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Just to add one more piece to this discussion - don't forget about Section 199A qualified business income deduction! If your short-term rental rises to the level of a trade or business (which it sounds like it does based on your level of involvement), you may qualify for an additional deduction of up to 20% of your net rental income. This is separate from the question of offsetting losses, but something to keep in mind if your properties are profitable. The rules get complicated with phase-outs based on income level, but it's worth looking into.
That's really helpful - I hadn't even considered the QBI deduction. Do you know if there are any special requirements for short-term rentals to qualify for this? And would taking the QBI deduction affect my ability to offset losses against W2 income in any way?
For short-term rentals to qualify for the QBI deduction, they need to rise to the level of a "trade or business" under Section 162, which generally means regular, continuous, and substantial activity - which your hands-on management would likely satisfy. The IRS also issued Revenue Procedure 2019-38 which provides a safe harbor specifically for rental real estate activities. Taking the QBI deduction doesn't affect your ability to offset losses. They're completely separate concepts. If your rentals show a net loss in a given year, there's no QBI deduction to take (since it's calculated on profits). But in profitable years, you'd potentially get both the regular business expense deductions and the additional QBI deduction on what's left.
One thing nobody has mentioned yet - make sure you're tracking your time meticulously if you're claiming material participation! The IRS loves to challenge this during audits. I keep a detailed log of all activities: cleaning time, communicating with guests, handling repairs, researching/purchasing supplies, even time spent on accounting. Also save all emails, messages, receipts as backup evidence.
Agreed about documentation. My friend got audited on exactly this issue and the IRS disallowed their short-term rental losses because they couldn't prove they met the material participation hours. Keep a calendar or app with dates, times, and descriptions of all activities.
Have you tried FreeTaxUSA? They charge nothing for federal filing including 1099-NEC and Schedule C. The only thing they charge for is state filing (around $15). I've used them for years with my freelance income and never had a surprise upgrade fee.
I haven't tried FreeTaxUSA yet! Does it have a good interface? My biggest frustration with some of the smaller tax services is that the UI feels like it was designed in 1997 lol.
The interface isn't as fancy as TurboTax or H&R Block, but it's definitely not from the 90s! It's clean and straightforward, just without all the animations and excessive hand-holding. Everything is organized logically and I actually find it faster to use than the big name services. They're especially good with 1099-NEC and other self-employment forms since you don't get routed into "upgrade now!" pages halfway through. Their help content is also surprisingly detailed if you get stuck on something.
The "free" tax filing services are never actually free if you have anything beyond basic W-2 income. I got hit with the same thing when filing my doordash gig work. Started with free filing and ended up paying $89!!! š¤¬
If you can't afford an attorney but still want to protect yourself by filing a Tax Court petition, look into the Tax Court's Simplified Procedure for small tax cases (called "S cases"). It's designed for disputes under $50,000 and is much more informal - you don't need an attorney and the filing fee is only $60. I used this approach when I was in a similar situation. You can find the forms on the Tax Court website (ustaxcourt.gov). Even if you end up resolving the case with your examiner, having the petition filed gives you breathing room.
Thanks for this suggestion! My dispute is actually for about $45,000 so this would apply to me. Do you know if filing this way still preserves all my rights if I later decide to get an attorney involved? And does the simplified procedure still allow the examiner to continue working on my case?
Yes, filing under the simplified procedure (S case) still preserves your rights. The main difference is that S cases have a more informal process and you can't appeal the decision beyond the Tax Court. But that's rarely an issue since most cases settle before trial anyway. And absolutely, the examiner can still continue working on your case even after you file. In fact, once you file the petition, your case gets assigned to an IRS attorney who will often work with your examiner to try to settle the case quickly rather than going to trial. Many people find that filing the petition actually speeds up resolution because it puts time pressure on the IRS to wrap things up.
One important thing to consider that nobody has mentioned: the 90-day deadline for filing in Tax Court runs from the date the Notice of Deficiency was issued, not the date you received it. Double-check the issue date on your notice and count exactly 90 days from there (not 3 months). If the 90th day falls on a weekend or federal holiday, your deadline is extended to the next business day. But if you mail your petition, it must be postmarked by the deadline date, not just sent. Trust me, I learned this the hard way and nearly missed my deadline by counting incorrectly!
And make sure to send it CERTIFIED mail with return receipt if you're mailing it! That way you have proof of when you sent it in case there's any question.
Another option to consider - if you consistently owe because of income that doesn't have taxes withheld (like 1099 work, investments, etc.), you should be making quarterly estimated tax payments. The due dates are April 15, June 15, September 15, and January 15 of the following year. This spreads out your tax burden throughout the year instead of getting hit with one big bill. You can use Form 1040-ES to calculate and submit these payments. Bonus: doing this helps avoid underpayment penalties that the IRS charges when you owe too much at filing time.
Is there an easy way to figure out how much to pay for those quarterly payments? Our situation involves some rental income on top of our regular jobs, and I think that might be why we keep owing so much.
For rental income, you'll want to estimate your annual rental profit (income minus expenses) and multiply by your tax bracket percentage. Then divide that amount into four equal payments. A simple approach is to take whatever you owed last year and divide by 4 - that's usually enough to avoid underpayment penalties under the "safe harbor" rule. The IRS only requires you to pay 90% of this year's taxes or 100% of last year's tax amount (110% if your income is over $150,000), whichever is smaller. If your rental situation is complex, you might want to consult with a tax professional for the first calculation, then you can handle the quarterly payments yourself going forward.
Owing vs. getting a refund is really just personal preference. I intentionally have extra withheld because I'm terrible at saving. My tax refund is my forced savings account that funds my vacation every year. Mathematically, yes, I could invest that money throughout the year instead. But realistically, I wouldn't. I'd spend it. So for me, getting a refund IS actually the better financial choice despite what the optimization folks say. Do what works for YOUR financial personality and situation!
This is exactly right! The "don't give the government an interest-free loan" advice only makes sense if you're disciplined enough to actually invest that money instead. For many people, slightly overwithholding is a painless way to save.
Isabella Costa
Sole proprietor here too! One thing nobody's mentioned - make sure you keep REALLY good records of the purchase. Save the receipt, financing agreement, and document that it's used 100% for business purposes. I got audited two years ago and they scrutinized all my equipment deductions. Having those records saved me. Take photos of the computer in your workspace too. If you ever use it for personal stuff, even occasionally, you'll need to adjust the business use percentage.
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StarSurfer
ā¢Do you think it's better to use Section 179 or regular depreciation for something like a $3,000 computer? I've heard mixed advice about this.
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Isabella Costa
ā¢It really depends on your overall business situation. If you're profitable this year and could use the deduction now, Section 179 gives you the immediate write-off which is great for cash flow. If you expect to make more money in future years, regular depreciation might make more sense to spread the deductions across years when you might be in a higher tax bracket. For a $3,000 computer, the difference might not be huge unless you're right on the edge of a tax bracket. I usually recommend taking the deduction now if your business can use it, since the time value of money means a deduction today is worth more than the same deduction spread over 5 years.
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Ravi Malhotra
Is anyone else dealing with supply chain issues? I've been waiting 3 months for computer equipment and I'm wondering if I can still claim it on this year's taxes even if it arrives next year since I've already paid the deposit.
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Oliver Becker
ā¢Unfortunately, no. You can only begin depreciation or take Section 179 when the equipment is "placed in service" - meaning it's in your possession and ready for use in your business. Paying a deposit doesn't count.
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