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There's another option that nobody has mentioned yet. If the property will be used as the buyer's residence AND the sale price is under $1 million, the withholding rate is reduced from 15% to 10%. Also, if your coworker has owned and used the property as her main home for at least 2 of the last 5 years, she might qualify for the primary residence exclusion, which can exclude up to $250k of gain from taxation ($500k for married couples). The realtor is giving terrible advice. Selling below market value is literally throwing money away.
Does the primary residence exclusion apply to nonresident aliens too? I thought that was only for US citizens and residents.
You're right to question this - the primary residence exclusion actually doesn't apply to nonresident aliens. I should have been more clear about that. While US citizens and resident aliens can exclude up to $250k/$500k of gain on a primary residence, nonresident aliens generally cannot take advantage of this exclusion. However, the reduced withholding rate (10% instead of 15%) for properties under $1 million that will be used as the buyer's residence still applies regardless of the seller's status. This is just for the withholding amount though, not the final tax liability.
I was in this exact situation last year. Tell your coworker to file IRS Form 8288-B BEFORE closing to request a withholding certificate for a reduced amount based on her expected actual tax liability. You'll need: - Copy of purchase contract - Estimated closing statement - Proof of her basis in the property (original purchase price + improvements) - Calculation of expected gain It takes 2-3 months to process so start ASAP! If the sale needs to happen before approval, she can still get a refund by filing a tax return, but having thousands tied up with the IRS for months isn't ideal.
Can u file the 8288-B yourself or do u need a tax preparer to do it?
4 Another option is to just make quarterly estimated tax payments for the side gig income using Form 1040-ES. That way you don't have to adjust your W-4 at all, and your main employer doesn't need to know about your side hustle.
19 Isn't there a penalty if you don't pay enough throughout the year though? How do you figure out the right amount for quarterly payments?
4 There can be a penalty if you significantly underpay throughout the year, but you can avoid this by making sure your total payments (withholding plus quarterly payments) equal at least 90% of your current year tax or 100% of your prior year tax (110% if your income is over $150,000). For figuring out the right quarterly payment amount, you'd take your expected additional tax from the side gig (including both income tax and self-employment tax which is about 15.3%) and divide by 4. For someone making $6,800 extra, the self-employment tax alone would be about $960 for the year, plus whatever income tax applies based on their tax bracket.
22 Don't libraries have access to tax forms and publication? If I was the librarian I would have just printed off the W-4 instructions and given it to him lol. They literally explain this exact scenario.
1 We do have tax forms and publications available, and I did offer those resources! But as anyone who's looked at IRS instructions knows, they can be pretty complicated to understand if you're not familiar with tax terminology. The patron seemed overwhelmed and was looking for someone to actually walk him through his specific situation, which is beyond our role as librarians. That's why I referred him to his employer's payroll department or his tax preparer. I was just personally curious about how this situation should be handled, especially with the newer W-4 format. The responses here have been really helpful!
A tip that might help - run your taxes BOTH ways (jointly and separately) before deciding. My husband has an S-Corp too, and we discovered filing jointly saved us around $3,200 even though I was convinced separately would be better. The marriage date doesn't actually matter for tax status. If you're married on December 31, 2024, the IRS considers you married for the entire tax year. Weird but true!
That's really helpful - I had no idea about the December 31 rule! If you don't mind me asking, did you find that filing jointly helped mostly because of tax bracket differences or was it due to certain credits?
For us, it was a combination of factors. The biggest benefit came from the difference in tax brackets - my income "filled up" the lower brackets when combined with some of my husband's income, which kept more of our total income in lower tax brackets than if we filed separately. We also qualified for some credits that are either reduced or eliminated when filing separately, including the child and dependent care credit (which we needed for our daughter). Plus, filing separately would have meant losing some of our itemized deductions due to the percentage of AGI thresholds. When we ran both scenarios, jointly saved us about $3,200.
Has anyone else had problems with tax software not explaining the S Corp stuff clearly? I feel like most of them are designed for simple W-2 situations and get really confusing with business income. Im about to throw my laptop out the window lol
YES! I found TurboTax completely misleading for our S Corp situation. Switched to TaxAct which handled it better but still wasn't great at explaining the MFJ vs MFS options with business income involved.
I've had good experiences with H&R Block's premium online version for this specific situation. They have a separate business section that handles S Corps properly and explains how it flows to your personal return. Bit more expensive but worth it for the clarity.
The easiest way to spot a fraudulent preparer is if they base their fee on a percentage of your refund. That creates an obvious incentive for them to inflate your refund by any means necessary! Legitimate professionals charge based on the complexity of your return, not the outcome.
CosmicCowboy
I messed up a similar situation last year with distributions from my IRA. From personal experience, here's what will probably happen if you don't amend: 1. In about 6-12 months, you'll get a CP2000 notice saying they found unreported income 2. They'll calculate the additional tax plus interest and penalties 3. You'll either have to pay it or contest it It's way easier to just file the 1040-X now. The penalties will be lower and you'll avoid the stress of getting that IRS letter.
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Dmitry Sokolov
ā¢Thanks for sharing your experience! How complicated was it to file the amendment? I've never done one before and I'm worried I'll mess it up somehow.
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CosmicCowboy
ā¢Filing the amendment through TurboTax was pretty straightforward. Since you already filed with them, you just log in, choose the option to amend your 2023 return, and follow the prompts. It'll ask what you're changing, and you'd select "income" and then add the 1099-R information. The system recalculates everything automatically. Just review the changes carefully before submitting. If your situation is simple like mine was (just adding a missed form), it shouldn't take more than 30-45 minutes. The hardest part is waiting for processing - paper amendments can take 6+ months to process currently.
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Amina Diallo
Just curious, did your 1099-R have code G in box 7? That code is specifically for a direct rollover to a Roth IRA and has specific tax implications. If your form doesn't have the right code, it could affect how it should be reported.
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Oliver Schulz
ā¢Not the OP, but I think that's what they meant by "Form G" - they were referring to the distribution code in box 7. That's super important for determining the tax treatment.
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Dmitry Sokolov
ā¢You're right - it does have code G in box 7. I just double-checked the form. Does that change anything about how I should handle this?
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