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I completed a cross-state 1031 last year (CA to TX) and the one thing nobody mentioned yet is state tax implications. Since you're going from AZ to IN, you should check if Arizona tries to tax the deferred gain when property leaves the state. Some states have "clawback" provisions. In my case, California wanted their piece of the pie even though I moved to Texas. Had to file a special form with CA acknowledging the deferred gain. Don't know about AZ specifically, but worth checking into before you complete the exchange.
That's a really good point I hadn't considered. Do you know if there's any resource specifically about Arizona's policies on this? I definitely want to avoid surprise tax bills from AZ after I've moved to Indiana.
I don't know Arizona's specific rules, but I'd recommend calling the Arizona Department of Revenue directly. That's what I did with California. For what it's worth, most states follow the federal treatment and don't try to tax the gain immediately, but some have started implementing these clawback provisions to prevent losing tax revenue when property owners leave the state. Usually there's a form you need to file acknowledging the deferred gain and agreeing to file nonresident returns if you later sell the replacement property.
One thing to be careful about with cross-state 1031 exchanges is making sure you're working with a qualified intermediary who is licensed in both states. I learned this the hard way.
Is that really a thing? I thought QIs weren't actually licensed in most states. They're not like real estate agents with state-specific licenses. At least that's what I understood.
I'm a tax preparer (not CPA) and November is absolutely not too early to book for tax season. We start booking returning clients in October and new clients in November. By January, we're usually booked through mid-March. One suggestion - ask if they offer a pre-tax season planning meeting in December. Many CPAs offer this service where they can review the situation and give advice before year-end. This is especially useful with real estate since there might be things your in-laws can do before December 31st to optimize their tax situation.
What's the difference between a tax preparer and a CPA? Would a regular tax preparer be able to handle real estate investments from another country or is that something only a CPA should handle?
A CPA has more extensive education, passed the CPA exam, and maintains specific continuing education requirements. Tax preparers like me have various levels of certification (I'm an Enrolled Agent which means I'm licensed by the IRS). For international real estate investments, I would strongly recommend a CPA with specific experience in that area. While some experienced EAs could handle it, CPAs typically have more training with complex international tax issues. Foreign real estate can involve foreign tax credits, FBAR filings, and other complex reporting requirements that go beyond basic tax preparation. This is definitely a situation where expertise matters more than price.
I would recommend calling now but expecting to book for February. January is when most people are still waiting for documents to arrive. Most W-2s and 1099s don't even come until late January or early February, so unless your in-laws have everything ready super early, a February appointment makes more sense.
This depends entirely on the complexity. For simple returns, sure. But for real estate investments, especially with foreign ownership, earlier meetings can be crucial for gathering all the required documentation. Sometimes these returns require information that takes weeks to track down.
Just want to point out something important here - the "square footage" method is crucial if you go the home office route. Since you're using a substantial portion of your home (half of 9,000 sq ft!), you'd calculate the percentage of your home used for business and apply that to your home expenses. For example, if exactly half is used exclusively for the cat boarding business, you'd deduct 50% of your mortgage interest, property taxes, utilities, insurance, repairs, etc. For direct business expenses (like the cat condos or special flooring), those are 100% deductible regardless. Be super careful about claiming exclusive business use though. The space must be used ONLY for business. If you occasionally use the "cat area" for personal purposes, you could lose the entire deduction in an audit.
That exclusive use requirement is so tricky! I have a home daycare and the IRS has different rules specifically for daycare providers. We can claim spaces that have mixed use (like kitchen, bathroom) based on time used for business. I wonder if there's any similar exception for pet boarding? Might be worth looking into.
Here's something nobody's mentioned yet: if your LLC has been deducting rent payments to you, but those should have been treated as income subject to self-employment tax, you might have a tax liability for the difference plus penalties. Before you make any changes, you should calculate what the potential back taxes might be. Depending on how many years this has been going on and the amounts involved, it could be significant. Sometimes it's worth getting a third opinion from a tax professional who specializes in small business issues before making any drastic changes or amendments.
That's a really good point. Do you think I need to file amended returns for previous years? Or could I just start doing it correctly going forward? I'm a bit worried about opening a can of worms if I start amending returns.
Generally, if you discover an error on past returns, you should file amended returns. However, there's a 3-year statute of limitations on most tax issues, so you'd typically only need to amend returns from the past 3 years. That said, this isn't necessarily a black-and-white error. There are legitimate situations where rental arrangements between yourself and your business can be appropriate, especially if you have the right business structure. Before amending anything, I'd recommend getting that third opinion from someone who can look at your specific situation. If you do need to amend, a tax professional can help you present the changes in the most favorable light, possibly reducing or eliminating penalties. Sometimes when you self-disclose and correct issues, the IRS is more lenient than if they discover the issue during an audit.
You might be overlooking something here - if the mold was causing a health hazard, it could potentially qualify as a casualty loss rather than a home office deduction. The rules changed after 2017, but certain federally declared disaster areas still qualify. Check if your area had any declared disasters around the time of the leak. Also, did your homeowner's insurance cover any of the remediation? If they denied the claim, that might strengthen your case for some type of deduction. Either way, keep EVERY receipt and document everything meticulously if you plan to claim anything related to this.
We're actually not in a disaster area, this was just a regular plumbing leak that went undetected for a while. Insurance did cover about $2,000 of it, but we had a high deductible and they wouldn't cover the countertop replacement since they said it was an "upgrade" from what we had before. I'll definitely keep all receipts though!
That's important information about the insurance - you can only deduct expenses you actually paid out of pocket, not what insurance reimbursed. So you'd need to subtract that $2,000 from any potential deduction. Since you're not in a declared disaster area, casualty loss probably won't work. Your best bet might be documenting how the mold affected your office space specifically and trying for a partial business deduction. But honestly, for this amount and situation, getting professional advice (either through an IRS agent or tax professional) would be worth the investment to avoid potential audit headaches.
Has anyone considered whether this could be a capital improvement rather than a repair? If it increased your home's value, it would be added to your cost basis instead of being a direct deduction. Might help when you eventually sell the place.
Dominic Green
Regardless of how you file, make sure you're keeping good documentation about your move date and establishing residency in your new state. This can matter a lot for state tax purposes. I had a similar situation moving from NY to FL mid-year, and the documentation of when I established my new residence saved me a bunch on NY state taxes since they're so high there. Also, if you had any moving expenses related to starting a new job, those used to be deductible but that's changed with the tax law updates.
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Hannah Flores
ā¢Do students ever qualify for any special moving deductions or credits? I'm planning to move for my first job after graduation and wondering if I can deduct anything.
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Dominic Green
ā¢Unfortunately, moving expenses are no longer deductible for most people since the 2017 tax law changes. The only exception is for active-duty military members moving due to military orders. As a student starting your first job after graduation, you likely won't have any federal tax deductions for moving expenses. However, some states still allow moving expense deductions on their state returns. Also, if your new employer provides any relocation assistance, that's typically taxable income, but sometimes employers will "gross up" the payment to cover the tax impact.
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Kayla Jacobson
$600 seems way too high! I'm also a student and used FreeTaxUSA last year - it handled my multi-state situation for less than $50 total (federal was free, and each state was like $15-20). The multiple W-2s don't actually add complexity - the software handles that easily. The IRA withdrawal might be trickier, but the premium software options walk you through it step by step with questions about why you took the withdrawal to see if you qualify for penalty exceptions.
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William Rivera
ā¢FreeTaxUSA doesn't handle everything correctly tho. My gf used it last year and it messed up her education credits. She had to file an amendment. Sometimes paying more for a professional is worth it if they catch things software might miss.
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