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Ask the community...

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Jacob Lee

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Your dad is probably confused about who owes what. With below-market loans, it's the LENDER (your dad) who would potentially have tax implications, not you as the borrower. And as others have mentioned, loans under $10K are generally exempt anyway. What might be happening is your dad reported this loan on his taxes (which he didn't need to do for this amount), and now thinks you need to pay the tax. Or he might be trying to retroactively charge you interest by calling it a "tax." Either way, you should ask him to show you exactly what tax form or notice he's referring to. If he can't produce anything official from the IRS, that's a red flag.

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Could it be that the dad is thinking about the gift tax? Like maybe he's thinking that since he didn't charge interest, it counts as a gift and he has to pay gift tax on it?

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Jacob Lee

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You're on the right track. In theory, the forgone interest on an interest-free loan can be considered a gift from the lender to the borrower. But there are two important points here: First, the annual gift tax exclusion is $17,000 per person (in 2023), so the imputed interest on a $9,500 loan would be well below that threshold. Second, even if it were above the threshold, it would just require reporting on a gift tax return - actual gift tax typically wouldn't be owed until someone gives away millions over their lifetime. So either way, there shouldn't be any actual tax payment required. The dad might be confused about these concepts or might be trying to retroactively charge interest and calling it a "tax" to make it seem official.

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Just to add a different perspective - could this be a misunderstanding about state taxes? Some states have different rules about personal loans. I got hit with a surprise tax in New Jersey when I loaned money to my cousin, even though it was below federal thresholds. Might be worth asking your dad specifically which tax form or rule he's referring to. If he's actually received tax documentation about this, ask to see it.

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Daniela Rossi

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That's interesting! Which states have different rules? I'm in California and planning to loan money to my sister for her down payment, so now I'm worried!

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Monique Byrd

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5 Quick question - I'm in a similar situation but my missing W2 is from 2020, not 2021. Am I completely out of luck for fixing this? I think I read somewhere there's a 3-year limit on amendments?

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Monique Byrd

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8 You're right about the 3-year limit, but you're still within the window for 2020! The deadline for filing amendments to claim a refund is 3 years from the original due date of the return. For 2020 tax returns, the original filing deadline was May 17, 2021 (it was extended that year due to COVID). That means you have until May 17, 2024 to file an amended return and claim any additional refund. So you should act quickly, but you definitely still have time to file that amendment.

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Monique Byrd

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5 Thank you so much for clarifying this! I was worried I'd missed my window completely. I'll get on this amendment right away before the May deadline hits. Really appreciate the help!

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Monique Byrd

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23 Does anyone know if the IRS will contact you if they notice a missing W2? I'm asking because I just got a letter saying I underreported income, but I thought I included everything on my 2022 return.

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Monique Byrd

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10 Yes, the IRS definitely will send you a notice if they identify underreported income. They run an automated matching program where they compare the income reported on your tax return against what was reported to them by employers, banks, etc. The letter you received is probably a CP2000 Notice, which is not an audit but a proposed adjustment to your tax return based on this information matching.

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One thing nobody mentioned yet - if your property has decreased in value when you convert it back to rental use, and you use the lower FMV as your new depreciation basis, you're essentially "losing" some deductions you could have taken if the value hadn't dropped. It feels unfair but that's how the tax code works. Happened to me during the housing crash years ago.

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Does that mean I should get an official appraisal when converting back to rental? My area has appreciated a lot since I bought, so I'm thinking the FMV is higher than my adjusted basis anyway and won't be the limiting factor. But should I document the FMV somehow?

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Yes, getting an appraisal is highly recommended when converting property back to rental use. Even though in your case the FMV is likely higher than the adjusted basis (meaning you'll use the adjusted basis for depreciation), having that appraisal provides valuable documentation if you're ever audited. You don't necessarily need a formal appraisal in all cases. You could use comparable sales data, a real estate agent's comparative market analysis, or even property tax assessments - but the more official the documentation, the better protection you have. Since your area has appreciated significantly, your adjusted basis will likely be the value you use, but having the FMV documented creates a clear paper trail of compliance with tax regulations.

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Ezra Bates

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Dont forget to look at suspended losses too! If u had passive losses u couldnt use when it was a rental before, those carry forward and u can use them when its a rental again if u have enough passive income or qualify for the real estate professional exception. my accountant found like $7k in suspended losses we could finally use!

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Good point! I always forget about suspended losses. How do you track those effectively between years? Is there a specific form or worksheet?

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GalaxyGazer

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Have you double-checked your withholding status? When you had a baby, did you update your W-4 with your employer? A lot of people don't realize that having a child doesn't automatically change your withholding - you need to submit a new W-4 form to your employer. Also, with the bonus repayment situation, there's a specific way this should be handled for tax purposes. If the bonus was paid in the current tax year and repaid in the same year, the W-2 should simply not include that amount. If it was paid in a previous year and repaid this year, there are special rules under Section 1341 of the tax code.

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You know what, I didn't update my W-4 after having the baby! I just assumed the child tax credit would be applied when filing, didn't realize I needed to adjust my withholding throughout the year. The bonus was both paid and repaid in the same tax year (2024), so it sounds like it should have been completely excluded from my W-2 rather than shown as a deduction?

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GalaxyGazer

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Exactly right! The child tax credit is applied when filing, but updating your W-4 would have reduced your withholding throughout the year, giving you more in each paycheck instead of waiting for a refund. Many people prefer this approach rather than giving the government an interest-free loan. For the bonus that was paid and repaid in the same tax year, yes - it should have been completely excluded from your W-2 as if it never happened. It shouldn't appear as income and then be offset by a deduction. This could definitely be causing part of your tax issue. I'd suggest asking your payroll department specifically about this - whether they excluded the bonus amount completely from your taxable wages or if they included it in income and then added a deduction. The former is correct; the latter could be causing your tax problem.

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Mateo Sanchez

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Don't forget to look at state taxes too! I had a similar issue last year where my federal W-2 was correct but my state withholding was way off. It's worth adding up your state withholding from each paystub separately.

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Aisha Mahmood

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This is great advice. Last year I had correct federal withholding but the state withholding column on my W-2 was completely wrong. Turns out my employer had been withholding for the wrong state for three months after I moved! Double-check everything, especially if you've had any life changes.

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Ava Rodriguez

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FYI - The reason Part 3 is often blank on 1095-C forms has to do with employer insurance type. Here's a quick breakdown: If your employer is self-insured: They complete Part 3 of the 1095-C showing all covered individuals If your employer uses fully-insured coverage: Part 3 is blank on the 1095-C, and you should get a separate 1095-B from the insurance carrier You mentioned your wife was covered under your plan for several months. In that case, whoever was the primary policyholder should have a form showing your wife as a covered dependent - either on Part 3 of the 1095-C (self-insured employer) or on a 1095-B from the insurance company.

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Miguel Ortiz

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So if I never got a 1095-B but my 1095-C has a blank Part 3, does that mean my employer or the insurance company messed up? Who should I contact to get the correct forms?

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Ava Rodriguez

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If your 1095-C has a blank Part 3 and you didn't receive a 1095-B, you should first contact your employer's HR or benefits department. They can confirm whether their plan is fully-insured (in which case you should have received a 1095-B from the insurance carrier) or if there's some other reason Part 3 is blank. If they confirm you should have received a 1095-B, then contact the insurance carrier directly to request your form. Sometimes these forms get lost in the mail or might be available electronically through your insurance portal.

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Zainab Khalil

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Has anyone used TurboTax to handle these 1095-C issues? I'm in a similar situation with blank Part 3 sections and I'm wondering if the tax software helps figure this out or if I need to get additional documentation before filing.

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QuantumQuest

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I used TurboTax last year with a similar situation. It basically just asks if you had coverage for each month, but doesn't actually verify it against your 1095 forms. Since the federal penalty is $0 now, it didn't matter much for federal taxes, but I did have to be more careful for my state return since I'm in California where they still have a mandate.

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