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Ask the community...

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Zane Gray

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One thing to be careful about with Section 1231 gains is the "look back rule." If you had any 1231 losses in the previous 5 years, your current 1231 gains are treated as ordinary income to the extent of those prior losses. This could affect whether your full gain qualifies for OZ treatment. Also, remember that even though you can defer the tax until 2026, you'll eventually have to pay it. Make sure you'll have the liquidity to pay that tax bill when it comes due, since it's not forgiven - just deferred.

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Tasia Synder

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Thanks for bringing up the look-back rule - I hadn't considered that! I do have a small 1231 loss from a property I sold in 2023. So if I understand correctly, a portion of my current gain would be considered ordinary income rather than capital gain? Would that portion not be eligible for OZ investment?

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Zane Gray

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Yes, exactly. If you had a 1231 loss in 2023, a portion of your current 1231 gain would be recaptured as ordinary income to the extent of that previous loss. That recaptured portion would not be eligible for OZ investment, since OZ investments can only be made with capital gains. For example, if you had a $10,000 1231 loss in 2023 and now have a $50,000 1231 gain, $10,000 of your current gain would be treated as ordinary income and only the remaining $40,000 would be treated as capital gain eligible for OZ investment.

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Has anyone here actually invested in an OZ fund? I'm considering it but worried about limited options and high fees. Most of the funds I've looked at have 2% management fees plus performance fees, which seems high.

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I invested in an OZ fund after selling a small apartment building in 2022. The fees are definitely higher than typical investment funds, but remember you're getting tax benefits that can offset those costs. I went with a fund focused on multifamily development in emerging markets which aligned with my investment goals. Make sure you do due diligence on the fund manager's track record and understand the timeline - you need to hold for 10+ years to get the full tax benefits on appreciation. And be prepared for the tax bill in 2026 on your initial deferred gain.

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Schedule C, Fillable Forms & Self-Employment - Sanity Checks for Year 2 Filing (W2 + Business)

Hey fellow tax survivors! I'm in my second year using free fillable forms and my first year with a side business (while still working a W2 job), and I'm hoping for some validation on a few things. Just need to make sure I'm not screwing anything up royally. My situation: I've got regular W2 income from my day job, started a small business last year that's making some profit, have an HDHP with HSA contributions, and a bit of interest income from my savings. I've figured out my first question on my own (it was about Schedule SE Line 2 and Schedule K-1 Form 1065), but I'm still stuck on these: 2) On Form 8995A (Qualified Business Income Deduction), line 4 asks for "Allocable share of W-2 wages from the trade, business, or aggregation." I'm completely lost here. I understand it relates to the limit being "the lesser of 20% of total 1040 taxable income" from what I've read, but I'm not sure what to enter. My total 1040 taxable income? Just my business profit? (But that's not W2 income, right?) If I put 0, all the calculation lines show 0, which doesn't seem right based on what I know about the QBI deduction. Really confused about this one! 3) Based on my situation, here are the forms I think I need to file. Am I missing anything important? - Form 1040 (obviously) - Schedule 3 (for prepayments) - Form 8889 (for HSA) - Schedule B (for interest/bank bonuses) - Schedule C (business profit) - W-2 (employment income) - Form 8995A (QBI deduction) - Schedule SE (self-employment tax) Any help would be super appreciated! I'm trying to avoid making expensive mistakes.

Just wanted to add that if you're using Schedule C and Form 8995A, don't forget about the Section 199A deduction which is related to your Qualified Business Income. It's basically a 20% deduction on your net business income if you're below those income thresholds someone mentioned. Also, since you have HSA contributions with an HDHP, make absolutely sure you're maximizing that! For 2024, you can contribute up to $4,150 for individual coverage or $8,300 for family coverage (plus $1,000 catch-up if you're 55+). This is literally the best tax advantage available - it goes in pre-tax and comes out tax-free for medical expenses.

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Khalid Howes

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Thanks for the reminder about the Section 199A deduction! Is that handled automatically through Form 8995A or do I need to do something else to claim it? For the HSA, I'm contributing the maximum for individual coverage. One question though - if I switch to family coverage mid-year, can I contribute the full family amount or is it prorated?

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Form 8995A is specifically for calculating your Section 199A (Qualified Business Income) deduction, so no need to do anything additional. It flows automatically to your 1040. For HSA contributions after switching to family coverage mid-year, it gets a bit complicated. You can actually contribute the full family maximum ($8,300 for 2024) if you're still covered by a family HDHP on December 1st and remain covered for the full calendar year of 2025 (called the "last-month rule"). If you don't maintain coverage through December 2025, you'd need to prorate your contribution based on how many months you had each type of coverage.

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Kara Yoshida

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Don't forget that your self-employment tax (Schedule SE) is based on 92.35% of your net earnings from self-employment, not the full amount! This trips up a lot of first-timers. The reason is that employees only pay half of FICA taxes while employers pay the other half, but self-employed people pay both halves. The 7.65% reduction compensates for this. Also, you can deduct half of your self-employment tax on Schedule 1, line 15. This is an adjustment to income, so you get this deduction even if you don't itemize.

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Philip Cowan

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Just a quick correction - the SE tax is actually 15.3% (12.4% Social Security + 2.9% Medicare) on that 92.35% of net earnings, up to the Social Security wage base limit ($168,600 for 2024). Then 2.9% Medicare tax continues beyond that with no limit, plus an additional 0.9% for high earners. But your point about deducting half on Schedule 1 is super important - loads of people miss that and it's a significant deduction!

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Did you check the supplemental information that comes with the 1099-B? Sometimes Robinhood puts the crypto details in a separate section or additional pages. I had the same issue last year and found that they included all the crypto transaction details in what they call the "Consolidated 1099 Information" section rather than in the main form boxes.

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NeonNomad

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Yes! I just double-checked and found it in the supplemental pages! There's a whole separate section for "Proceeds from Broker and Barter Exchange Transactions" that has all the info I need, including acquisition date and cost basis. Thanks for pointing this out - I was only looking at the first page.

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Glad you found it! Robinhood's tax documents can be confusing because they combine different forms into one package. That supplemental section is actually the most important part for crypto transactions since it contains all the details you need for Form 8949. Just make sure you're using the correct acquisition dates since that determines whether it's long-term or short-term capital gains.

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Yara Khoury

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anyone else notice that robinhood sometimes gets the cost basis slightly wrong? i had to manually correct mine last year. check your transaction history in the app and compare it to what's on the form.

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Keisha Taylor

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Yep, happened to me too. The cost basis on my 1099-B was off by about $25 compared to what my actual purchase price was. I had to file a Form 8949 with code B to indicate the cost basis was reported incorrectly to the IRS.

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One thing nobody mentioned - if you're paying these artists through Venmo and then taking your cut, you might actually have "pass-through" income that's treated differently than your commission income. You really should separate these in your books. Let's say Artist gets paid $1000 from Platform, sends you the full $1000 via Venmo, and you keep $200 as your commission and send the artist $800. Your actual income is only $200, not the full $1000, but Venmo might report the full $1000 on your 1099-K. You need good records to show that $800 was pass-through money that isn't actually your income!

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StarSailor}

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This is really helpful - I hadn't thought about the pass-through issue. In my case, the artists are receiving payment directly from their platforms and then sending me my percentage (usually 15-20%). So if they make $1000, they'd send me $150-$200 via Venmo. Does that simplify things since I'm only receiving my commission portion?

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That definitely simplifies your situation! Since you're only receiving your commission portion directly, there's no pass-through income to worry about. The full amount you receive through Venmo is indeed your business income that should be reported on your Schedule C. Just make sure you're tracking each payment received with details on which artist it came from, what platform earnings it relates to, and the commission percentage applied. This documentation will help support your reported income if you're ever questioned. It's also smart business practice to send your artists an annual statement showing the total commissions they paid you, both for their records and yours.

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For your Thailand contractors, make sure you're not accidentally violating any treaty stuff! Some countries have specific tax treaties with the US that determine how payments to their citizens should be handled. This gets complicated fast - one reason why proper documentation is super important. Also worth checking if you need to report these payments on a separate form - sometimes Foreign Contractor payments have additional reporting requirements beyond just deducting them on Schedule C.

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Javier Torres

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This might be overkill for small payments though. I pay VAs in the Philippines less than $5k each per year and my accountant said as long as I have good documentation of the work performed and payments made, I don't need to worry about additional foreign reporting forms. Might depend on the dollar amount?

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Levi Parker

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One thing nobody's mentioned yet is the 330-day rule that's pretty critical in these cases. Canada doesn't just look at your ties but also at physical presence. If you're physically present in Canada for 183 days or more in the tax year, you're deemed a resident for tax purposes regardless of your ties. Since you moved in October and came back in December for your wedding, count those days carefully. Did you stay in Canada after the wedding for any length of time? Did you make any other trips back to Canada during that period? All those days count toward your physical presence test.

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That's helpful, thanks! I moved October 10th and was in the US until December 18th when we returned for the wedding. We stayed in Canada until January 2nd, so that's about 27 days total in Canada for 2024. Sounds like I should be well under the 183-day threshold. Do pre-move days count toward this calculation too? Like, I was obviously in Canada from January-October before moving.

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Levi Parker

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Yes, all days physically in Canada during the calendar year count toward the 183-day threshold, including January-October before your move. So you'd have roughly 9 months plus 27 days, which would put you over the 183-day threshold for 2024. However, this doesn't automatically make you a resident for the whole year. The CRA can recognize a change in residency status during the year. For people leaving Canada, they often consider you a part-year resident up to your departure date if you've legitimately established non-residency after that point. This is why your accountants are focusing on your ties after October, because they're trying to determine if you successfully established non-residency upon your departure.

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Libby Hassan

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Has anyone mentioned form NR73 yet? It's the CRA's determination of residency status form that you can submit to get an official ruling. I filled it out when I moved to Hong Kong for work while my husband temporarily stayed in Canada. The form asks detailed questions about all your residential ties - primary (spouse, home, dependents) and secondary (bank accounts, driver's license, health insurance, etc). The CRA reviews it and gives you a determination that you can rely on.

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I'd be careful with NR73. It can be helpful but it's also known to trigger extra scrutiny. My cross-border tax specialist advised against filing it unless absolutely necessary because it essentially puts you on CRA's radar and can lead to additional questions and reviews. Sometimes it's better to take a reasonable position based on your facts and circumstances and be prepared to defend it if questioned, rather than proactively asking for a determination.

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