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I'm a corporate accountant (not a tax professional) and see this issue frequently from the company side. One thing to check is whether your company is treating this as an "installment sale" under section 453 of the tax code. If it is an installment sale, the K-1 should have box 6c checked, and there should be an attached statement explaining the installment aspects. This means you'd only recognize gain as you receive the payments, instead of all at once. However, many companies don't properly communicate this to their PIU holders. Also, check if any portion of your PIU payment went to recapture previously allocated losses - those wouldn't technically be distributions but would reduce your capital gain amount.
Would the installment sale thing be obvious on the K-1? Mine has so many attached statements and codes that I can barely make sense of it. Is there a specific form or attachment I should be looking for?
The installment sale election would be indicated on your K-1 with box 6c checked (it's labeled "Net section 1231 gain"). Then there should be an attached statement with "Form 6252" or "Installment Sale" in the title that breaks down the gross profit percentage. If your K-1 doesn't have this, ask your company specifically whether they're reporting the transaction as an installment sale. If they're not, you unfortunately will have to recognize the full gain in the current year. In that case, you should request a "tax distribution" to cover the taxes on income you haven't actually received yet - most partnership agreements have provisions for this.
Has anyone actually gone through a full audit with PIU issues? I'm in a similar situation but also received a CP2000 notice from the IRS questioning the gains reported on my return vs what was on my K-1. I'm worried the IRS won't understand these complex PIU structures.
I went through an audit last year because of exactly this situation. The key was having detailed documentation from the company explaining exactly how they calculated the reported gain and why the distribution was lower. The IRS actually understood the concept pretty well once I provided the paperwork. Make sure you get: 1) The original PIU agreement, 2) Documentation of the sale transaction, 3) Calculation of your proportional interest, and 4) Explanation of why distributions differed from allocated gain. With those four things, my audit was resolved in my favor.
Don't forget to separate out the land value! This is a huge mistake so many first-time landlords make. You can only depreciate the building, not the land. In most areas, land is about 20-30% of the total property value, but it varies widely. Check your property tax assessment or get an appraisal that breaks down land vs. building value.
Thanks for pointing this out! I hadn't even thought about separating the land value. Do you know if I can just use the numbers from my property tax assessment, or should I get a separate appraisal specifically for this purpose?
Property tax assessments are generally acceptable for determining the land-to-building ratio, and that's what most people use. The assessment should break down what portion is attributed to land versus improvements (the building). If your property tax assessment seems outdated or inaccurate, you can get a separate appraisal, but it's usually not necessary. Just make sure you document whatever method you use to determine the ratio in case of an audit. Also, keep in mind that high-value properties sometimes get additional IRS scrutiny, so good documentation is extra important in your price range.
What about all the renovation expenses? Are those depreciated separately or added to the property basis? I'm in a similar situation and trying to figure out if I should be tracking renovation costs differently than regular repairs.
Great question! Renovations that are capital improvements (like adding a new roof, remodeling a kitchen, etc.) get added to your property's basis and depreciated over the 27.5 years. Regular repairs (fixing a leaky faucet, replacing a broken window) can be deducted as expenses in the year you pay them. The distinction is important - capital improvements are long-term enhancements while repairs just maintain the property's current condition.
Another option is to use FreeTaxUSA instead of TurboTax. Federal filing with Schedule C (self-employment) is completely free. You only pay like $15 if you want state filing. I switched from TurboTax last year and haven't looked back. They handle all the same deductions without the ridiculous upgrade fees.
Yes, FreeTaxUSA handles all the same forms as TurboTax including investment income and rental properties. I have both and had no issues. The interface isn't quite as polished but it does the exact same calculations. The only real difference I noticed is it doesn't import some forms automatically like TurboTax does, so you might need to enter some information manually. But considering the price difference, it's absolutely worth the few extra minutes of typing.
Word of caution from someone who's been audited - if you're gonna claim deductions on a 1099, KEEP YOUR RECEIPTS!! The IRS loves to target small self-employment deductions because people often don't document them properly. For real, take pics of every receipt, track your mileage with an app, and keep a simple spreadsheet. For a catering gig, you can deduct ingredients, equipment, transportation, portion of your phone bill, etc. But without documentation it's not worth the risk.
What apps do you recommend for tracking mileage? I always forget to log my trips.
Has anyone actually reached out to their representatives about this? I called my congressman's office yesterday about the SALT marriage penalty and they said they've been getting a ton of calls about it. Maybe if enough of us make noise they'll actually do something?
Anyone else think it's weird they're only proposing this for 2023? Like why not make it permanent? Seems like they're just throwing us a bone without actually fixing the problem long-term. Classic Congress!
My guess is budget impact - making it permanent would show a much bigger revenue loss on the CBO score. By making it one year only, they can claim it's a smaller budget hit. Plus the whole TCJA expires after 2025 anyway, so they can just say "we'll fix it permanently when we do comprehensive tax reform"... which of course never happens lol.
Aria Khan
Your wife's doing it correctly. Her friend is likely confusing LLC rules with S-Corp rules. With an S-Corp, you can pay yourself a reasonable salary and take distributions that aren't subject to SE tax. But with a single-member LLC (without any special tax elections), 100% of the profit is considered self-employment income. I'm a contractor too, and switched my LLC to be taxed as an S-Corp after my 3rd year. The paperwork and payroll requirements are a pain, but I save about $8k annually in SE taxes. Just make sure if you go that route that you pay yourself a "reasonable" salary - the IRS watches for people paying themselves too little to avoid SE tax.
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Gabriel Ruiz
ā¢Thanks for confirming what I suspected. Do you think there's a certain income threshold where it makes sense to make the switch to S-Corp taxation? I've heard the extra administrative costs might not be worth it below a certain profit level.
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Aria Khan
ā¢Great question. Generally, most tax pros I've worked with suggest the S-Corp election starts making financial sense when your net profit is around $40,000-$50,000 annually. Below that, the administrative costs often eat up the tax savings. For context, you'll have additional expenses like payroll processing (around $50-100/month), possibly more complex tax preparation fees ($800-1500 vs maybe $300-500 for a simple Schedule C), and you'll need to run actual payroll at least quarterly. Some states also have additional fees for S-Corps. In California, for example, there's a minimum $800 annual tax just for having an S-Corp.
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Everett Tutum
One thing nobody's mentioned - if your wife and her friend are getting all their work from ONE company, they might actually be misclassified! The IRS has rules about who qualifies as an independent contractor vs an employee. Having only one client is a red flag that could trigger reclassification. If they get audited, the company might be forced to treat them as employees, and then this whole LLC discussion becomes moot. Just something to consider.
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Sunny Wang
ā¢This is a great point. The IRS looks at several factors to determine worker classification. Having a single source of income definitely raises flags. Other factors include: who controls when and how the work is done, who provides equipment/supplies, and whether the relationship is ongoing or project-based.
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