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Former tax preparer here. For what it's worth, the transition from sole proprietor to LLC adds complexity that software might miss. The quotes you're getting sound high, but not unreasonable for multiple years of unfiled business returns. If you decide to DIY with software, at minimum consider paying for a one-hour consultation with a CPA to review your approach. Many will do this for $150-300 and it could save you thousands in missed deductions or penalties. One thing to consider: The IRS has been sending out automated CP59 notices for unfiled returns. If you get one of these, the timeline to respond gets much shorter.
Thank you for this insight. I hadn't considered doing just a consultation. Would that one hour really be enough to catch potential issues across multiple tax years including the business transition?
A one-hour consultation won't be comprehensive enough to catch everything across multiple years, but it would be enough time to identify major red flags in your approach and give you guidance on the areas where software typically fails for business returns. If you're going the DIY route, I'd actually recommend two consultations - one before you start to get a strategic approach, and one review after you've prepared the returns but before filing. The key is finding someone experienced with both the sole proprietor to LLC transition and back tax situations.
Have you looked into the IRS Fresh Start program? If you qualify, it might help reduce penalties. Don't ignore state taxes too - sometimes they have separate penalty structures.
The Fresh Start program isn't actually a specific program you apply for - it's a collection of different IRS initiatives that make it easier to resolve tax debt. The main components are expanded installment agreements, offers in compromise with more flexible terms, and tax lien procedures. For OP's situation with unfiled returns, the most relevant part would be penalty abatement options after filing the back returns. First-time penalty abatement is available to many taxpayers who haven't had previous issues.
From my experience as a small commercial property owner, you ABSOLUTELY need to be depreciating the building. Here's what my CPA told me: When you sell a commercial property, the IRS assumes you've taken all allowable depreciation WHETHER YOU ACTUALLY DID OR NOT. So if you haven't been claiming it, you're essentially paying taxes on money you could have saved. I suggest working with a qualified tax professional to determine a reasonable allocation between land and building (maybe 75/25 in your unusual case) and file amended returns. Yes, it's a pain, but it's better than leaving money on the table or having issues when you sell.
Thanks for the feedback. So even with the weird situation where the land appraisal was higher than my total purchase price, I still need to allocate some value to the building? Would I need to get another appraisal specifically breaking down the components, or can I just make a reasonable allocation myself?
Yes, you definitely still need to allocate some value to the building. The IRS won't accept that a functional commercial building has zero value, regardless of the land appraisal. You don't necessarily need a new formal appraisal, but you should have some reasonable basis for your allocation. I'd recommend looking at the county tax assessment to see how they split land vs. improvements, or checking comparable properties in your area. Many CPAs recommend documenting your methodology in case of questions later. A 75/25 or 80/20 land-to-building split might be reasonable in your case, but have documentation to back it up.
Don't forget about potential recapture tax! When you sell a commercial property, you'll pay a 25% tax on all the depreciation you've claimed (or SHOULD HAVE claimed) over the years. So if you haven't been depreciating the building but should have been, you'll still face that tax liability when you sell. Also, check with your accountant about cost segregation - you might be able to accelerate depreciation on certain components of the building beyond just the standard 39-year schedule.
So you're saying the IRS will tax you on depreciation you SHOULD HAVE taken even if you didn't actually get the tax benefit? That seems incredibly unfair. Is there any way around this if OP sells soon?
One strategy that's worked well for me in transitioning from high-income to wealth building is real estate investing through Delaware Statutory Trusts (DSTs). They're classified as 1031 exchange eligible, and when structured properly, can provide both significant tax deferral and decent cash flow. I was able to sell some highly appreciated property and instead of paying capital gains, rolled the proceeds into a DST. Now I get monthly distributions that have much more favorable tax treatment than my W-2 income due to depreciation pass-through. The key is finding DSTs with quality properties and experienced management. This approach has helped me gradually shift my tax profile from someone paying the highest marginal rates on earned income to someone building wealth through tax-advantaged structures.
I've heard about DSTs but don't really understand how they're different from REITs? Are there minimum investment requirements? My financial advisor never mentioned these as an option.
DSTs are fundamentally different from REITs in both structure and tax treatment. Unlike REITs which are securities, DSTs are considered direct ownership in real estate for tax purposes, which qualifies them for 1031 exchanges. This means you can defer capital gains taxes by rolling proceeds from property sales into DSTs. Minimums typically start around $100,000, which is higher than REITs, but that's because they're designed for accredited investors. The tax benefits are substantial - you'll receive K-1s showing your portion of depreciation, which often shelters a significant portion of the cash distributions from immediate taxation. Many financial advisors aren't familiar with them because they require specialized knowledge and typically don't fit into standard model portfolios. You'll want to work with someone who specializes in tax-advantaged real estate strategies for high-income professionals.
Has anyone here looked into Opportunity Zone investments? My tax attorney mentioned them as a way to defer capital gains taxes from some stock I sold last year. Apparently you can roll the gains into designated "opportunity zone" projects and defer taxes until 2026, plus eliminate taxes on any appreciation of the new investment if held for 10 years. Sounds too good to be true?
I've invested in two Opportunity Zone funds. They do work as advertised tax-wise but be extremely careful about the underlying investments. Many OZ areas are economically distressed for good reason, and some developers are creating poor investments that only make sense because of the tax benefits. The best approach is to find OZ investments that would make sense even without the tax advantages. I found a multi-family development in an emerging area just outside a major city that had strong fundamentals regardless of the OZ benefits. The tax deferral and eventual exclusion is just a bonus.
That's really helpful insight. I was looking at a fund that invests in multiple OZ projects to spread the risk, but you're right that I should be evaluating the underlying economics first. What documentation do you need for tax purposes? My accountant mentioned something about attaching an election statement to my return and filing Form 8997 annually, but I want to make sure I don't miss anything that could jeopardize the tax benefits.
One thing nobody's mentioned yet is that you might be able to contribute to a SEP IRA for 2023 if you have any self-employment income. The deadline for establishing and contributing to a SEP IRA is your tax filing deadline (including extensions), so potentially as late as October 15, 2024 for the 2023 tax year. The contribution limit is pretty generous too - up to 25% of your net self-employment income, with a maximum of $66,000 for 2023. Even a small side gig could let you shelter some income.
That's really interesting! I do have a small side business doing web design that brought in about $12,000 last year. Would I qualify for this SEP IRA option? And can I open one if I also have access to my employer's 401k from my main job?
Yes, you absolutely can set up a SEP IRA for your self-employment income, even while having access to an employer 401k! The two are independent of each other. The calculation gets a bit tricky though - it's not simply 25% of your gross $12,000. For self-employment income, you first need to deduct the self-employment tax deduction, then calculate 25% of that reduced amount. With $12,000 in net business income, you could probably contribute around $2,200-2,500 to a SEP IRA. That would directly reduce your taxable income for 2023 if you establish and fund the account before filing your taxes. Many brokerages like Vanguard, Fidelity, or Schwab offer SEP IRAs that you can open online pretty quickly.
Just one more option to consider - if you made any student loan payments in 2023, you might be able to claim the student loan interest deduction of up to $2,500. It's an "above the line" deduction so you don't need to itemize to claim it. Also, review your 2023 expenses for things like work-related educational expenses, moving expenses for active military, or health insurance premiums if you're self-employed. These are also above-the-line deductions that might help reduce your taxable income.
The work-related educational expenses deduction was suspended until 2025, so that's unfortunately not an option for 2023 taxes. The moving expense deduction is indeed only for active duty military now too. But good call on the self-employed health insurance premiums! If OP has self-employment income as mentioned above, they might be able to deduct health insurance premiums paid.
Ryan Young
Just want to add one thing that nobody's mentioned: if you have $4,000 in 1099 income and can legitimately deduct expenses to bring it down to $0, you won't owe ANY self-employment tax on it. That's because SE tax only applies to your net profit after expenses. But make sure your deductions are legitimate business expenses - the IRS looks closely at Schedule C deductions, especially when they completely eliminate taxable income.
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Zoe Gonzalez
ā¢Thanks for this clarification! So if I understand correctly: I should definitely file Schedule C with my business expenses to reduce my self-employment tax, but that's completely separate from deciding between itemized vs. standard deduction? And since my total income is only around $32,500, the standard deduction ($13,850) is probably better unless I have some major itemized deductions?
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Ryan Young
ā¢Yes, that's exactly right! File Schedule C to report your 1099 income and expenses (which reduces or eliminates self-employment tax on that income). And yes, at your income level, you'll almost certainly want to take the standard deduction unless you have extraordinary itemized deductions like major medical expenses, huge charitable contributions, or large mortgage interest payments. For most people in your situation, itemized deductions don't exceed the $13,850 standard deduction.
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Sophia Clark
Anyone have experience with using the home office deduction? I have a dedicated space in my apartment where I do all my freelance work. Is it worth claiming?
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Katherine Harris
ā¢Just be careful with the home office deduction - it has to be a space EXCLUSIVELY used for business. If you sometimes use that desk/room for anything personal, it doesn't qualify. I got audited over this once.
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