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Have you considered doing a 1031 exchange? My accountant suggested this when I was in a somewhat similar situation last year. It might help defer some of the tax implications.
I'm not sure a 1031 exchange would work in my situation. Don't those only apply when you're selling one investment property and buying another? I'm not selling my home, just temporarily renting it out. And I'm not buying the hotel, just staying there temporarily.
You're absolutely right, and I apologize for the confusion. A 1031 exchange wouldn't apply in your situation since you're not selling property. It requires a sale of one investment property and purchase of another "like-kind" property. What might be more applicable in your case is to carefully track all legitimate rental expenses to offset as much of the income as possible - property tax portions, insurance, maintenance, depreciation during the rental period, etc. Those are definitely deductible against your rental income.
One thing nobody's mentioned - if you're only renting your home temporarily, you might consider a different approach. Instead of creating an LLC, you could structure this as a month-to-month arrangement with lower rent and just gift the difference between market rate and what you're charging. It could potentially simplify the tax situation.
Careful with that approach. The IRS can recharacterize arrangements if they appear to be structured mainly to avoid taxes. If the market rate is $2,000 but you charge $1,000 and call the rest a "gift," that could potentially raise flags.
One thing to watch out for with the AOTC - make sure your cousin is actually eligible based on income! The credit starts phasing out at $80,000 modified AGI for single filers ($160,000 for married filing jointly) and goes away completely at $90,000 ($180,000 for MFJ). Also, don't forget that 40% of the AOTC can be refundable (up to $1,000), which is great for students who don't have much tax liability. That's a huge advantage over the Lifetime Learning Credit.
Thanks for bringing that up! My cousin only made about $15,200 from his part-time job last year, so I don't think the income limits will be an issue. The refundable portion is great news though - that extra $1,000 would help him a lot with next semester's expenses! Question though - does he need to be claimed as my dependent to get the AOTC, or can he file independently and claim it himself?
No, he doesn't need to be your dependent to claim the AOTC himself. If he's not a dependent on anyone's return, he can claim his own AOTC on his tax return based on qualified education expenses that he paid. However, if someone else (like his parents) claims him as a dependent, then they would be the ones eligible to claim the AOTC based on education expenses they paid. The student can't claim education credits for expenses that were paid by others or covered by tax-free scholarships. In your case, if he's filing his own return and paid his own education expenses (or took out loans in his name), he should claim the credit himself. If his parents paid some expenses, they might be able to claim a portion of the credit if they claim him as a dependent.
I work in my university's financial aid office, and I see students miss out on the AOTC all the time! Make sure you keep receipts for ALL required materials for courses - not just textbooks. Lab supplies, special software, art materials, etc. can all qualify if they're required for courses. Also, if adjusting which expenses were covered by scholarships helps maximize the credit, you can do that! The IRS doesn't dictate which expenses scholarships must apply to first.
Wait really?? So if my scholarship was $5000 and I had $4000 in tuition and $3000 in room/board, I could choose to apply the scholarship to room/board first to maximize my qualified expenses for AOTC?
One thing nobody has mentioned yet - be careful with timing on this. The IRS recently announced they're implementing a moratorium on processing new ERTC claims starting September 14, 2023, due to concerns about fraud. They're going to be more closely scrutinizing claims going forward. This doesn't mean legitimate claims won't be processed, but there may be additional delays and verification steps. If your parents clearly qualify (and it sounds like they do), you should still proceed, but just be prepared for potentially longer processing times.
Thanks for that info - I hadn't heard about the moratorium! Do you know if that affects claims that have already been submitted or just new ones going forward?
The moratorium primarily affects new claims submitted after September 14, 2023. Claims already in the system before that date should continue to be processed, though possibly with additional scrutiny. The IRS has also stated they're prioritizing processing the backlog of previously submitted claims, so in some ways, if you already have a claim in the system, this might actually be good news as they focus resources on clearing existing claims before accepting new ones. If you haven't submitted yet, I'd recommend getting your documentation very thoroughly organized before filing.
Just a word of warning about doing this yourself - I tried to DIY my ERTC claim for my small shop and accidentally claimed some wages that had been covered by PPP forgiveness. Ended up having to refile and it created a huge mess. If you do this yourself, be SUPER careful about tracking which wages were paid with PPP funds vs which ones are eligible for ERTC.
What tax software is everyone using for their Airbnb properties? I tried TurboTax last year and it was a nightmare trying to figure out where to enter everything.
Im in the same boat as u! My cousin said i dont have to pay taxes on my cabin rentals if i reinvest all the profit back into the property... is that true?? ive made like 23,000 this year and spent maybe 15,000 on renovations and new furniture.
That's not accurate - reinvesting profits doesn't make the income tax-free. You still need to report all income from your rental. The renovations and furniture aren't fully deductible in the year you buy them either - they need to be depreciated over several years (typically 5-7 years for furniture and 27.5 years for home improvements). You can deduct normal operating expenses like cleaning, utilities, and supplies in full for the current year, but capital improvements have to be depreciated according to IRS schedules. You're still taxed on your net income even if you're using that money to improve the property.
Arnav Bengali
So weird seeing all this back and forth about S Corps and computers when the answer is pretty straightforward. I've been doing this for 12 years with my business: 1) Under $2,500 per item = use de minimis safe harbor (immediate expense) 2) Over $2,500 = either Section 179 or regular depreciation depending on your tax situation Don't overcomplicate it! Just make sure you keep receipts showing the computer and monitor were purchased separately if their individual prices matter for the threshold.
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Sayid Hassan
ā¢What about the "related purchases" rule though? I've heard the IRS sometimes combines items that go together if they're purchased close in time. Wouldn't they see the computer and monitor as one unit?
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Arnav Bengali
ā¢The "related purchases" concern is valid, but it depends on the specific facts and circumstances. If items function independently, they're typically treated as separate. A monitor can work with many different computers, so it's reasonable to treat them as separate assets. Just document that they were purchased separately and have different useful lives. The monitor might last through several computer upgrades. Also, if you purchased from different vendors or on different dates, that strengthens your case for treating them as separate items.
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Rachel Tao
anyone else notice that the tax rules are completely different depending on who you talk to?? my cpa told me computers always have to be depreciated over 5 yrs, my business partner's says section 179 is always best, then there's this de minimis thing i never heard of. feels like we're all just guessing and hoping we don't get audited lol
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Derek Olson
ā¢That's because different tax strategies work better for different business situations. Section 179 is great if you're profitable and want to reduce taxable income now. Depreciation might be better if you expect higher profits in future years. De minimis is just an administrative convenience for smaller purchases.
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