interest helps you. My property taxes alone are $14k, but I can only deduct $10k of that. So even with $12k in mortgage interest, my itemized deductions barely exceed the standard deduction for married filing jointly. Before the 2017 tax law changes, having a mortgage was a no-brainer tax benefit for most homeowners. Now it really depends on your specific situation.
That's a really good point I hadn't considered! My property taxes are around $8k, and with state income tax on top of that, I'm definitely hitting that $10k SALT cap. Maybe that's partly why my mortgage interest doesn't seem to be helping at all with my taxes. Would you say it made sense for you to keep your mortgage or are you considering paying it off too?
I'm in a similar position to you - considering whether to keep or pay off my mortgage. For me, the math works out that I'm getting very minimal tax benefit from the mortgage interest. I'm getting maybe a $1,000 extra deduction from itemizing versus taking the standard deduction. At a 24% tax bracket, that's saving me about $240 in taxes while I'm paying far more in interest. I'm actually planning to pay off a significant chunk of my mortgage this year. Not the whole thing, but enough to reduce my interest to the point where I'll just take the standard deduction going forward. The psychological benefit of having a much smaller mortgage outweighs the tiny tax advantage for me.
Remember that even if mortgage interest isn't giving you a tax benefit now, if interest rates rise and your income increases, that could change in the future. I've seen ppl pay off mortgages then regret it when their tax situation changed a few years later and they could have benefited from the deduction. Also don't forget about inflation! $300k debt today will feel like much less in 15-20 years with normal inflation.
Adding to the discussion on income-only taxation - one major issue not considered is wealth inequality. Income tax only targets active earnings, but much of the wealth held by the ultra-rich isn't in regular income but in appreciating assets like stocks, real estate, etc. This is why many economists argue for some form of wealth taxation alongside income taxes. If we eliminated property taxes, capital gains taxes, etc., we'd basically be giving a permanent tax holiday to those who live primarily off assets rather than wages. Also, consumption taxes can actually be beneficial for economic stability because they provide a more consistent revenue stream during recessions when incomes might fall dramatically. No perfect system exists, but a balanced approach with simplified versions of different tax types probably makes more sense than going all-in on just income taxation.
Great point about wealth vs income! I never thought about how rich people often have low "income" on paper while their net worth grows by millions. How would you design a wealth tax that's actually effective without hurting regular people who might have a valuable house but not much cash?
Designing an effective wealth tax requires careful thresholds to target only significant wealth. For example, setting the threshold at $10 million in net assets would exempt most homeowners completely. You can also create progressive rates that increase with wealth levels and offer deferred payment options for asset-rich but cash-poor situations. The key is exempting primary residences up to a reasonable value, retirement accounts up to certain limits, and small business assets under a threshold. This protects regular people while still addressing the enormous untaxed wealth accumulation at the very top. Annual reporting requirements and strong valuation methods would be essential to prevent avoidance strategies.
Having lived in 6 different countries, I've experienced many tax systems firsthand. The simplest wasn't necessarily the best. In Singapore, they have very straightforward taxes, but it created other societal issues. In the Nordic countries, taxes are high but extremely transparent in how they're calculated and spent. The problem with income-only taxation is it misses huge parts of economic activity. For example, tourism: visitors consume resources but would pay zero under income-only systems. One approach I liked was in New Zealand, where they have a fairly simple GST (goods and services tax) applied broadly with very few exemptions, combined with a progressive income tax. The simplicity wasn't from having just one tax, but from having few exemptions and very clear rules.
Ally Tailer
My accountant tried to charge me $1500 extra for crypto this year too! I ended up using CoinTracker to generate my own 8949 and then just gave my accountant the final numbers for Schedule D. Cut my bill by like 60%. One thing to watch for - make sure whatever software you use calculates your gains using the same method your accountant has been using (FIFO, LIFO, etc). Switching methods midway can cause issues.
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Hugo Kass
ā¢That's exactly what I'm worried about! Did your accountant give you any pushback when you showed up with your own 8949 already done? And did you tell them ahead of time or just show up with the completed forms?
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Ally Tailer
ā¢My accountant was actually relieved when I showed up with the 8949 already completed. I did let her know ahead of time that I was going to handle the crypto portion myself so she wouldn't duplicate the work. She initially was concerned about the accuracy but after reviewing what I provided, she was comfortable using it. We confirmed I was using FIFO (First In, First Out) which is what she had been using all along. The key was making sure I gave her not just the summary figures but the detailed transaction listing so she could verify the work if needed. She ended up charging me her standard rate for the rest of my return without the crypto upcharge.
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Aliyah Debovski
Has anyone tried just creating a separate LLC for crypto trading activities and filing that on its own tax return? I've heard some people doing this to keep the crypto complexity separate from their personal taxes.
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Miranda Singer
ā¢That's actually a terrible idea for most people. Creating an LLC doesn't change how crypto is taxed - it's reported as pass-through income on your personal return anyway unless you elect corporate taxation. Plus you'd have all the extra compliance costs of maintaining a business entity, separate accounts, etc. Would likely cost MORE in the long run.
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Aliyah Debovski
ā¢Thanks for the clarification! I figured it might be too good to be true. Seems like using specialized crypto tax software and then providing the completed forms to my accountant is the better approach based on all the advice here.
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