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From my understanding, the IRS might view this differently than just normal gifts back and forth. When you transfer property to avoid creditors and then get it back later, they could potentially see this as you maintaining beneficial ownership the entire time (meaning you never really gave up ownership in substance, just on paper). If that's how they interpret it, your basis would still be your original purchase price plus improvements. But there could be other issues to consider beyond just basis calculation.
Thanks for this perspective. I'm worried the IRS might see it that way too. Do you think I should consult with a tax attorney before selling? I'm concerned about potential penalties beyond just calculating the basis wrong.
Consulting with a tax attorney would definitely be a good idea in your situation. They can review the specific details of your transfers and advise you not just on the correct basis calculation but also on any potential exposure you might have regarding the transfers themselves. A good tax attorney can also help you understand the statute of limitations that might apply to your situation and develop a strategy for how to properly document and report the sale to minimize your risk of problems down the road. The peace of mind alone is probably worth the consultation fee.
Has anyone considered the possible gift tax implications of these transfers? When the property was transferred to the mother and then back again, were gift tax returns filed? That could affect how the IRS views the basis.
One tax benefit of holding companies nobody's mentioned yet is asset protection. I put my three rental properties into an LLC that's owned by my holding company. Now if a tenant sues for one property, they can't go after the other properties or my personal assets. The tax benefits were secondary for me - being able to deduct more management expenses was nice but the asset protection was the real win. Just make sure you're actually running it like a real company with separate accounts and proper documentation.
But don't you get hit with franchise taxes in most states when you set up those LLCs? I heard California charges $800 minimum per LLC, so with multiple properties that adds up fast. Are the tax benefits really worth those extra costs?
You're right about the franchise taxes - they definitely cut into the benefits. In California it's $800 per LLC which is painful, but I'm in Tennessee where the annual fee is much lower ($300). For me, the math still works out when I consider both the tax advantages and the asset protection. I'm able to legitimately deduct more business expenses through the holding company structure, including a portion of travel related to property management, home office expenses, and administrative costs that were harder to claim as an individual investor.
Has anyone looked into how the qualified business income deduction (Section 199A) works with holding companies? I've heard conflicting things - some say you lose the 20% deduction with certain holding company structures, others say you can actually maximize it. I'm currently making about $310k from my consulting business and I'm right at the phase-out threshold for the QBI deduction.
This is a great question about QBI and holding companies. The Section 199A deduction can be tricky with holding companies because certain structures might limit your ability to claim it. If your holding company is classified as a specified service trade or business (SSTB) and your income is above the threshold (which at $310k, yours is), you'll face limitations. However, a properly structured holding company might allow you to separate SSTB income from non-SSTB income, potentially preserving some of the QBI deduction.
I was in almost this exact situation last year with my ex. We were separated for 8 months but not legally divorced by year-end. My advice? Protect yourself first. We tried filing jointly because it saved him about $4,000, but then he never paid his portion of what we owed. Guess who the IRS came after for the entire amount? ME. Even though we had a written agreement about splitting the tax bill, the IRS doesn't care about that - they just want their money. If you do file jointly, make sure you get his portion of any tax due BEFORE you file. Don't trust promises to pay later. And know that if he has any issues like unreported income, back child support, or defaulted student loans, any joint refund could be seized to cover his debts. Filing separately might cost you both more in total taxes, but the peace of mind knowing you're only responsible for your own tax situation is worth it, especially during a separation that might turn contentious.
Yikes, that's exactly what I'm worried about. He's suggesting we file jointly but says he can't pay me his portion until he gets his tax refund from a previous year that's still processing. Did you find that you lost a lot of tax benefits by filing separately? I'm worried about losing my education credits.
That's a huge red flag! If he's waiting on a prior year refund, there's a good chance the IRS is holding it for some reason - maybe prior tax debt, child support, or other government debt. That refund he's counting on might never arrive or might be much smaller than he expects. I did lose some tax benefits filing separately. The biggest hits were lower thresholds for certain deductions and credits and losing the ability to contribute to a Roth IRA (my income was too high for separate filing but would have qualified under joint). However, my education credits actually worked out better filing separately because they have income limits that are easier to stay under with just my income. In your case, with a significant income difference and you being a student, filing separately might actually preserve more of your education credits. The American Opportunity Credit and Lifetime Learning Credit both start phasing out at lower combined income levels.
Hey everyone, quick update from someone who's been through this - the TCJA (Tax Cuts and Jobs Act) changed some rules that affect this situation. If you file separately: 1. You both MUST either take the standard deduction OR both itemize - you can't mix and match anymore 2. If he claims any kids as dependents, you can't claim the Earned Income Credit even with your other kids 3. You'll have lower income thresholds for education credits, child tax credits, and retirement contribution deductions I'm not a CPA, but I found FreeTaxUSA let me toggle between filing statuses to compare before finalizing. It's way cheaper than TurboTax and showed me a side-by-side comparison of how each credit and deduction changed. In my case, filing jointly would have saved us about $3,200 combined, but I filed separately anyway because my ex had issues with unreported income that could have triggered an audit. Best $3,200 I ever "spent" to avoid that headache!
This is super helpful! One more thing to add - if you file separately and your spouse itemizes deductions, you CANNOT claim the standard deduction. My ex itemized without telling me, and I had to redo my whole return. Also, the income threshold for education credits drops dramatically for married filing separately - I think it's around $10,000 for some credits, which might be below your income.
I think everyone's missing something important here. When your friend got a mortgage, the bank 100% would have wanted to know where that down payment came from. They typically want to see bank statements showing the source of funds. If he just deposited crypto proceeds without explanation, the bank would have flagged this during underwriting. Either he lied to the mortgage company (which is mortgage fraud) or he disclosed it was crypto proceeds, in which case there's a paper trail the IRS could potentially follow. Banks file suspicious activity reports for large unexplained deposits.
That's a really good point I hadn't considered. Do you think the mortgage company would report that information directly to the IRS though? Or would they only discover it if they specifically investigated him for some reason?
Mortgage companies don't routinely report down payment sources directly to the IRS - that's not their job. However, they do file what's called a Mortgage Interest Statement (Form 1098) that shows the IRS your friend bought a property. If the IRS ever decides to audit your friend, they'd look at his income versus his expenses and assets. A $50K down payment that doesn't align with reported income would raise immediate questions. The IRS could then subpoena the mortgage application documents, which would reveal the source of funds. It's not about the mortgage company reporting him - it's about the paper trail created during the mortgage process that could be discovered during an audit. The bigger issue is your friend deliberately hiding taxable income, which has no statute of limitations for fraud.
Your friend is playing a dangerous game called "audit roulette." Yes, the IRS is understaffed, but they've been massively increasing resources for crypto enforcement. I made a similar mistake in 2018 - sold about $30k of Bitcoin and didn't report it. Thought I was safe because I used a small exchange. Two years later, I got a CP2000 notice showing they knew exactly what I'd done. Had to pay the original tax plus 20% accuracy penalty and interest. The IRS is working with blockchain analytics companies to trace transactions. They can also see bank deposits that don't match reported income. The smart move is to file an amended return ASAP - coming forward voluntarily looks WAY better than getting caught.
Jamal Thompson
I've been using Credit Karma Tax (now Cash App Taxes) for the last three years and it's completely free for federal and state. It handles my moderately complex return fine (W2, mortgage interest, some investments, HSA contributions). The interface isn't as hand-holdy as TurboTax but if you generally know what forms you need, it's great. Zero upsells since it's totally free.
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Mei Chen
ā¢Do they handle Schedule C for small businesses? I have a side hustle selling crafts online and I'm trying to file properly without spending a fortune.
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Jamal Thompson
ā¢Yes, they do handle Schedule C for small businesses and side hustles. I actually started using them when I had a small consulting gig on the side. It covers all the common business deductions and expenses. The interface for business income isn't quite as polished as TurboTax's, but again, completely free is hard to beat. If you have inventory for your crafts business though, just be aware you'll need to understand the basics of how to track that yourself - this is true of most DIY tax software.
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CosmicCadet
I actually still use a local CPA for my taxes and it's worth every penny. Costs me $350 but he's saved me thousands over the years by catching things I'd miss and giving me year-round tax planning advice. If your situation is getting more complex with that side gig, might be worth considering. My guy answers questions all year without charging extra.
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Nia Harris
ā¢That's interesting - I've always been hesitant about the cost of a CPA, but I never thought about the year-round advice aspect. How did you find your CPA? And did you interview multiple people before choosing?
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