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One thing to consider OP - I think you might still be able to claim the Recovery Rebate Credit for the stimulus payments you missed, but you'd need to file the appropriate year's tax return. The first two stimulus payments were for tax year 2020 (filed in 2021) and the third was for tax year 2021 (filed in 2022). You can still file those returns since they're within the 3-year window! So while your 2018 refund is unfortunately gone, you might be able to get those stimulus payments by filing 2020 and 2021 returns ASAP.
Ok this is at least some good news! Do you know roughly how much the stimulus payments were? And do I need any special documentation to claim them now?
The stimulus payments totaled $3,200 per eligible adult - $1,200 for the first payment, $600 for the second payment, and $1,400 for the third payment. There were additional amounts for dependents too. You don't need any special documentation beyond what you'd normally include with your tax return. When you file, you'll just need to complete the Recovery Rebate Credit section where you'll indicate that you didn't receive the payments previously. Most tax software will walk you through this with a series of questions about which payments you received.
Just an FYI - while you can't get your 2018 refund anymore, you should still file that return anyway if you're going to file for later years. Having gaps in your filing history can trigger additional scrutiny, and having a complete record helps establish your overall tax situation more clearly.
Former IRS employee here. A lot of good advice already, but I want to add something important: request wage and income transcripts from the IRS. Even though your employer gave you your W2 late, they likely submitted the information to the IRS on time. You can request these transcripts online at irs.gov/transcripts, and they'll show all reported income from your employer. This can sometimes help if there are any discrepancies between what your employer finally sent you and what they reported to the IRS. Also, if you do owe, make sure to pay as much as you can now even before filing if possible. The failure-to-pay penalties are separate from failure-to-file and continue to accumulate.
This is super helpful, thank you! I didn't even know I could check what my employer reported to the IRS. Do these transcripts become available pretty quickly after employers submit them, or is there a delay? If my W2 just got generated recently, would it even show up there yet?
The wage and income transcripts are usually available by late May or June for the previous tax year, but there can be some lag time. If your employer truly just submitted your information recently, it might not show up yet. However, most employers submit their W2 information by the end of January, even if they're slow in getting the actual forms to employees. It's always worth checking - you might be surprised to find your information has been there all along, which could potentially strengthen your case about employer negligence for the penalty abatement request.
Just want to add something important that no one has mentioned yet. You should fill out Form 4852 (Substitute for Form W-2) and attach it to your return. This form is specifically for situations where your employer didn't provide a W-2 or provided an incorrect one. Even though you have your W-2 now, filing with the 4852 helps document that it was received late. Make sure to check box 7a which states "I have tried to obtain Form W-2 from my employer or payer with no success." This creates an official record of the issue and can help with penalty abatement requests.
I don't think this advice is correct. Form 4852 is only if you NEVER received your W-2 or if it's incorrect. Since OP has the W-2 now, even though it's late, they should use the actual W-2 for filing, not the substitute form.
Something nobody's mentioned yet - make sure you're tracking your mileage for any travel related to the property! Every trip to check on renovations, meet contractors, collect rent, purchase supplies, etc. can be deductible. I use an app to track mine automatically and it added up to a substantial deduction last year for my rental properties. Also, don't forget about home office deduction if you use part of your home exclusively for managing the rental business. It's often overlooked but can be worthwhile.
Do you have a specific mileage tracking app you recommend? And for the home office thing - is that still beneficial if we have an LLC? Does each partner get to claim their own home office or just one of us?
I personally use MileIQ, but there are several good ones like Everlance or Stride. Just make sure it logs your starting/ending points and lets you categorize trips. For the home office deduction, yes, it's still beneficial with an LLC since the LLC income passes through to your personal returns. Each partner can potentially claim their own home office deduction if they each use space in their respective homes exclusively for managing the rental business. The key word is "exclusively" - the space can't be used for anything else. The deduction would be proportional to your ownership percentage in the LLC.
Has anyone used TurboTax for reporting rental property income with partners? Their interface is confusing me for partnership K-1 entries and I'm not sure if I should be entering the property info in both mine and my partner's returns or just on the partnership return.
Honestly, TurboTax is awful for complex situations like rental properties with partners. I switched to H&R Block's premium version and it walks you through the partnership stuff MUCH better. You'll enter the partnership info on Form 1065, which generates K-1s, then each partner enters their K-1 info on their personal returns.
Just wanted to share what I learned when I had a discrimination settlement a couple years ago. If your settlement paperwork doesn't clearly specify what portion is for emotional distress vs other damages, you might want to go back to your attorney and ask for a more detailed breakdown. The IRS can be picky about this, and having documentation that explicitly states "X amount for emotional distress damages" can be super helpful if you get questioned later. In my case, my attorney drafted a letter breaking down the settlement components, which I kept with my tax records. Also, don't forget to check state tax implications too. Texas has no state income tax, but if you moved recently or worked in another state, there might be state tax considerations as well.
Thanks for that advice! My settlement papers do actually specify that the entire amount is for "emotional distress damages" and not for lost wages or punitive damages, so that's helpful. I hadn't thought about keeping extra documentation from my attorney though. Would it be helpful to get a specific letter about the tax treatment, or is the settlement agreement itself sufficient?
The settlement agreement should be sufficient if it clearly states the damages are for emotional distress. However, having a supplementary letter from your attorney that specifically addresses the tax treatment can be helpful if you're ever audited. I'd recommend asking your attorney for a brief letter confirming that the settlement represents compensation for emotional distress and not for lost wages or punitive damages. If possible, have them reference any relevant tax code sections that apply to your situation. Keep this letter with your tax records for at least seven years (the typical IRS audit window for most situations).
I think you might be overthinking this. I've received settlements before and just reported them on the "other income" line with a brief description. Never had an issue. The most important thing is to make sure you have documentation of everything in case you get audited. Keep the settlement agreement, correspondence with your attorney about tax treatment, and records of the payments/attorney fees. Also, consider using tax software like TurboTax or H&R Block for this year since they have specific interview questions about settlements and can guide you through the correct reporting.
This is bad advice. Different types of settlements have very different tax treatments. Personal physical injury settlements are tax-free. Emotional distress settlements are taxable but not subject to self-employment tax. Lost wages are taxable as regular income. Punitive damages are taxable as ordinary income. Just putting it on "other income" without properly documenting and reporting each component could lead to paying too much in taxes or, worse, an audit. The specific instructions from the expert in Comment 1 are much more accurate.
You're right that different settlements have different tax treatments. I should have been clearer - I meant the OP should report it as "other income" and specifically label it as "emotional distress settlement" as the expert suggested, not just lump it in with random miscellaneous income. My main point was that tax software can be helpful for situations like this. TurboTax Premium, for example, has specific sections for reporting legal settlements and will guide you through the correct forms and line items based on the type of settlement. It also helps you properly deduct attorney fees in these situations. I didn't mean to suggest taking a casual approach to the documentation - keeping all records is absolutely essential.
Michael Green
A tax tip most people miss: if you're going to make a mixed trip like this, consider structuring your travels to make more of the mileage qualify as business. For example, if you're already in Albuquerque, see if there are any potential clients, suppliers, or business opportunities you could pursue there before heading to San Diego. If you can document legitimate business purposes for contacts in New Mexico, you might be able to convert what would have been purely personal mileage into partially business mileage. Just make sure you document everything thoroughly - names, dates, business purpose, etc.
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Ryan Kim
β’That's actually brilliant - I never thought about finding potential business opportunities in Albuquerque! I work in software development consulting and there might actually be some tech companies there I could connect with. How detailed do my records need to be for this to count? Would emails setting up meetings be sufficient documentation?
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Michael Green
β’Emails setting up meetings would be excellent documentation. You want to establish both your intention to conduct business and that actual business activities took place. Save those emails, take notes during the meetings, keep any business cards you collect, and record all mileage specifically related to these business activities. If you end up gaining any clients or doing future work based on these connections, that strengthens your case even more. Just remember that the primary purpose of the Albuquerque portion still needs to be business for those miles to count, so make sure you're spending more time on business activities than personal ones while there.
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Mateo Silva
I'm confused about something - if I'm on a pure business trip but I stop for dinner or to see a tourist attraction, does that somehow disqualify those miles? Like if I drive from Sacramento to San Diego for business, but take a 30-mile detour to see something cool, how do I calculate that?
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Victoria Jones
β’The 30-mile detour to see a tourist attraction would be personal miles and not deductible. However, the direct business route from Sacramento to San Diego would still be fully deductible. Think of it as drawing a line on the map - the most direct reasonable route for business is deductible, any detours for personal reasons are not. Stopping for meals during business travel doesn't disqualify your miles though - that's considered a necessary part of business travel.
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