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Capital gains Taxes on secondary home not in my name - 15% or 32%?

Hey tax folks, My parents-in-law have this vacation cabin that they gifted us for our anniversary but never actually transferred the deed (it's still in their names). Now they're planning to sell it. They're convinced they'll get hit with 32% tax on the sale because it'll push them into a higher income tax bracket. But everything I've read suggests it should be 15% capital gains tax since they make under $450k combined. Am I missing something here? For context, they bought the place for about $55k back in 2016. They're expecting to sell for around $180k now. From what I understand, they'd only pay the capital gains on the profit ($125k), not the original purchase price, right? So quick math: If they sell for $180k, and real estate fees are roughly 10% ($18k), and capital gains tax is 15% on the $125k profit ($18,750)... That would be $36,750 in total costs, leaving them with about $143,250. They still have around $35k left on the mortgage that would need to be paid off. Am I calculating this correctly? Really want to make sure they're not unnecessarily freaking out about the tax implications.

Just to add to the capital gains discussion - don't forget about state taxes too! The federal capital gains rate might be 15%, but depending on what state your in-laws live in, they could owe state taxes on top of that. Some states tax capital gains at the same rate as ordinary income. For example, I sold a vacation property in California last year and had to pay an additional 9.3% to the state on top of the federal capital gains tax. Made a big difference in my final numbers.

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Oh man, I didn't even think about state taxes! They're in Pennsylvania - any idea what the rate would be there?

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Pennsylvania has a flat income tax rate of 3.07% that applies to capital gains too. So your in-laws would pay that on top of the federal 15%. It's lower than many states, but still adds up. Make sure they account for both state and federal taxes in their calculations. There's no special capital gains rate in PA - it's just treated as ordinary income at the state level. They'll need to report it on both their federal and state tax returns next year.

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I'm seeing some confusion about cost basis here. Remember that in addition to the purchase price and documented improvements, your in-laws can also add certain closing costs from when they purchased the property to their basis. This includes: - Title insurance - Legal fees - Recording fees - Survey costs - Transfer or stamp taxes Also, when they sell, they can deduct selling expenses like real estate commissions, legal fees, and other closing costs directly from the sales price before calculating gain.

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Wait that's super helpful! I sold my cabin last year and my accountant never mentioned adding the original closing costs to my basis. Can I still amend my return from last year to include those?

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Supporting unemployed girlfriend with $3000/month deposits - tax implications?

So my girlfriend recently left her job (wasn't a good fit for her mental health) and I'm trying to help her out financially while she takes some time to figure out her next steps. I'm self-employed with a pretty steady income, and I've been withdrawing about $750 cash weekly and depositing it directly into her checking account to help her cover rent, groceries, etc. It comes out to around $3000 a month. I'm starting to worry about the tax situation here. Will she end up having to pay taxes on this money since it's going into her account? Would it make more financial sense if I just kept the money in my business account and had her pay her bills directly from there instead? I don't want to accidentally create a tax headache for either of us. Any advice on the cleanest way to handle this financially?

Has anyone considered the possible relationship implications here? My ex used to deposit money in my account when I was between jobs and it created this weird power dynamic where I felt like I couldn't make independent decisions. Just something to think about - maybe set up a system where there's more transparency about the arrangement?

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That's actually a really good point that I hadn't considered. We've been together for three years and have talked openly about finances, but I don't want her to feel like she's losing her independence. Maybe we should establish a more formal agreement about expectations during this period. Do you have any specific suggestions for how to structure this kind of temporary support without creating weird dynamics?

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In my experience, having a specific timeframe and budget helps a lot. Maybe sit down together and create a temporary "support plan" with an end date or specific milestone (like when she finds a new job). For the actual mechanics, consider a joint account specifically for shared expenses that you both have access to, rather than just depositing into her personal account. That way it feels more like a shared resource than "your money." And definitely have regular check-ins about how you both feel about the arrangement - these things can create resentment if not discussed openly.

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One thing nobody's mentioned - if you're self-employed, are you properly documenting these cash withdrawals in your business accounting? The IRS might question large regular cash withdrawals from a business account if they don't align with your reported business expenses. Make sure you're clearly separating personal draws from business expenses!

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This is a really important point. I'm a bookkeeper and I've seen self-employed clients get in trouble for poor cash withdrawal documentation. Make sure you're recording these as owner's draws or distributions, not as business expenses!

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Is it legal for employer to suggest filing for unemployment during maternity leave?

So I'm about 6 months pregnant and work for a small company (only 12 employees total). My boss just pulled me aside yesterday to talk about my upcoming maternity leave starting in November. He suggested that instead of them providing paid leave, I should file for unemployment and claim I was laid off temporarily. He specifically told me "don't mention anything about the pregnancy" and said they'd guarantee my job back by February 1st. His reasoning was that business is slower in winter anyway, so they have a legitimate reason to reduce staff temporarily, and it "just happens" to coincide with when I need time off. The whole conversation made me really uncomfortable. When I expressed concerns, he reminded me how they've been flexible with my doctor appointments and said this is just how small businesses handle maternity leave because they "can't afford" proper paid leave. I'm really torn because I need income during my time off, but this feels wrong. I'm especially worried about tax implications since I'll be claiming a newborn dependent on my taxes during the exact period I supposedly was "laid off." Has anyone dealt with something similar? Is this legal or would this be considered fraud? What options do I have for maternity leave in a small business?

Have you looked into whether your state has any paid family leave programs? Some states offer short-term disability or family leave insurance that can provide partial income during maternity leave. Even in states without dedicated programs, you might qualify for temporary disability benefits for the recovery period after childbirth (usually 6-8 weeks). Also, make sure you understand your FMLA rights. If your company has at least 50 employees, you're entitled to 12 weeks of unpaid leave with job protection. Though with only 12 employees, your company might be too small to qualify.

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Thanks for this suggestion! Unfortunately my state doesn't have paid family leave, and my company is definitely too small for FMLA (we only have 12 employees). I did check into short-term disability but was told I would have needed to enroll before becoming pregnant. It's frustrating how few options there are for maternity leave in small businesses.

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That's really tough. Another option might be to negotiate a flexible arrangement with your employer that doesn't involve unemployment fraud. Maybe you could work reduced hours remotely during part of your leave, use any accumulated PTO, or spread a reduced salary over a longer period. Many small businesses work out these kinds of arrangements. Remember that while what they're suggesting might seem helpful, they're asking you to take all the risk. If unemployment investigates (which they often do), you'd be the one who filled out a fraudulent application, not your employer.

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Omg I have been through this EXACT thing! My boss suggested the same "unemployment trick" with my maternity leave last year. I almost went along with it bc I was desperate for income during my leave. Thank goodness I talked to my uncle who works in HR first! He explained that this is 100% fraud and I could end up having to repay all benefits plus penalties, get disqualified from future unemployment when I might really need it, and potentially even face criminal charges in extreme cases.

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What did you end up doing instead? I'm in a similar situation now and feel stuck between no income or doing something that might be illegal.

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Seeking Advice on Section 179 Deduction for Car Purchase for Business (2024)

Title: Seeking Advice on Section 179 Deduction for Car Purchase for Business (2024) 1 I run a small sole proprietorship and I'm looking at a pretty big tax bill for 2023. Trying to be more proactive for 2024! I've been researching using Section 179 to write off a vehicle purchase to help with my taxes this year. From what I understand, you can write off 60% of a vehicle that weighs over 6,000 lbs in the year you buy it. But I'm confused about how this actually works. If I use Section 179 for a vehicle purchase, does the 60% of the vehicle cost need to be less than what I would owe in taxes otherwise? Are there other requirements or limitations I should know about? My business is doing better this year, but I don't want to get hit with another huge tax bill. Has anyone used Section 179 for a vehicle purchase before? Any tips or warnings about deducting a car purchase for my business would be super helpful! Thanks so much for any advice!

22 Don't make the same mistake I did with Section 179! I bought a $65k Escalade for my real estate business in 2022, took the max deduction, then only used it for business about 30% of the time. Got audited, and had to pay back most of the deduction plus penalties. The key thing nobody told me: you MUST use the vehicle more than 50% for business to qualify for Section 179 at all. And you need to keep a detailed mileage log to prove it. If you can't demonstrate that business use, the IRS will disallow the entire deduction. Also, be aware of the luxury auto depreciation limits for vehicles under 6,000 lbs - they're much lower. That's why so many accountants push business owners toward the larger SUVs.

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10 How did the IRS know you were only using it 30% for business? Did they just look at your mileage log, or did they have other ways of figuring it out?

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22 The IRS asked for my mileage log during the audit, and I had only kept sporadic records. They compared the total miles on the vehicle to the business miles I could document, and it came out to around 30%. They also looked at my appointment calendar and client locations to verify whether my claimed business trips were legitimate. The auditor explained that without a contemporaneous mileage log (meaning one kept at the time of travel, not created later), they default to assuming more personal use. The burden of proof is entirely on you as the taxpayer to demonstrate business usage. Without proper documentation, you'll lose the deduction every time.

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9 Can someone explain how bonus depreciation works with vehicles compared to Section 179? I've heard bonus depreciation might actually be better in some cases, especially with the changes coming next year. Is it worth waiting until 2025?

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2 Bonus depreciation is different from Section 179 in a few key ways. For 2024, bonus depreciation is at 60% (down from 80% in 2023), and will drop to 40% in 2025. Unlike Section 179, bonus depreciation CAN create a loss for your business, which might be beneficial depending on your situation. For vehicles above 6,000 lbs, you could potentially get a larger first-year deduction using a combination of Section 179 (up to $27,000) and bonus depreciation on the remaining basis. For vehicles under 6,000 lbs, the luxury auto limits still apply even with bonus depreciation.

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How do I file taxes as a small business employee? What deductions can I claim?

Hey everyone! I'm kinda stressing about tax season approaching. I've been working at this local boutique clothing shop for about 8 months now (small business with like 6 employees total). This is my first job at a small business after working at Target for years, and I'm confused about how filing will be different. My boss mentioned something about me getting a W-2 just like at my old job, but then another coworker was talking about deductions and writing off stuff related to work? I'm totally lost about whether I can claim deductions or what I should be keeping track of. Is filing taxes different when you work for a small business vs. a big corporation? Can I deduct anything as just a regular employee? Thanks for any help! Seriously feeling clueless about this whole situation.

One thing no one has mentioned yet - if you do any side work outside your regular employment (like selling stuff online, doing freelance work, etc.), that's different! That would be self-employment income reported on Schedule C, and THEN you can deduct business expenses against that specific income. But for your regular W-2 job, what others have said is right - standard deduction is usually best.

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Would driving for Uber on weekends count as side work? I started doing that to make extra cash. Do I need to keep track of my mileage and car expenses?

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Yes, driving for Uber definitely counts as self-employment/side work! You'll receive a 1099 form from Uber (most likely a 1099-K) reporting your earnings. You'll report this income on Schedule C, and this is where you CAN deduct expenses. For driving, you have two options for deducting vehicle expenses: the standard mileage rate (which will be around 67 cents per mile for 2025) OR actual expenses (gas, maintenance, depreciation, etc.). Most Uber drivers find the standard mileage rate easier and often more beneficial. Just make sure you keep a detailed log of your business miles!

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Can some1 explain the difference between itemized deductions vs standard deduction??? My wife says we should itemize but I don't get the point if the standard deduction is already $28,700 for married filing jointly. We both work for small businesses if that matters.

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You would only want to itemize deductions if your total eligible itemized deductions exceed the standard deduction amount. For 2025, that's $14,350 for single filers and $28,700 for married filing jointly as you mentioned. Common itemized deductions include mortgage interest, state and local taxes (limited to $10,000), charitable contributions, and certain medical expenses that exceed 7.5% of your adjusted gross income. If adding all these up gives you more than the standard deduction, then itemizing makes sense. Otherwise, take the standard deduction.

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Thanks for explaining! Our mortgage interest is only about $8,000, state taxes maybe $6,000, and we donate like $2,000 to charity. So we're at $16,000 total which is way less than the $28,700 standard deduction. Standard deduction it is!

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