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Something nobody's mentioned yet: check your local laws regarding short-term rentals! Many cities have restrictions or outright bans on Airbnb-type rentals, especially in apartment buildings. You'd hate to set this all up, deal with the tax complications, and then get shut down by your city or landlord. Also, most leases have clauses against subletting, so you might be risking eviction. The tax benefits (or lack thereof) might be the least of your worries!
I actually tried doing exactly what you're describing last year! Here's how it played out tax-wise: I rented a 2-bedroom apartment for $1,900/month and sublet one room on Airbnb. Made about $9,800 for the year in rental income, and claimed expenses of: - 50% of rent ($11,400) - 50% of utilities ($2,200) - New furniture ($1,700) - Cleaning supplies, sheets, etc ($800) - Internet upgrade ($580) So I showed a loss of about $6,880, but my accountant explained I couldn't use it against my W2 income because: 1. It's considered a passive activity loss 2. The $25K exception requires ownership 3. I didn't qualify as a real estate professional The losses got suspended and I can only use them against future rental income. It was still worth it financially because the Airbnb income offset a good chunk of my rent, but didn't help with taxes like I'd hoped.
Wait, aren't you technically running a business though? Could you have classified it as self-employment instead of rental activity? Then maybe the losses would apply differently?
I asked my accountant about that too! She said it depends on the level of services provided. If you're just providing basic rental amenities (bed, bathroom, etc.), it's still rental activity. If you're providing substantial services like daily cleaning, meals, concierge services, etc. - more like a B&B - then it might qualify as a business rather than rental activity. In my case, I wasn't providing those "substantial services" so it still counted as rental activity with all the passive loss limitations.
Another option worth mentioning is that you can still mail a check with Form 1040-ES. Even though the form is meant for the estimated payment that was due in January, you can still use it to make a payment now. Just mail the check with the 2021 Form 1040-ES voucher for the 4th quarter, and make sure to clearly write "2021 Form 1040-ES" and your SSN on the check. The main downside compared to electronic payment is it will take longer to process, and you won't get immediate confirmation. But it's an alternative if you're having issues with the online system. Just keep in mind you'll still have the same potential penalty for the late payment regardless of which method you use.
Wouldn't the paper option take way longer to process though? I'm worried about making things worse by having the payment not get credited before I file my return in April. Is there a way to track when they receive and process a paper payment?
Yes, paper payments do take longer to process - typically 2-3 weeks, sometimes more during busy periods. If you're planning to file your return soon, the electronic payment through Direct Pay (using "Balance Due" option) would be much faster. For tracking a paper payment, the IRS doesn't provide direct tracking like a package. The best way to confirm they received it is by setting up an online account at IRS.gov and checking your tax account transcript, which will show when payments post to your account. You can also call the IRS, but as others have mentioned, the wait times can be very long. If you do mail a payment, I'd strongly recommend using certified mail with a return receipt so you at least have proof of when you sent it.
PSA for next year: If you have the IRS2Go app on your phone, it lets you make estimated tax payments through Direct Pay or a credit/debit card right from the app, and it sends you reminders before each quarterly due date. I used to forget my January payment every single year until I started using this.
Does the app charge extra fees like when you pay taxes with a credit card on those third-party processors? Or is it actually free like regular Direct Pay on the website?
If you have the original purchase price of your home and know what percentage you've been using for business purposes, you can actually recreate your depreciation schedule pretty easily. Here's what I'd do: 1) Take your original purchase price + any improvements 2) Multiply by the percentage used for business 3) Divide by 27.5 years That gives you your annual depreciation amount. Multiply by the number of years you claimed it, and you'll have a good approximation, even without all the returns.
Thank you for this simple breakdown! I think I can work with this approach. Do I need to adjust for any improvements we made to the house over the years? We did a kitchen remodel about 12 years ago and added a bathroom around the same time.
Yes, major improvements should definitely be factored in. For the kitchen remodel and bathroom addition, you would take the cost of those improvements, multiply by your business use percentage, and then depreciate that amount over 27.5 years starting from the year the improvements were completed. You'll want to add this additional depreciation to your original calculation. If your home office included any portion of these improved areas, that would increase your annual depreciation from the point those improvements were made. It makes the calculation a bit more complex, but still very doable even without all your old returns.
Just wondering if anyone knows if there's a penalty if you underreport the depreciation recapture? I mean, if the OP genuinely can't figure out the exact amount taken over 21 years, what happens?
Just to add another perspective - I amended a return last year using TurboTax and it wasn't too difficult. If you filed your original return with tax software, check if they offer an amendment service. Often they can pull your original information and you just need to make the changes. Keep in mind that amended returns take FOREVER to process right now. Mine took almost 9 months to be processed completely. But at least you'll be in compliance and avoid those penalties others mentioned.
9 months?! That's insane. Does that mean I won't get the additional refund (if there is one) for that long? Or would I likely owe more since a W2 was missing?
It really depends on what was on that missing W2. If there was a lot of withholding on it, you might be owed an additional refund. If there wasn't much withholding compared to the income, you'll probably owe more tax. And yes, unfortunately the wait times are crazy long now. If you're owed money, you'll have to wait until they process the amendment to get it. If you owe more, you should pay it when you file the amendment to minimize interest and penalties, even though they'll take forever to actually process the paperwork.
Don't forget that if you and your ex are still splitting the refund, you'll need to work out how this amendment affects that split. If you end up owing money instead of getting more back, who's responsible for paying it? Make sure you have that conversation before filing the amendment to avoid more drama later. Also save copies of EVERYTHING. My ex "lost" all our tax documents after our divorce and it was a nightmare sorting it out. Make sure you have your own copies of the original return, the W2s, and the amendment.
Caleb Stark
One thing nobody mentioned yet - if you filed through a tax preparer like H&R Block or TurboTax, sometimes they have additional tools or resources to help track your refund or explain statuses like Tax Topic 152. I had this same issue last year and when I logged into my TurboTax account, they had more detailed tracking info than the IRS website provided. Plus they had an explanation of what Tax Topic 152 usually means for different filing situations.
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Jade O'Malley
ā¢Which tax software gives the most detailed tracking? I used FreeTaxUSA this year and their tracking doesn't seem to have any more info than the IRS site.
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Caleb Stark
ā¢In my experience, TurboTax and H&R Block tend to have the most detailed tracking features built into their apps and websites. They pull data from the IRS but present it in a more user-friendly format with better explanations. FreeTaxUSA is great for filing affordably, but their after-filing support isn't as robust as the premium services. TaxAct falls somewhere in the middle - better tracking than FreeTaxUSA but not quite as comprehensive as TurboTax.
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Hunter Edmunds
Tax Topic 152 actually showed up on my return status for about 3 weeks last year. I claimed both EIC and the Child Tax Credit. The bars disappeared and I got that topic message instead. I freaked out at first, but then my refund suddenly appeared in my account with no other updates or notices. The WMR tool never even updated to "approved" status for me - it went straight from Topic 152 to "refund sent" after it was already in my account. So sometimes the system just doesn't update properly even though your refund is being processed normally. The IRS systems are ridiculously outdated.
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Mia Alvarez
ā¢That's actually reassuring! Did you do anything special to get your refund moving or did it just suddenly appear one day? I'm hoping mine moves along without me having to do anything.
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