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Something nobody's mentioned - if you do rent below market rate to a family member, you should still report all the rental income on Schedule E, but you might be limited in the losses you can claim. If you charge Fair Market Rent, you can potentially deduct losses against your other income (subject to passive activity loss rules). If you don't charge Fair Market Rent, your deductions might be limited to the amount of rental income you received - meaning you can't claim a loss. It's in Publication 527, but it's kind of buried in there. Worth considering if you're planning to claim a loss.
Is that always true though? I thought there were exceptions based on how many days you rent it and personal use days? The whole 14-day rule and all that?
Has anyone considered just charging full market rate to the family member, then gifting some money back separately? Like if market rate is $1500, charge them that, then gift $300 back each month? Wouldn't that avoid all these fair market rent issues?
That approach could potentially create even bigger problems. The IRS looks at the substance of transactions, not just the form. If they determine the arrangement is actually a disguised below-market rental, they could disallow your rental expense deductions AND potentially treat the "gifts" as taxable rental income that you failed to report. Additionally, regular monthly gifts that coincide exactly with rent payments would look suspiciously like a tax avoidance scheme. It would be hard to argue these are genuine gifts rather than just a way to circumvent the Fair Market Rent rules. I'd strongly advise against this approach.
Former tax preparer here - one thing nobody mentioned yet is that you should absolutely keep ALL your delivery receipts/statements from the DoorDash app for at least 3 years. These can help you reconstruct a reasonable mileage estimate AND prove your income if ever questioned. Also, don't forget about the little deductions that add up: portion of your phone bill, hot bags, car chargers, cleaning supplies for your car, etc. Many gig workers miss these because they focus only on mileage.
What percentage of my phone bill can I reasonably deduct? I use it for personal stuff too obviously.
For your phone bill, you need to determine what percentage is used for business purposes. If you use your phone for DoorDash about 30% of the time, you can deduct 30% of your bill. Be honest but don't shortchange yourself. Some dashers keep track for a typical week to establish a pattern, then apply that percentage to the whole year. The same concept applies to other mixed-use items. Just make sure you can explain how you arrived at your percentage if asked. And always keep your monthly phone bills as documentation - digital copies are fine.
Do any of you dashers know if the standard mileage rate is better than claiming actual car expenses? I put a lot of miles on my car last year doing deliveries.
In my experience as a full-time dasher for 3 years, standard mileage is almost always better for delivery drivers. The rate for 2024 is 67 cents per mile which really adds up when you're putting 20k+ miles a year for deliveries. Plus it's way simpler than tracking all your actual expenses and calculating depreciation.
Quick tip from someone who dealt with this last year - make sure you also check your state tax requirements. In some states, you need to file additional paperwork at the state level to report misclassification. I'm in California and had to file a separate form with the state labor board. Also, keep detailed records of EVERYTHING that shows you were treated as an employee - emails about your schedule, equipment they provided, org charts showing your supervisor, orientation materials, etc. If you get audited or the company challenges your misclassification claim, this evidence will be crucial.
Thanks for mentioning this! I'm in New York - do you know if I need to file anything special with the state here? I definitely have plenty of evidence (emails, company handbook they gave me, etc). Should I be reaching out to the company about this or just handle it on my tax forms?
New York has pretty strong worker protection laws. You'll want to look into filing the IT-2104 form which is NY's equivalent of the W-4 for your state taxes. Also consider filing a report with the NY Department of Labor about the misclassification - they take these cases seriously and can help recover the employer portion of taxes you shouldn't have to pay. Regarding contacting the company, it depends on your relationship with them. Some people have success simply explaining the situation to their former employer and requesting they issue a corrected W-2. Others find this creates conflict. If you need them as a reference, consider how approaching them might affect that relationship. Either way, you can still file correctly on your end using Form 8919 even if they refuse to correct their mistake.
Has anyone actually had the IRS rule in their favor on an SS-8 form? I filed one 2 years ago for a similar situation and it took 11 months to get a determination letter. They did rule I was an employee but by then I had already paid the full self-employment tax. Had to file an amended return to get the overpaid taxes back.
Yes! I got a favorable determination but it took forever (9 months). The key was documenting everything thoroughly in the initial filing. I included copies of emails showing they controlled my schedule, photos of the company equipment I was required to use, their employee handbook they made me follow, etc. The more evidence you provide upfront, the faster and more likely you'll get a favorable ruling.
Something everybody misses with options: make sure you're identifying the correct cost basis! Robinhood and other platforms sometimes report the wrong basis for options, especially if you've been rolling contracts. Double check their numbers against your actual trade confirmations. Also, if you've been assigned or exercised any options, the tax treatment gets even more complex. Those aren't straight capital gains transactions.
This! I had Robinhood show completely wrong basis amounts for some options I exercised last year. How do you correct this on your tax forms if the 1099 is wrong?
You need to file Form 8949 and check box C for short-term transactions with incorrect basis. Then you'll list the transaction as reported on your 1099-B, but you'll make an adjustment in column g to correct the basis amount. In the code column, you'll enter "B" which means that the basis was reported incorrectly by the broker. Keep detailed records of your actual trade confirmations showing the correct basis in case you're ever audited. It's definitely more work, but it ensures you're not overpaying taxes because of broker reporting errors. Most tax software has a way to enter these adjustments, though it's not always obvious where to find that section.
Has anyone noticed if Robinhood's 1099s are more accurate this year? Last year mine was a complete disaster with options trades and I ended up having to manually correct almost everything.
Yara Khalil
For anyone dealing with this basis carryover situation, here's what I've learned after dealing with it for several years: 1. Keep ALL your Form 8606s forever - you need them to prove your basis 2. Make sure you're including the previous year's basis on Line 2 each year 3. The basis will eventually get used up in years when your investments gain value before conversion 4. There's no time limit on how long you can carry the basis forward The most important thing is consistency in your record keeping. The IRS computers will flag discrepancies if you suddenly change how you're reporting basis from one year to the next.
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Keisha Brown
ā¢Do you know if there's any way to "reset" this if you've been doing it wrong? I realized I've been missing my carryover basis for like 3 years now. Can I file amended returns or is it too late?
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Yara Khalil
ā¢You can absolutely file amended returns to correct your basis tracking. For IRAs, you generally have 3 years from the original filing deadline to amend returns. So if you just realized this now, you can likely still fix the past 2-3 years. I'd strongly recommend filing Form 8606 amendments for each affected year, starting with the earliest one first, then working forward. Each amended return will affect the next year's starting basis. It's a bit of a pain, but way better than permanently losing your basis and potentially paying taxes twice on the same money down the road.
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Paolo Esposito
Gotta say, I'm still confused about how Form 8606 works with these carryovers. My tax software seems to just put zeros everywhere and I don't think it's tracking my basis correctly from my backdoor Roth conversions that lost money. Would it be better to just ditch the software and do this form manually?
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Amina Toure
ā¢YES! Do the 8606 manually! I found that most tax software completely messes this up. I use tax software for everything else but fill out the 8606 by hand and then override the software's calculations. It's the only way to make sure your basis is tracked correctly year to year.
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Paolo Esposito
ā¢Thanks for the advice! That's what I was suspecting. I'll do the 8606 manually this year and make sure I'm tracking my carryover basis correctly. Seems like even the "premium" tax software packages don't handle this situation well. Appreciate the confirmation!
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