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Don't forget to factor in the state tax component too! Federal capital gains is just part of the picture. Depending on your state, you might be paying anywhere from 0% to 13.3% (looking at you, California) on top of federal capital gains. My wife and I sold a vacation cabin last year and were shocked at the state tax bill. Make sure you're setting aside enough from the sale proceeds to cover both federal and state obligations. Your state might also have different rules about separate vs. marital property.
Do all states tax capital gains? I thought some states like Florida and Texas don't have income tax, so would they still tax capital gains from property sales?
You're absolutely right - states without income tax generally don't tax capital gains either. Florida, Texas, Wyoming, Nevada, South Dakota, Washington, Alaska, and New Hampshire don't have state income taxes, so you wouldn't pay state-level capital gains taxes in those locations. However, even in those states, you still need to pay the federal capital gains tax. And some states have other property-related taxes or transfer taxes when selling real estate that could still impact your total tax burden.
One thing nobody's mentioned is that you should definitely keep track of all the capital improvements you made to the property since your wife inherited it. Things like a new roof, HVAC system, significant remodeling, etc. all increase your cost basis and reduce the capital gain. We sold our lakehouse last year and our tax guy saved us thousands by having us document all the improvements we'd made over the 10 years we owned it. We increased our basis by over $45k which significantly reduced our tax bill.
Have you considered setting up a separate handyman LLC and then hiring yourself? I've heard of people doing this for similar situations to capture the labor value.
That sounds like it could trigger some red flags. Wouldn't the IRS consider that arrangement suspicious if the only client of your handyman business is your other business?
You're right that if the handyman LLC only did work for your primary business, it could definitely look suspicious. The arrangement works better if you're legitimately doing handyman work for other clients too. You'd need to charge market rates to all clients including your own business, keep separate books, maintain proper insurance, and fulfill all requirements of a legitimate business. It's definitely not a simple workaround and probably not worth it just for occasional home repairs.
What about the home office deduction simplified method? I use that (the $5 per square foot up to 300 sq ft) instead of calculating percentages. Does anyone know if repair costs are just completely irrelevant if you use that method?
Yes, if you're using the simplified method ($5 per sq ft), then you cannot deduct any actual expenses related to your home, including repairs. The simplified deduction is meant to replace ALL home-related expenses including mortgage interest, utilities, repairs, etc.
Everyone's giving good advice about the mechanics, but I want to add something important: make sure you keep VERY detailed records of all these different improvements and their costs. I got audited last year specifically on my rental property depreciation. The IRS questioned my allocation between 5, 15, and 27.5 year property. I had to provide receipts showing exactly what was spent on the driveway, landscaping, appliances, etc. Without those receipts, they would have disallowed some of my depreciation deductions. Also worth noting that the tax software I was using didn't make it very clear how to properly separate these different types of improvements. I ended up having to manually override some calculations.
Do you think it's worth hiring a CPA who specializes in real estate for the first year at least? I'm concerned I'll mess this up, and it seems like getting it right from the start would be easier than fixing it later.
Absolutely worth hiring a real estate specialized CPA at least for the first year. They'll set up your depreciation schedules correctly from the beginning, which makes future years much easier. The upfront cost of a good CPA is nothing compared to the potential headache of incorrectly calculated depreciation that might need to be fixed through amended returns. Plus, a real estate CPA will know about deductions and strategies you might miss on your own. My biggest regret was trying to DIY my rental taxes for the first few years - I missed several legitimate deductions and had to go back and amend returns once I finally got professional help.
Quick question - I've heard about something called "component depreciation" or "cost segregation" where you can break down a property into even more components to accelerate depreciation. Is that related to this 15-year vs 27.5-year question? My buddy said he saved a ton on taxes doing this.
Yes, what you're referring to is a cost segregation study, which is essentially a more detailed version of what we're discussing. A professional cost segregation study identifies many building components that can be depreciated over 5, 7, or 15 years instead of 27.5 years. This might include electrical systems, plumbing, specialized flooring, cabinetry, and many other components. The benefit is accelerated depreciation deductions, meaning larger tax savings in the early years. However, a formal cost segregation study typically makes financial sense only for properties valued at $500,000+ because of the cost to have it professionally done. For smaller properties, you can still segregate obvious components (like appliances and land improvements) without a formal study, but you won't be able to get as detailed with building components.
I've been living in Washington state for years and honestly the community property thing isn't that bad once you get used to it. The 50/50 split actually helped us when my wife started making way more than me - evened out our tax brackets. Pro tip: keep really good records of what property/assets you had BEFORE marriage because that stays separate property. Made that mistake our first year filing and it was a nightmare sorting it out.
Do you know if common property rules still apply if you're legally married but have a prenup? Our agreement specifically states our incomes remain separate, but I'm not sure if the IRS cares about that for Form 8958 purposes.
Yes, the IRS does actually recognize prenups for tax purposes in community property states, but the rules are very specific. Your prenup needs to explicitly outline how income and assets should be treated (not just a general "our incomes are separate" statement). You'll still need to fill out Form 8958, but you would allocate income according to your prenup rather than the standard 50/50 split. However, make sure your prenup complies with your state's requirements for it to be valid - some states have very specific rules about prenups overriding community property laws.
random question but does anyone know if crypto gains count as community property? bought bitcoin before marriage but sold during. tax software is giving me weird results when i split it 50/50 vs claiming it all myself
Generally, if you bought it before marriage, the original investment stays your separate property. However, any appreciation during marriage is typically considered community property in most community property states. So you'd need to establish the value at the time of marriage and then split the gains from that point forward.
NeonNebula
One thing nobody's mentioned yet is business insurance. I'm a mobile dev contractor too, and I deduct my E&O (errors and omissions) insurance as well as general liability insurance. Both are 100% deductible business expenses, and they protect you if a client ever claims your app caused them financial damage or has security issues. Also look into SEP IRA or Solo 401(k) - as a 1099 contractor you can contribute WAY more to retirement than you could as a W-2 employee, and those contributions are tax-deductible. I put about 20% of my contract income into my Solo 401(k) last year and saved a ton on taxes.
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Paolo Longo
ā¢I hadn't even thought about insurance or retirement accounts! Do you have recommendations for affordable E&O insurance for a solo developer? And for the Solo 401(k), can I set that up myself or do I need to go through a special provider?
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NeonNebula
ā¢For E&O insurance, I use Hiscox which has reasonable rates for solo developers - usually $500-1000/year depending on your projects. Some clients actually require this in contracts, so it's worth having anyway. For the Solo 401(k), you can set it up yourself through providers like Fidelity, Vanguard, or Charles Schwab for free. The paperwork is a bit involved but not terrible. The huge advantage is you can contribute both as the "employee" (up to $22,500 in 2023) AND as the "employer" (up to 25% of your net earnings) for a much higher total than regular IRAs allow. Just make sure you set it up before December 31st of the tax year you want to use it for.
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Isabella Costa
Don't forget about the QBI deduction (Qualified Business Income)! As a self-employed person, you might qualify for an additional 20% deduction on your business income. It's on top of all your regular business deductions. The rules are complicated based on income thresholds, but most developers I know qualify. This is literally free money that a lot of first-time contractors miss. I almost overlooked it my first year until my accountant caught it - saved me about $5,800 in taxes!
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Ravi Malhotra
ā¢Adding to this - make sure you're accounting for self-employment tax (15.3%) on top of regular income tax. It catches a lot of first-time contractors off guard. You pay both the employer and employee portions of Medicare and Social Security taxes. You can deduct the employer half though.
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