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Has anyone dealt with a situation where the property value was LESS than the remaining loan amount? My uncle left me his house but it's underwater compared to the loan I gave him. Does that change the tax situation at all or is it still considered a merger with no COD income?
I had a similar underwater property situation. In my case, my tax advisor explained that there's still no cancellation of debt income because of the merger doctrine, but I had to adjust my basis in the property down to its fair market value at the time of inheritance. So if you loaned $300k, but the property was only worth $250k when you inherited it, your basis would be $250k, not the loan amount. The $50k difference isn't treated as COD income but essentially gets "lost" in the transaction. At least that's how it worked for me - definitely check with a professional for your specific situation.
Thanks for sharing your experience! That makes sense about adjusting the basis to fair market value rather than the loan amount. I'll definitely verify with my tax person, but it's reassuring to hear about a similar situation.
Random question - would the answer change if the promissory note was held by a trust rather than an individual? My situation involves a family trust that made the loan, and now the property is coming back to the trust through inheritance when the borrower died.
That's an interesting variation. With trusts, it depends on whether it's a grantor trust or non-grantor trust. If it's a grantor trust where you're both the grantor and the beneficiary, the merger principle would likely still apply similarly to individual ownership. If it's a non-grantor trust with multiple beneficiaries, the analysis becomes more complex because you don't have complete identity between the lender and new property owner. In that case, there could potentially be some cancellation of debt considerations depending on how the trust is structured and who the beneficiaries are.
One important thing nobody has mentioned yet - make sure you have a session-by-session record of your gambling, not just an annual summary. The IRS technically requires you to document your gambling activity by session (meaning each time you visited the casino, not just your annual totals). I recommend creating a spreadsheet with dates, locations, types of gambling, amounts wagered, winnings, and losses for each visit. This level of detail really helps during an audit. Your players club records will help, but they don't always capture everything, especially if you gambled at multiple casinos or did any sports betting.
This is really helpful info. Do you know if there's a specific IRS form or format they prefer for documenting gambling sessions? I have most of this info in my records but not organized in any special way.
There's no specific IRS form for documenting your gambling sessions. The key is consistency and detail. I use a simple spreadsheet with columns for: Date, Casino/Location, Type of Gambling (slots, poker, sports betting, etc.), Amount Wagered, Amount Won, Amount Lost, and Net Gain/Loss for the session. Make sure to include those big jackpots that generated W-2Gs, noting them specifically in your records. The more your documentation aligns with the W-2Gs the IRS received, the more credible your overall record keeping will appear. Also include any supporting documentation like hotel folios if you traveled to gamble, ATM receipts showing withdrawals at casinos, and credit card statements showing casino charges. The goal is to create a comprehensive picture of your gambling activity that explains both the reported winnings and your overall losses.
Just a heads up - the rules are different for professional gamblers vs. recreational gamblers. If gambling is your primary occupation and source of income, you'd report it differently on Schedule C instead of Schedule A, and you wouldn't face the same limitations on deducting losses. But be careful claiming to be a professional gambler! The IRS has strict criteria and will scrutinize this closely. You need to be able to prove you approach gambling as a business with the intention of making a profit, keep extremely detailed records, and spend substantial time gambling (like it's your job).
Have you considered a virtual bookkeeper instead of a CPA for ongoing support? I use a bookkeeper monthly for my rentals and side business (about $150/month), then only consult with a CPA quarterly for tax planning (about $200/quarter). Saves me a ton of money compared to paying CPA rates for basic bookkeeping questions.
I hadn't thought about splitting the services like that! Do you find that the bookkeeper is knowledgeable enough about tax matters to help you categorize expenses properly? And how did you find a good virtual bookkeeper?
My bookkeeper is definitely knowledgeable about proper expense categorization for tax purposes - that's actually one of the main benefits. She ensures everything is tagged correctly throughout the year so tax filing is much simpler. She also helps identify potential deductions I might have missed. I found my virtual bookkeeper through the QuickBooks ProAdvisor directory. Look for someone who has experience specifically with rental properties and small businesses. I interviewed three before choosing one, asking specific questions about their familiarity with Schedule E, home office deductions, and vehicle expense tracking. The right bookkeeper can save you money not just on CPA fees but on taxes too by keeping meticulous records.
Whatever you do, don't just pick a random "tax professional" from social media ads. I made that mistake last year and ended up with someone who claimed to be a CPA but actually wasn't licensed. Cost me $350 for advice that turned out to be completely wrong about rental property depreciation.
One thing nobody has mentioned yet - make sure you're responding to the CORRECT address. The return address on the notice itself isn't always where you should send your response. Look for specific instructions within the notice that will tell you exactly where to mail your response. Also, just to add to what others have said, I'd recommend including the following in your response package: 1. A cover letter explaining the situation clearly 2. A copy of the CP2100A notice 3. Copies of ALL versions of the 1099-NEC you have (but never send originals) 4. Your contact information including a daytime phone number
Thanks for this advice! I just checked my notice again and you're right - there's actually a specific address listed in the instructions section that's different from the return address. Would have totally missed that.
Glad you caught that! It's one of those details that's easy to miss but can make a big difference in how quickly your response gets processed. The other thing I forgot to mention is to make sure you keep the certified mail receipt and tracking information for at least a year. I've had situations where the IRS claimed they never received something, and having that proof of delivery saved me from some serious headaches.
Has anyone successfully resolved a CP2100A without calling or using special services? I mailed my response with documentation two months ago for a similar issue and haven't heard anything back. Getting worried they lost my response or are ignoring it.
I resolved mine by mail only last year, but it took almost 3 months to get their confirmation letter. As long as you have proof you mailed it (certified mail), you should be fine. They're just incredibly slow with paper processing.
Kaiya Rivera
One thing nobody's mentioned yet is that you might qualify for the Earned Income Tax Credit, especially as a single parent with a toddler. The income thresholds for EITC with a qualifying child are pretty generous and could offset some of your tax liability. Also, look into the Child Tax Credit. For 2025, it's worth up to $2,000 per qualifying child under 17. There's also the Child and Dependent Care Credit if you're paying for childcare while you work. These credits can make a huge difference for self-employed parents!
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Evelyn Martinez
ā¢I had no idea I might qualify for those credits! Do they apply even if I'm self-employed? And how do they interact with the self-employment tax?
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Kaiya Rivera
ā¢Yes, they absolutely apply to self-employed people! Self-employment income is earned income, so it counts for the EITC calculation. The Child Tax Credit and Child and Dependent Care Credit are available regardless of how you earn your income. These credits don't reduce your self-employment tax directly, but they reduce your overall tax bill. The EITC is even refundable, meaning you can get money back even if you don't owe income tax (though you'd still owe the SE tax).
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Katherine Ziminski
Have you considered making S-Corp election? Once you get to around $40-50k in profit, it can save you thousands in SE tax. You'd pay yourself a reasonable salary subject to FICA, but take the rest as distributions which aren't subject to SE tax. It's more paperwork and you need to run payroll, but the tax savings can be substantial. Not worth it at your current income level probably, but something to consider if your business grows.
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Noah Irving
ā¢My accountant advised against S-Corp until hitting at least $80k in profit consistently because the added costs of payroll services and additional tax forms can eat up the savings at lower income levels. Worth getting professional advice on this one!
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