IRS

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Ask the community...

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Ethan Davis

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One thing to watch for with NOLs is that there have been some changes in how they work over the past few years. Currently, you can only carry NOLs forward (not backward like you could in the past), and they're limited to 80% of your taxable income in future years. So if you have a $28,000 NOL from 2023, and in 2024 you have $50,000 in taxable income, you can only use $40,000 of your NOL (80% of your income) to offset your 2024 taxes. The remaining $12,000 would carry forward to 2025. Make sure you keep really good records of your NOL so you can properly apply it in future years!

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Thank you for pointing this out! I had no idea about the 80% limitation. Does this mean I need to file any special forms for my 2024 taxes next year when I use the NOL? And should I be keeping copies of anything specific from my 2023 return as proof?

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Ethan Davis

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Yes, when you apply your NOL to your 2024 taxes next year, you'll need to file Form 1045 Schedule B to show how you're applying the carryforward. It's a good idea to keep a complete copy of your entire 2023 tax return, especially Schedule A of Form 1045 where you calculated the original NOL. Also keep any supporting documentation for the business losses that created the NOL - receipts, invoices, mileage logs, etc. The IRS tends to look more closely at returns with NOLs, so being able to substantiate everything is important. I recommend creating a dedicated "NOL documentation" folder with copies of everything, since you might be carrying this forward for several years.

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Yuki Tanaka

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One more thing to consider - if you're filing in a state with income tax, the NOL rules may be different than federal. Some states don't recognize NOLs at all, some have different carryforward periods, and others follow federal rules. For example, in California, NOL rules are different from federal with their own forms and calculations. Worth checking your state's department of revenue website for specifics before filing your state return.

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Carmen Ortiz

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Good point about state taxes! I've also seen some states limit the amount of NOL you can claim in a single year, regardless of the federal 80% rule. My state (Illinois) has its own NOL worksheet that's completely different from the federal one.

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Eli Wang

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Just wanted to add - make sure your mom knows about this payment you received. It could potentially cause issues with her tax return if the IRS system thinks you filed independently. Might be worth having her double-check her return was processed correctly.

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Olivia Evans

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Thanks for mentioning this! I told my mom right away and she checked her online account with the IRS. Her return was processed correctly with me as her dependent, which makes this even more confusing. Seems like different IRS systems aren't talking to each other properly.

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Eli Wang

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That's definitely the issue then - the system that processes tax returns correctly marked you as a dependent, but the system that distributes stimulus payments didn't get that information. Classic government tech problems! Based on everything I've seen in similar cases, you're very likely in the "safe harbor" category where you can keep the payment without worry.

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Has anyone here actually returned a stimulus payment? I got one for my daughter who passed away and I sent it back because the IRS website said to return payments for deceased individuals. The whole process was a nightmare and took forever to get confirmation they received it.

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I'm so sorry about your daughter. Yes, deceased person payments are one of the few cases where the IRS explicitly tells you to return the money. For dependent status confusion like OP's situation, they've been much more lenient. I think they realized the administrative cost of processing returns would exceed the benefits.

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Asher Levin

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Don't forget to look into whether a 1031 exchange might work for you. If you're planning to reinvest in another investment property, you could defer those capital gains taxes. With a $2M gain, we're talking about potentially deferring $400K+ in taxes. You need a qualified intermediary though and there are strict timelines.

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I've heard about 1031 exchanges but wasn't sure if they applied to properties you build yourself. Do you know if there are any special rules for self-built investment properties? And do I need to identify the replacement property before I sell?

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Asher Levin

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1031 exchanges absolutely can work for self-built investment properties. The fact that you built it yourself doesn't matter for exchange purposes - what matters is that it was held as an investment property. Yes, you must identify potential replacement properties within 45 days of selling your property, and you must close on one of those identified properties within 180 days. This is absolutely strict - miss those deadlines by even one day and the entire exchange fails. Also critical: you cannot touch the proceeds from your sale - they must go directly to a qualified intermediary who will hold them until you're ready to purchase the replacement property.

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Serene Snow

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Has anyone mentioned the Qualified Business Income deduction? If you structured this as a business activity rather than just a passive investment, you might qualify for some QBI deductions on part of your income. Might be worth looking into.

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That's not how QBI works for real estate. You'd need to be classified as a real estate professional and spend 750+ hours annually in real estate activities. A one-off project like this wouldn't qualify unless OP is regularly in the business of building and selling properties.

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When you fill out a new W4, you're essentially telling your employer to recalculate your ENTIRE tax situation, not just add the extra withholding amount you specified. It sounds like when you updated your W4 to account for your wife's income, the payroll system is now withholding at the appropriate rate for your combined income. With combined income of $257k, you're in a higher tax bracket than your individual income would suggest. The previous $453 was likely too low for your actual tax liability with both incomes. The new amount might seem high, but it's probably more accurate for your actual tax situation. Check Box 2 on your W4 - if you checked "Married filing jointly" but didn't complete the two-earners worksheet or use the IRS withholding calculator, your withholding might be off.

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Is there any way to just add a specific extra amount without recalculating everything? Sometimes I just want to bump up my withholding by a set amount without all this complexity.

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Yes, you can use Box 4(c) on the W4 form which is specifically for extra withholding. If you want to add exactly $348 more per pay period without changing your current withholding base calculation, just put $348 in Box 4(c) and leave the rest of the form the same as your previous submission. Make sure you don't fill out Step 2 or check any different filing status boxes if you don't want the system to recalculate your base withholding. The Box 4(c) amount will be added on top of whatever your current calculation method is producing.

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Have you checked if your employer is calculating this correctly? My company's payroll system messed up my withholding last year after I submitted a new W4. They accidentally applied the additional withholding amount to EACH paycheck instead of spreading it across the remaining pay periods for the year. For example, if you need to withhold an additional $4,200 for the year and have 10 pay periods left, they should withhold $420 extra per paycheck. But my company's system took the $4,200 from EACH remaining paycheck!

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Tyrone Hill

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This happened to me too! It was a nightmare to fix because our payroll department kept insisting they were doing it right. Had to get a manager involved.

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Diego Rojas

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One important aspect that hasn't been mentioned yet is the potential need for an estate planner if you're expecting more inheritances in the future or if you need to develop a strategy for the assets once you receive them. While the CPA and tax attorney will help with the immediate inheritance and tax implications, an estate planner can help you develop a longer-term strategy for managing and potentially transferring these assets in the future, especially as a non-citizen. Non-citizens face different estate and gift tax rules than citizens, so planning ahead can save you significant money in the long run. Estate planners who work with non-citizens will understand these nuances.

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That's a great point I hadn't considered. The property is just the first part of a larger inheritance that will come in phases. Would the estate planner work alongside the CPA and attorney, or would they typically handle different aspects of the situation?

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Diego Rojas

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Estate planners often work collaboratively with your CPA and attorney. They typically focus on the big picture and long-term strategy while the attorney handles immediate legal matters and the CPA addresses current tax implications. For a phased inheritance situation like yours, an estate planner would be particularly valuable. They can develop a comprehensive strategy that takes into account both current and future assets, helping you avoid potential pitfalls specific to non-citizens. For example, they might suggest specific trust structures that work better for non-citizens or strategies to minimize estate tax exposure across multiple countries.

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Has anyone used online tax prep software for reporting foreign inheritance? I'm wondering if something like TurboTax or H&R Block can handle this kind of situation or if it's too complex for those platforms.

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DO NOT use regular tax software for international inheritance! I tried that last year and it was a disaster. The software doesn't ask the right questions about foreign assets and doesn't include all the necessary forms. I ended up having to amend my return and pay penalties because I missed filing several required information returns.

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