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One thing nobody's mentioned yet - the timing requirements for a 1031 exchange are super strict. You have 45 days to identify potential replacement properties and 180 days to close on the new property. If you miss either deadline, the whole exchange fails and becomes taxable. Also, you need to use a Qualified Intermediary to handle the funds - you can never touch the money yourself during the exchange or it becomes taxable. The QI will hold the proceeds from your sale and use them to purchase the replacement property. Given your multiple property strategy, you really need to map out the exact timing of each transaction to make sure everything qualifies as you expect.
Do you have any recommendations for a good Qualified Intermediary? Also, can you partially do a 1031? Like if I sell for $700k but only want to reinvest $500k, can I just pay taxes on the $200k difference?
I've used IPX1031 for my exchanges and they were very professional, but there are many reputable QIs out there. I'd suggest asking your real estate agent or attorney for local recommendations since you'll want someone familiar with your state's requirements. Yes, you can absolutely do a partial 1031 exchange. If you sell for $700k and only reinvest $500k, you'd pay taxes on the $200k difference (called "boot" in 1031 terminology). Just be aware that the mortgage rules get a bit tricky - if your debt goes down too much in the exchange, that reduction in debt can also be considered boot. So if you had a $400k mortgage on the old property but only get a $200k mortgage on the new one, that $200k reduction in debt might be taxable as well.
I went through almost this exact scenario last year. One thing to consider is that the "non-qualified use" rules have an important exception: periods where the property was used as a rental AFTER it was your primary residence don't count as "non-qualified use." But in your case, since you're going from rentalβrentalβprimary, the gains from the original property would still be fully taxable when you eventually sell, regardless of how long you live there. The strategy that worked better for me was moving into my rental for 2 years FIRST, then doing the 1031 exchange from my new primary into another property that I then rented out. Different sequence, but much better tax outcome.
Thanks for sharing your experience! So if I understand correctly, it would be better tax-wise to: 1. Move into my current rental for 2+ years 2. Sell it as a primary residence (getting partial exclusion based on % of personal use) 3. Then do a 1031 on the taxable portion into a new rental property? That's an interesting approach I hadn't considered. Would definitely save on transaction costs too since I'd only be selling two properties instead of three in my original plan.
Yes, that's exactly right! By moving into your rental first, you establish it as a primary residence. Then when you sell, you can take the $250k exclusion on the portion of appreciation allocated to your personal use (based on time). The remaining portion (from the rental period) would still be taxable, but that's where you can use the 1031 exchange to defer those taxes by rolling that portion into a new investment property. This approach is much cleaner tax-wise and as you noted, reduces your transaction costs significantly. Just make sure you keep very clear records of when the property usage changed and get a good appraisal at the time you convert it from rental to primary to establish the value at conversion.
Your client should look at the actual employment tax burden versus total tips. While they can't use Form 8846, they could potentially adjust their business model. Some businesses are moving to service charges instead of tips (which are technically different for tax purposes). There can be advantages from a business accounting perspective. Another option is to restructure compensation entirely. If tips are consistently 10%, they could potentially incorporate that into pricing and then pay higher wages instead. This changes the customer experience but can simplify accounting and might have tax advantages depending on their specific situation.
Thanks for this suggestion! My client actually did consider switching to a service charge model. Do you know if there are any specific records or documentation they would need to maintain if they went this route? And would this still allow the employees to receive similar compensation?
For service charges, they would need clear documentation showing these are mandatory fees rather than discretionary tips. This typically means updating all marketing materials, customer receipts, and internal accounting practices to clearly categorize these as service charges. Employees can absolutely receive similar compensation through service charges, but the key difference is that these would be classified as regular wages rather than tips. This gives the employer more control over distribution but also means the full amount is subject to payroll taxes upfront. Many employers who make this switch set up a clear distribution formula so staff understands exactly how service charges are allocated.
Has your client considered automated tip processing systems? We use a POS integration that automatically handles tip reporting and tax calculation, which cut our administrative costs significantly. We're a salon, so we're in the same boat - no access to Form 8846 but still dealing with all the tip processing expenses.
I had a similar issue and found out it was because I had moved during that time period and the IRS was sending notices to my old address. Once I updated my address with them, I received letters about minor adjustments they'd made to my returns from those years. Check if you've moved or changed contact info!
I haven't moved in the last 5 years, so that's not the issue in my case. Did they eventually update the status in your online account, or did it stay as "received but not approved" even after resolving whatever issues they found?
My online account actually never updated to show "approved" even after everything was resolved. The IRS rep I eventually spoke with said their online system often doesn't update that status field properly, especially for returns where you owe instead of getting a refund. They focus their system updates on refund cases. What ultimately mattered was that I had confirmation from the IRS that everything was processed completely. If you haven't received any notices requesting additional information or payment, you're probably fine despite what the online status shows.
Does anyone know if this affects your ability to get loans? I'm trying to buy a house and the mortgage company is asking for tax transcripts. Will this "received but not approved" status cause problems with that?
You should be fine for mortgage purposes. What lenders care about is the tax transcript itself, not the status shown in your online account. You can request your tax transcripts directly through the IRS website or through your lender, and these will show your income history accurately even if your online account shows "received but not approved.
I'm a tax preparer (not an accountant, just do this seasonally) and I see this ALL THE TIME with people who switch from self-prepared returns to professional preparation. The estimated tax penalty (Form 2210) is one of those things that many tax software packages don't handle well for average users. The way it works: if you owe more than $1,000 when you file AND didn't pay at least 90% of your tax during the year (or 100% of last year's tax if that's higher), you're supposed to pay a penalty. Most software will calculate this if the numbers are obvious, but many people don't enter their payment information correctly or the software doesn't prompt properly. If the IRS never caught it, you got lucky! But your accountant is correct to include it. They're not making you pay "more than you have to" - they're making you pay what the tax code actually requires.
Thanks for explaining this! Do you think I should go back and amend my previous returns to add this penalty, or just start including it going forward now that I know?
I generally wouldn't recommend amending prior returns just to add an estimated tax penalty if the IRS hasn't noticed it. The statute of limitations for most issues is 3 years from filing, so older returns are likely closed anyway. Going forward, your best approach would be working with your accountant to either increase your withholding at your job (if you have W-2 income) or make quarterly estimated payments if you have significant 1099 income. Proper planning eliminates the penalty entirely, which is better than calculating it correctly! The penalty is meant to incentivize paying throughout the year rather than all at filing time.
My experience is that different tax software handles Line 38 very differently. After using FreeTaxUSA for years, I switched to TaxAct and suddenly had an estimated tax penalty where FreeTaxUSA never showed one. Then switched to an accountant who calculated it yet another way. The trick is Form 2210 which calculates the penalty has different methods that can be used. Some software automatically uses the "short method" which might not apply the penalty in certain cases, while accountants often use the regular method which is more accurate but can result in higher penalties.
Oscar O'Neil
The IRS EITC Assistant is actually pretty good if you input everything correctly. Make sure you're counting all sources of earned income (W-2 jobs plus net self-employment) but separating out any unearned income like investments or unemployment. Don't get tripped up by the investment income limit question - that's asking about interests, dividends, and capital gains, not your 401k or IRA.
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Sara Hellquiem
β’I found the opposite - the tool kept giving me different answers based on how I entered basically the same information. Ended up just using TurboTax which made it much clearer.
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Tony Brooks
Is anyone else having issues with the EITC assistant tool crashing? I tried using it on Chrome and Firefox and it keeps freezing up when I get to the income section. Not sure if it's just me or if the IRS website is having problems.
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Ella rollingthunder87
β’Try using Microsoft Edge or Safari instead. I had the same issue and switching browsers fixed it. Also make sure you're not using any adblockers or privacy extensions when on the IRS site - those sometimes interfere with their tools.
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