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Something important that hasn't been mentioned yet - there could be significant capital gains tax implications for you down the road with this arrangement. When your parents add you to the deed as a gift, you inherit their cost basis in the property. Let's say they bought it for $195,000 in 2012. When you eventually sell the property, your capital gains will be calculated based on that original purchase price, not the value when you were added to the deed. This is different from if you inherited the property after their passing, where you'd get a "stepped-up" basis to the fair market value at the time of inheritance. Also, if this is a rental property, there are depreciation recapture considerations that can significantly impact your taxes down the road. You might want to consult with a tax professional to understand all the long-term implications before proceeding.
I hadn't even thought about future capital gains implications! So you're saying if we sell the property later at say $500,000, our share of the gain would be based on the original $195,000 purchase price rather than the $410,000 value when we were added to the deed? That's a pretty big difference in potential tax. Is there any way around this, or would it be better tax-wise to inherit the property later instead of being added to the deed now?
That's exactly right. If you sell at $500,000 and your share of the original basis is based on the $195,000 purchase price, you're looking at a much larger capital gain than if you had a stepped-up basis from inheritance. From a pure tax perspective, inheriting property is often more advantageous than receiving it as a gift because of the stepped-up basis. However, there are non-tax reasons your parents might want to add you to the deed now - like avoiding probate or starting to transfer ownership during their lifetime. Another option worth exploring is whether your parents could sell you a partial interest in the property at its current fair market value. This would establish your basis at today's value. They could potentially do this as an installment sale or even forgive the payments as annual gifts under the exclusion amount. This gets complicated though, so definitely consult with a tax professional who specializes in real estate transactions.
One thing I haven't seen mentioned - if your parents have a mortgage on this rental property, adding you to the deed could trigger the due-on-sale clause, which means the entire mortgage might have to be paid off immediately. This happened to my brother's family! Also, depending on your state, this transfer could trigger a reassessment of property taxes, which could significantly increase the annual property tax bill. Worth checking your local rules before proceeding.
This is super important! My family did something similar in California and got hit with a massive property tax increase because the transfer triggered a reassessment. We had no idea that would happen.
Check if your old employer might have done a "forced rollover" of your 401k. This happened to my husband. He left a job in 2017, completely forgot about a small 401k (like $8k), and then in 2024 got a 1099-R out of nowhere. Turns out the company's plan administrator had changed and they did a forced transfer of inactive accounts under a certain dollar amount. They claimed they sent notices but we never got any. The money had been moved to some default IRA provider we'd never heard of. Call the company on the 1099-R and ask specifically about the source of funds and when the account was opened. Get as much info as possible about where the money came from originally.
Thank you! This sounds very similar to what might have happened to me. Did your husband end up owing taxes on the distribution? And did he have any luck getting the money back after all that time?
Yes, he did owe some taxes because they processed it as a distribution rather than a direct rollover, which was super annoying. We had to pay about $1,600 in taxes on it. We probably could have fought it, but the amount wasn't worth hiring a tax pro for. He was able to claim the remaining money though! We contacted the company, verified his identity, and they sent a check for the remaining amount (after the withholding they'd already taken out). Took about 3 weeks to get the check. If your situation is similar, definitely call them ASAP to claim your money before it potentially gets sent to the state as unclaimed property.
If it helps, you can check the National Registry of Unclaimed Retirement Benefits at https://www.unclaimedretirementbenefits.com or your state's unclaimed property website. Sometimes forgotten 401ks end up there. Also, do you remember if you worked for a company that might have been acquired or merged with another? Sometimes during corporate restructuring, retirement plans get transferred to different administrators and people lose track.
That unclaimed benefits site is legit. I found an old pension I didn't even know I had from a summer job in college. Only about $3,200 but hey free money!
Here's what I did with my S-Corp for home office: I set up a rental agreement where my S-Corp pays me $800/month to rent my home office space. I report this as rental income on Schedule E, but then I deduct all the expenses related to that space - utilities, internet, cleaning, repairs, insurance, plus depreciation on that portion of the home. My accountant said this approach is better than the accountable plan for my situation because I can still claim depreciation on my personal return. The rental income and expenses mostly offset each other, but I still show a small profit to avoid raising red flags about a consistent rental loss. For your old $11k from Schedule C years, that's already "used up" as far as current deductions, but it does affect your basis when you sell. Make sure you keep those old returns!
Does your S-corp pay you a reasonable salary too? I heard the IRS gets suspicious if you do the rental agreement but don't take much salary since it looks like you're trying to avoid payroll taxes. Wondering how you balance this?
Yes, absolutely! I pay myself a salary of $92,000 which is in line with industry standards for my role and region. The rental agreement is completely separate from my salary arrangement. The IRS does indeed look closely at S-Corps that try to avoid payroll taxes by taking distributions instead of reasonable compensation, so I'm careful to maintain proper documentation for both arrangements. The home office rental is properly documented with a formal lease agreement, market rate analysis, and clear separation from my compensation structure. My accountant reviews everything annually to make sure I'm in compliance.
Has anyone actually gotten audited over the transition from Schedule C to S-Corp with home office deductions? I'm in the same situation, had about $9k of accumulated Form 8829 depreciation, then formed an S-Corp last year. My tax guy says not to worry, but I keep hearing horror stories about S-Corp audits.
A friend of mine did! He didn't properly document the switch from Schedule C to S-Corp and didn't set up either an accountable plan or rental agreement. The IRS disallowed a bunch of home office expenses his S-Corp had been deducting and hit him with penalties. They were especially interested in the depreciation from his Sch C years. Make sure you have proper documentation!!!
Another option to consider is using USPS mail forwarding service instead of a PO box. You can set up temporary forwarding for the time you'll be gone, and it's usually cheaper than a PO box. I did this when I spent 3 months abroad last year. Just make sure to set it up well in advance of your departure.
Doesn't mail forwarding take a long time though? I've heard it can delay mail by 1-2 weeks, which could be risky for time-sensitive tax documents.
In my experience, there was about a 3-5 day delay when I first set it up, but after that it worked consistently. You're right that it's not instantaneous like having someone check a local PO box. If you're concerned about time-sensitive documents, you might want to contact the senders directly (employers, banks, etc.) and change your address with them temporarily or opt for electronic delivery where possible. That's more reliable than depending on mail forwarding for critical documents.
Has anyone changed their address directly with the IRS temporarily? I found this form 8822 for address changes, but I'm not sure if it's worth filing for a 2-month temporary change.
Filing Form 8822 is really only necessary for a permanent address change. For a temporary situation, it's overkill and might actually cause confusion. The IRS processes those form submissions manually and it can take weeks or months to update in their system.
Toot-n-Mighty
Just to add another perspective - material participation tests typically come into play for rental properties, business interests, or if you're a partial owner in an S-corporation or partnership. There are 7 different tests the IRS uses to determine if your participation is "material": 1. You work 500+ hours in the activity during the year 2. Your participation is "substantially all" the participation in the activity 3. You participate more than 100 hours and no one else participates more 4. The activity is a "significant participation activity" and you exceed 500 hours in all SPAs 5. You materially participated in 5 of the last 10 years 6. The activity is a personal service activity and you materially participated in any 3 prior years 7. Based on facts and circumstances, your participation is regular, continuous, and substantial But again, if you're just an employee getting a W-2, none of this applies to you!
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Lena Kowalski
ā¢This is super helpful, thanks! Question - does the 500 hour requirement have to be exact? Like do I need to document every single hour I worked on my side business?
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Toot-n-Mighty
ā¢You don't need to document every minute, but you should have reasonable support for your hour claims if you ever get audited. The IRS doesn't require a specific format - you can keep logs, calendars, appointment books, or even create summaries based on your regular schedule. The key is having something contemporaneous (created around the time of the activity) rather than trying to reconstruct everything years later if you're audited. For a side business where you're close to the 500-hour threshold, I'd recommend at least tracking days worked and approximate hours per day. If you work a very regular schedule, you might be able to create a reasonable calculation (like "I work every Tuesday and Thursday evening for 4 hours, plus every other Saturday for 8 hours" = approx 520 hours per year).
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DeShawn Washington
Unrelated to your specific question but I got a similar confusing form last year, and what they were actually doing was checking if I qualified for a special small business tax credit. When I called, they explained they sent it to everyone in certain fields but only business owners needed to respond. Bureaucracy at its finest lol! Could be something similar for you.
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Mei-Ling Chen
ā¢This happened to me too! Turned out they were trying to determine if I qualified for a green jobs tax incentive since I work in environmental remediation. The form was poorly worded and looked like it was questioning my employment status, but really they were trying to give my employer a tax break for hiring people in my field.
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