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Don't forget to check if either LLC has elected to be taxed as an S-Corp instead of a disregarded entity! That would change everything about how you'd file. Most single-member LLCs haven't made this election, but it's worth confirming before proceeding.
They should have filed Form 8832 (Entity Classification Election) and/or Form 2553 (Election by a Small Business Corporation) with the IRS if they made that choice. Ask your client if they ever filed these forms or received confirmation of S-Corp status from the IRS. Most small business owners remember making this election because it's a significant tax decision that usually involves discussing it with a tax professional first. They'd also have been filing very different tax forms in previous years - Form 1120-S instead of just including a Schedule C with their personal return. Plus, if they were an S-Corp, they should have been paying themselves a reasonable salary with payroll taxes.
Important thing nobody's mentioned yet - if they've been using QuickBooks or some other accounting software for these LLCs, make sure the accounts are properly set up to track expenses separately. I had a client with multiple businesses and they were mixing expenses between them, which made filling out the right schedules a nightmare!
One thing to consider - if the car wasn't yours or your tenant's, did you contact the police before having it towed? In some jurisdictions, there are specific legal procedures for removing abandoned vehicles, even from private property. This could potentially affect whether the expense is considered "ordinary and necessary" for tax purposes.
Yes, we did call the police first! They came out and documented it, put one of those orange stickers on it, and told us we needed to wait 72 hours before having it towed. We followed all the proper channels. The police report actually said the car was reported stolen in another county, but for some reason the towing company still charged us because they said the owner didn't come claim it and they had storage fees.
That's good to hear! Since you followed the proper legal procedures, the expense would definitely qualify as an ordinary and necessary business expense for your rental activity. When you list it on your Schedule E, I recommend noting that proper procedures were followed and that it was necessary to maintain access to the property. While you probably won't need to provide that detail unless audited, it's good documentation to have.
I'm confused about safe harbor in general. Does it mean I don't have to keep receipts for small purchases for my rental? I've been saving every little Home Depot receipt even for $5 items and it's driving me crazy.
The de minimis safe harbor election does simplify recordkeeping, but you still need to keep receipts! What it really does is allow you to immediately deduct small-cost items (generally under $2,500 per item or invoice) rather than having to capitalize and depreciate them. For example, if you buy a $200 microwave for your rental unit, you can deduct it immediately rather than depreciating it over several years. But you absolutely should keep those receipts - they're your proof if audited. The safe harbor is about how you treat the expenses, not whether you need documentation.
One thing nobody mentioned yet is that if your capital gain is significant enough, you might need to make estimated tax payments. If you expect to owe more than $1,000 when you file your return, you could face underpayment penalties if you wait until tax time to pay it all. The safe harbor is generally to pay either 90% of your current year tax or 100% of your prior year tax (110% if your AGI was over $150,000). So even though capital gains are reported and paid with your annual return, you might need to send in estimated payments during the year to avoid penalties.
If my profit is only about $7k like I mentioned, would I still need to worry about estimated payments? My regular job already withholds taxes, if that makes a difference.
With only a $7k profit, you probably don't need to worry about estimated payments, especially if you have regular withholding from a job. The key question is whether adding this $7k to your income would cause you to owe an additional $1,000 in taxes when you file. If you're in the 22% tax bracket, a $7k short-term capital gain would generate roughly $1,540 in additional tax. But if your current withholding is already covering your normal tax liability with some cushion, you likely won't need to make an estimated payment. You can also increase your withholding at your job for the remainder of the year to cover the additional expected tax if you're concerned.
Has anyone used TurboTax for reporting home sales with capital gains? I'm planning to sell my house soon (also under 2 years) and wondering if I need to upgrade to their premium version or if the deluxe can handle this.
Just a heads up - IRS recently announced increased penalties for preparers who pull this kind of stuff. The "self-prepared" trick is actually super common and the IRS is cracking down on it hard. My advice? Take screenshots or photos of EVERYTHING related to this preparer - their office location, any business cards, the paperwork they gave your parents, texts or emails if you have them. The more evidence you can provide to the IRS the better. Also check if they have a PTIN (Preparer Tax Identification Number) - legitimate tax preparers are required to have one and include it on returns they prepare. Bet you anything this person doesn't have one or isn't including it to avoid accountability.
Thanks for the advice! I didn't even think about documenting the physical location. I'll definitely take pictures next time my parents go there. Do you know if there's a way to check if someone has a valid PTIN? I looked at the paperwork again and don't see any ID number for the preparer.
There's no public database where you can verify PTINs unfortunately. If the preparer didn't include their PTIN on the return where it asks for "Paid Preparer's Information," that's a violation of IRS requirements right there. Take photos of the office exterior, interior if possible, and any signage showing the business name. If they have a website or social media presence, screenshot those too - these operations sometimes disappear overnight when they get reported. Also, if your parents paid by anything other than cash, that bank or credit card statement is valuable evidence of them using this service.
Omg this happened to my sister last year! The "tax preparer" claimed she had a home office (she didn't) and business mileage for a non-existent business. She got a massive refund and was super happy until the IRS audit letter came 8 months later. She ended up having to pay back the refund PLUS penalties and interest. Just make sure your parents understand they're 100% responsible for what's on that return even if somebody else prepared it. The IRS doesn't care who filled it out - the person who signs it is on the hook.
Did your sister end up reporting the preparer too? Just curious if anything actually happens to these people when they get reported or if they just keep scamming others.
Faith Kingston
One thing to keep in mind about mileage deductions for previous years - the standard mileage rate changes every year! Make sure you're using the correct rate for each tax year: 2021: 56 cents per mile 2022: 58.5 cents per mile 2023: 65.5 cents per mile 2024: 67 cents per mile Using the wrong rate could cause problems with your amended return.
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Emma Johnson
ā¢Do you know if we can switch methods? I tracked actual expenses in 2021 but want to use standard mileage rate for 2022 onward since it's easier. Is that allowed or do you have to be consistent?
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Faith Kingston
ā¢If you used actual expenses in the first year you used your car for business, you're generally locked into that method for the life of that vehicle. However, if you used the standard mileage rate in the first year, you can switch between methods in subsequent years. So in your case, if you tracked actual expenses in 2021 (the first year you used the car for business), you would need to continue using that method for that particular vehicle. If you get a new vehicle, you could start fresh with either method. It's one of those IRS rules that catches people by surprise, so definitely something to keep in mind when planning your deductions.
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Liam Brown
Be careful with those Instacart records! If they only show the distance from store to customer, you're missing out on deductible miles. You can also deduct the distance you drove TO the store for each order, which Instacart doesn't track. I'd suggest trying to reconstruct those missing miles using Google Maps if you remember which stores you typically picked up from. Even rough estimates with some documentation are better than missing those miles entirely!
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Olivia Garcia
ā¢Totally agree! I drive for multiple apps and keep a separate mileage tracking app running the whole time I'm working. The in-app trackers miss TONS of deductible miles. Also don't forget you can deduct miles when you're driving between deliveries looking for your next gig - those count as business miles too!
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