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Ask the community...

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One thing nobody has mentioned yet - have you considered forming an LLC to hold the property? My partner and I did this when we bought our home together. The LLC holds the title, we each own 50% of the LLC, and we have an operating agreement that specifies all the details about payments, what happens if we break up, etc. This approach has some advantages with liability protection and makes the tax situation cleaner in some ways. But there are setup costs and annual fees to maintain the LLC, so it might not be worth it depending on your situation.

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Wouldn't using an LLC mean losing the mortgage interest deduction? I thought you could only deduct mortgage interest on your primary residence if you personally own it, not if it's owned by an LLC?

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You're right to question this - an LLC typically would cause you to lose the mortgage interest deduction for a personal residence. What we actually did was create a partnership agreement rather than a full LLC (I simplified in my original comment). The partnership agreement gives us similar protections in terms of clearly defining ownership and responsibilities, but allows the property to remain in our personal names for tax purposes. This way we each get to deduct our portion of the mortgage interest while having clear documentation of our arrangement. Tax rules around entity structures can get complicated, so definitely consult with a tax professional before going this route.

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Has anyone mentioned gift tax issues yet? My partner and I ran into this when we bought together. If one person is making substantially larger payments toward the mortgage than their ownership percentage, the IRS might consider the excess amount a gift, which could have gift tax implications.

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I don't think that's correct. The annual gift tax exclusion is $17,000 per person for 2023 (probably higher for 2025), and it's only an issue if you exceed that amount. Plus, you'd have to file a gift tax return but probably wouldn't owe any actual tax unless you've used up your lifetime exemption, which is over $12 million.

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Benjamin Kim

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Don't forget you might need to pay state taxes on that unreported income too! The IRS typically shares this information with your state tax authority, so you might get a similar notice from them in a few months.

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This is a really good point. My brother ignored the state notice after resolving the federal one and ended up with state penalties that were worse than the federal ones.

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Make sure you respond by the deadline even if you don't have all your documentation yet! You can send a partial response explaining that additional documentation is coming. If you miss the deadline without any response, they may assess the full tax amount automatically. I had a CP2000 for unreported stock sales last year, and the key was keeping communication open with the IRS. They're actually pretty reasonable if you're responsive and can explain your situation.

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Lucy Lam

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That's really helpful, thanks! If I tell them I'm waiting on more documentation, do you know approximately how much extra time they typically give?

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In my experience, they usually give an additional 30 days if you ask for an extension and explain why. Be very specific about what documents you're waiting for and when you expect to receive them. I included a line in my response letter that said "I am awaiting final documentation from XYZ Casino which they have confirmed will be sent by [specific date]. I respectfully request an extension until [date + 1 week] to provide this final documentation." They approved my extension request without any issues. The key is being specific rather than vague about what you're waiting for and when it will arrive.

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TechNinja

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I went through a similar situation last year. For 2021-2023, most current software works fine, but for 2017-2020, I had to get creative. I ended up using a combination of approaches: - For 2021-2023: Used current version of FreeTaxUSA (their premium version handles Schedule C well) - For 2018-2020: Found prior year versions of TaxAct Business - For 2017: Had to use an accountant since it was so old One tip: before you start, download all your bank statements for those years and create a simple spreadsheet to track income and expenses by category for each year. Makes the actual tax prep go much faster.

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How much did TaxAct charge for each prior year? And did you have any issues with the 2017 filing from the accountant?

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TechNinja

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TaxAct charged around $60-70 per year for their business editions when I used them, though prices may have changed. I found it reasonable considering the alternatives. For the 2017 return, the accountant charged me $350, which was actually less than I expected. There weren't any issues with the filing itself, but they discovered I had been calculating depreciation incorrectly on some equipment, which affected the subsequent years. This meant I had to make some adjustments to my 2018-2020 returns as well. If you have depreciating assets, make sure you're tracking them consistently across all tax years - that's something the software won't necessarily flag for you.

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Quick question - has anyone tried UltraTax for old business returns? My friend recommended it but it seems expensive.

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UltraTax is professional-grade software used mostly by accounting firms, not really meant for individuals. For DIY, stick with TaxAct, TaxSlayer or H&R Block's prior year versions as others suggested. Much more user-friendly and way cheaper.

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One "loophole" that's actually legitimate is setting up a Solo 401k with mega backdoor Roth capabilities. I contribute $22,500 as employee deferral, then my S corp contributes up to 25% of my salary as employer contribution, AND I can make after-tax contributions that immediately convert to Roth. Totally legit strategy that lets me put away over $60k/year in tax-advantaged accounts. Also, don't overlook that you can potentially deduct 20% of your qualified business income through the QBI deduction, though phase-outs start at higher income levels.

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Rajiv Kumar

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Can you explain more about the mega backdoor Roth through an S corp? My accountant mentioned this but didn't explain how it actually works with the S corp structure specifically.

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Sure thing. The key is setting up your Solo 401k plan with the right provisions. Your plan needs to specifically allow for both after-tax contributions (beyond the normal $22,500 employee limit) and in-plan Roth conversions. With an S corp, you wear two hats - employee and employer. As employee, you contribute up to the standard limit ($22,500 for 2023, plus catch-up if over 50). As employer, your S corp can contribute up to 25% of your W-2 wages. Then, if your plan allows it, you can make additional after-tax contributions up to the total annual limit ($66,000 for 2023 combining all sources), then immediately convert those after-tax dollars to Roth. This gives you way more Roth conversion potential than just the standard backdoor Roth IRA.

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Don't forget about the home office deduction! I write off 22% of my home expenses (based on square footage) including utilities, internet, mortgage interest, property taxes, and even depreciation. You do need a space used "regularly and exclusively" for business, but if you have that, it's totally legit and can save thousands. My S corp also pays for my cell phone (I document business use at 80%), internet (70% business), and even streaming services I use for research. The key is proper documentation - keep a log of business use percentage.

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Does your S corp pay for these directly, or do you pay personally and get reimbursed? I've heard conflicting advice on the best approach.

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One thing nobody's mentioned yet: Check your last paystub of the year! It should break down your total compensation, and you can see if the reimbursements were included in your taxable income or not. If the reimbursements were paid under an Accountable Plan, they would typically be listed separately from your wages on your paystub. Your W-2 Box 1 (wages) shouldn't include those reimbursement amounts. If you see that your W-2 Box 1 matches your total wages WITHOUT the reimbursements, then you're good - they weren't taxed and were properly handled as non-taxable business expense reimbursements.

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Nia Jackson

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Thanks for the suggestion! I just dug up my final paystub and compared it to my W-2. The reimbursements don't appear to be included in my W-2 Box 1 amount, which I guess means they were handled correctly as non-taxable. That's a huge relief! Do you think I should still try to get some kind of documentation from the employer stating it was an Accountable Plan for my records? I'm always nervous about potential audits.

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That's great news! If the reimbursements weren't included in your W-2 Box 1 wages, then your employer definitely treated them as non-taxable reimbursements under an Accountable Plan. While it's not strictly necessary, it never hurts to have additional documentation. If you can get a simple statement from your former employer confirming their reimbursement system meets the Accountable Plan requirements, it would be good to keep with your tax records. However, the fact that they didn't include these amounts in your taxable income already indicates they considered their plan to be an Accountable Plan. For extra peace of mind, keep any emails or documents you have related to their reimbursement policy, even if they're just instructions on how to use the system. These can help demonstrate the business purpose and accountability requirements if questions ever arise.

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Jamal Wilson

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Don't forget to look at any 1099s you might have received if you were a contractor rather than an employee. Sometimes these travel reimbursements get handled differently for contractors.

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Mei Lin

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This is a really important point! When I worked as a healthcare contractor, my agency just lumped all my reimbursements into my 1099-NEC, which meant I had to pay taxes on them initially. I had to file Schedule C and deduct the business expenses myself. Cost me a bunch in self-employment taxes I shouldn't have had to pay.

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