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Ask the community...

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Luca Romano

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One thing nobody's mentioned yet is that you should look into setting up an LLC for your rental property. I have 3 rental properties and keeping them in an LLC structure has saved me a ton in taxes plus gives liability protection. Talk to both a tax pro AND a lawyer though because there are specific ways you need to set it up for it to be beneficial tax-wise.

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Nia Jackson

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Does putting a rental property in an LLC actually save on taxes though? I thought LLCs are pass-through entities so the tax treatment is the same as individual ownership? Also doesn't it make the mortgage situation more complicated?

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Luca Romano

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You're right that a single-member LLC is typically a pass-through entity and doesn't change the tax treatment by itself. I should have been more clear. The tax savings come from strategies you can implement once you have the proper structure in place, not just from having an LLC. The real benefits come when you combine the LLC with proper tax planning like implementing a management company structure or potentially electing S-corp taxation for your activities depending on your situation. And yes, transferring mortgaged properties into an LLC can trigger due-on-sale clauses in some cases, so that's exactly why I recommended consulting with both tax and legal professionals before making any moves.

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Omg I'm in a similar situation and the thing that's saved me is keeping SUPER detailed records. Like I have separate credit cards for each income stream (freelance vs rental) and I use QuickBooks to track everything separately. One tip: take pics of all receipts for rental repairs with your phone and save them to a specific folder. My tax person said this has saved us HOURS during tax prep! And it's a lifesaver if you ever get audited.

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What app do you use for storing receipts? I've been trying to find a good one that will organize by property and expense type.

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Make sure to file Form 8863 for education credits! When I had a similar situation with my scholarship, I qualified for the American Opportunity Credit which gave me $2,500 back. You get this credit based on paying qualified education expenses, and if your scholarships covered tuition but not books/supplies, those expenses can qualify. Also, if you earned any income from a job during the year, make sure that withholding is properly accounted for on your tax return - that might offset some of what you owe from the scholarship.

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Paolo Marino

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This is really helpful, thank you. Do you know if there's a limit on the amount of books/supplies that can count toward the American Opportunity Credit? I spent about $1,800 on books and another $1,200 on my laptop.

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The American Opportunity Credit is calculated as 100% of the first $2,000 in qualified expenses, then 25% of the next $2,000 - for a maximum credit of $2,500. Your $3,000 in expenses would qualify for the full first $2,000 plus 25% of the remaining $1,000, so $2,250 total credit. Remember that the expenses must be required for enrollment in your courses, which books typically are. For the laptop, you'll need to determine if it was required for your specific program of study or just convenient. If your courses required specific software or computing capabilities, you've got a stronger case for including it.

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Ravi Patel

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Have you talked to your university's financial aid office about this? My school has emergency grants specifically for situations like this. When I got hit with an unexpected tax bill from my scholarship, they provided a one-time grant to help cover it. Also worth checking if your school has a VITA (Volunteer Income Tax Assistance) program. They provide free tax help for students and might find deductions or credits you're missing.

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This is great advice. My university's VITA program actually helped me file for hardship consideration with the IRS too. They had specific experience with scholarship tax issues since they see it every year with students.

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Tax attorney here (though obviously not YOUR attorney). A few things to consider when finding representation: 1. Look for an attorney who specializes in "tax controversy" - that's the specific term for dealing with disputes with the IRS 2. Ask about their experience with your specific issue (home office and business travel deductions in your case) 3. Consider the size of your case ($6,800) when choosing representation - don't spend $10,000 fighting a $6,800 assessment 4. Ask if they have experience with the Appeals Office in your specific IRS district Many cases get resolved at the appeals level without going to Tax Court, so having someone familiar with your local Appeals Officers can be helpful.

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Sofia Torres

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This is super helpful, thank you! Is it worth trying to handle the initial appeal myself to save on costs, or is that risky? I'm worried about saying something that might hurt my case later.

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It depends on your comfort level with tax matters and how complex your situation is. For simple factual disputes where you have clear documentation, you might be able to handle the initial response yourself. However, if there are complex legal interpretations at play or if your business structure has nuances, professional help is advised. The biggest risk of handling it yourself is inadvertently making statements that limit your options later or missing technical arguments that could help your case. If you do go it alone for the initial response, be very careful to stick to provable facts and avoid making legal conclusions or interpretations of tax law.

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Paolo Longo

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Does anyone know how much tax attorneys typically charge for IRS appeals? Are we talking thousands or tens of thousands? I'm in a similar situation and trying to figure out if I can even afford to fight this.

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CosmicCowboy

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I paid $3,500 for my tax attorney last year for an appeal similar to what OP is describing. It was a flat fee that covered everything unless it went to Tax Court (which it didn't). Some attorneys charge hourly ($350-500/hr where I live) which can add up fast. Ask for a flat fee if possible!

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Another option nobody mentioned is checking if your W2 is available online. A lot of employers use payroll services like ADP, Paychex, or Gusto that let you access your tax documents online even after you leave the company. Try logging into the payroll portal you used when you worked there, or ask a current employee which service they use. Also, if you filed with them last year, sometimes tax preparation services like H&R Block or TurboTax will have your previous W2 information saved in your account that might help with the estimates.

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This is solid advice! My employer uses UltiPro and I was able to log in and download my W2 even though I left the company in November. Totally forgot I had that access.

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That's great to hear it worked for you! Many people don't realize these payroll portals often maintain your access for a period of time after employment ends, specifically for tax document purposes. If anyone else is trying this method, also check your email for any invitations to these portals when you were hired. Sometimes the login credentials or reset instructions are still valid. Even if your account appears inactive, customer service for these payroll providers can sometimes help former employees access just their tax documents.

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Just a heads up that if it gets too close to the filing deadline and you still don't have your W2, you can always file for an extension using Form 4868. This gives you until October to file your actual return, though you still need to pay any estimated taxes you might owe by the regular deadline. The extension doesn't solve the missing W2 problem, but it gives you more time to get it sorted out without penalty. I had to do this two years ago and eventually got my W2 in June when my old boss finally got around to sending them.

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Beth Ford

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Won't an extension delay my refund though? I'm counting on that money for some bills coming up in March.

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Need advice on Foreign per diem deductions - Two CPAs giving opposite advice on IRS rules?

Hey tax folks, I've run into a weird situation with my tax advisors and could really use some guidance on finding the actual IRS rules. I run a small photography business (single-member LLC filing as S-corp) where I travel internationally for wedding shoots and commercial work. I spend about 3-4 months each year overseas for various gigs. My previous accountant (who retired last year) always had me document my international travel days with dates, cities, and countries. Then we'd use the State Department's published per diem rates for those specific cities as my business deduction. The big advantage was not needing to keep every single meal and taxi receipt from places where I might not even get a receipt. As long as I had my contracts, airline tickets, and hotel bookings to prove business purpose, we were good. My new accountant is saying that's completely wrong and I can ONLY deduct actual expenses with receipts for everything while traveling internationally. She's insisting there's no per diem option for foreign travel. I've tried searching online and found some articles suggesting my old CPA was right, but I can't find the specific IRS citation that would confirm it. I'm not trying to fake vacation expenses - these are legitimate business trips where I'm working 12+ hour days. Any tax pros here who can point me to the actual IRS rules on foreign per diem rates for self-employed S-corp owners? Thanks in advance!

Emma Olsen

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One important detail I haven't seen mentioned yet - there's a difference between being self-employed and being an S-corp owner who's technically an employee of their own corporation. If you're operating as an S-corp (as you mentioned), technically your corporation would establish an accountable plan that reimburses you, the employee, for travel expenses using the per diem rates. The corporation then deducts these amounts. This is slightly different from how sole proprietors handle it. Just worth noting since your business structure matters for exactly how you implement this.

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That's a great point I hadn't thought about. So should I be submitting some kind of expense report to my own S-corp for reimbursement? Or is it enough to just document everything in my company records?

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Emma Olsen

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You should definitely be submitting formal expense reports to your S-corp for reimbursement. This creates the proper documentation that shows you're following an "accountable plan" which is critical for this arrangement to work properly with the IRS. The expense report should include the business purpose, dates of travel, locations, and calculation of the per diem amounts based on the State Department rates. Your S-corp should then reimburse you directly for these expenses. In your company records, these would be logged as business travel expenses, and on your personal taxes, the reimbursements wouldn't be considered income since they're under an accountable plan.

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Has anyone used H&R Block or TurboTax for situations like this? I'm in a similar situation but don't have an accountant and wondering if the tax software can handle foreign per diem calculations.

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Sophie Duck

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I tried using TurboTax for this last year and it was a nightmare. The software doesn't have clear guidance on foreign per diems. I ended up manually calculating everything and entering it as "other business expenses" with detailed notes. Not ideal but it worked.

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