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This is exactly why divorce and taxes get so complicated! Your friends' accountant is being smart about timing. Here's the key issue: while married filing jointly, they can exclude up to $500k in capital gains from their primary residence. But once divorced, they each get their own $250k exclusion. The tricky part is the "use test" - both spouses need to have used the home as their primary residence for 2 of the last 5 years before the sale. If one moves out during divorce proceedings and they sell while still married, they might lose the full $500k exclusion if the moved-out spouse doesn't meet the use test. By waiting until after divorce and having proper language in the divorce decree (as others mentioned), they can ensure both qualify for their individual $250k exclusions. With $450k in gains, this covers them completely. Also consider: if their income drops after divorce (filing separately vs jointly), they might have better options for using those rental property losses. The passive activity loss rules at higher income levels can be brutal.
This is really helpful! I'm actually going through something similar and hadn't considered how the passive activity loss rules might work differently when filing separately vs jointly after divorce. Quick question - you mentioned that income dropping after divorce could help with using rental property losses. Is that because the $150k AGI threshold for passive loss limitations would apply to each person's separate income rather than their combined income? So if they were making $200k combined but only $100k each separately, they might be able to use losses they couldn't use before? Also, do you know if there's a specific timeframe the divorce decree language needs to be in place before the sale, or can it be added retroactively?
@Eva St. Cyr Exactly right on the passive loss limitations! When married filing jointly with $200k combined income, they re well'above the $150k threshold where passive losses get phased out. But filing separately at $100k each could put them back in the range where they can use up to $25k in passive losses annually. Regarding the divorce decree language - it needs to be in the actual divorce or separation instrument before the sale occurs. You can t add'it retroactively after the fact. The IRS is pretty strict about this - they want to see that the use arrangement was formally documented as part of the divorce proceedings. That said, if you re still'in the middle of divorce proceedings, you might be able to get a temporary separation agreement that includes the necessary language about home use, then incorporate it into the final decree. The key is having it documented before the sale happens. One more thing to watch out for - make sure the decree specifically grants the right to use the home, not just says someone can live there. The IRS wants to see clear language about the legal right to occupy the property.
Another angle to consider - if they're selling multiple properties in the same year, they might want to look into a 1031 exchange for the rental properties instead of taking the losses all at once. Even though they're divorcing, they could potentially defer the capital gains on the rentals by exchanging into new investment properties. This could simplify the tax planning around the primary residence sale since they wouldn't be trying to coordinate the rental losses with the home sale timing. Plus, if one spouse wants to stay in real estate investing post-divorce, the 1031 could set them up better for the future. Of course, 1031 exchanges have their own complexity and strict timing requirements, but it might be worth discussing with their accountant as an alternative strategy. The key would be making sure the exchange is completed before the divorce is finalized so they can act as a unified entity for the exchange process.
That's a really interesting point about the 1031 exchange! I hadn't thought about how divorce timing could affect the ability to do exchanges. One question though - if they do a 1031 exchange on the rental properties, wouldn't that just kick the tax liability down the road? And if they're splitting assets in the divorce, how would they handle the deferred gain obligation? Would both spouses be responsible for the future tax liability even if only one of them ends up with the replacement property? It seems like this could create some messy issues in the divorce settlement if they're not careful about how the exchange property and associated tax obligations get allocated.
Great question! I've been through a similar situation and want to add a few practical considerations that might help with your decision-making process. One thing to consider is the timing of when you actually close on the sale versus when your divorce is finalized. Even though both happen in 2024, the exact sequence can affect how you handle the paperwork and coordinate with your attorneys. We found it smoother to have our divorce decree explicitly state how the house sale proceeds would be divided, even though we sold before the divorce was final. Also worth mentioning - make sure you're both equally involved in the sale process (listing agent selection, pricing decisions, etc.) since you're both on the title. This can prevent disputes later and ensures you're both comfortable with the decisions being made. The buyout option you mentioned can work well, but factor in the transaction costs of a cash-out refinance versus a sale. In our case, the refinance costs plus the higher interest rate environment made selling the better financial choice, even with realtor commissions. Sounds like you're already planning to get professional help, which is smart. A CDFA can run the numbers on both scenarios to show you the exact financial impact over time.
This is really helpful advice about the practical side of things! I hadn't thought about explicitly stating the sale proceeds division in the divorce decree even if we sell first - that's a great point about preventing future disputes. Your comment about being equally involved in the sale process really resonates with me. My spouse and I have been getting along well throughout this process, but I can see how real estate decisions could become a source of conflict if we're not both fully engaged. The point about refinance costs is something I definitely need to factor in. With interest rates where they are now, the cash-out refinance option is looking less attractive anyway. It sounds like for most people in our situation, selling and splitting the proceeds while both getting the capital gains exclusion is the cleanest approach. Thanks for sharing your experience - it's reassuring to hear from someone who went through something similar!
One additional consideration that might help with your planning: make sure you understand how the capital gains calculation works if you've made significant improvements to the home during your ownership. You can add the cost of major improvements (not regular maintenance) to your original purchase price to reduce your overall gain. For example, if you bought the house for $350k and are selling for $850k, that's a $500k gain. But if you spent $50k on a new roof, kitchen renovation, or other qualifying improvements, your adjusted basis becomes $400k and your gain drops to $450k. With that lower gain, you'd each report $225k instead of $250k, giving you both some buffer under the exclusion limit. Keep good records of any improvement receipts - your tax preparer will need documentation. This could make the difference between owing some capital gains tax and owing none at all, especially if your actual sale price ends up being higher than your $850k estimate. Also, don't forget about closing costs from your original purchase and selling costs (realtor commissions, legal fees, etc.) which can also reduce your taxable gain. Every bit helps when you're trying to stay under those exclusion thresholds!
This is such valuable information about home improvements! I never realized we could add those costs to our basis to reduce the gain. We did a major kitchen renovation ($35k) and bathroom remodel ($15k) about 3 years ago, plus we had the roof replaced last year ($18k). If I'm understanding correctly, that would add $68k to our original purchase price basis, bringing our total gain down from $500k to around $432k. That would mean we'd each report about $216k instead of $250k, giving us both a nice cushion under the exclusion limit. Do you know if things like new HVAC systems or flooring replacements count as improvements? We also had the hardwood floors refinished and installed a new furnace, but I'm not sure if those qualify. Thanks for mentioning the selling costs too - I hadn't factored in that realtor commissions and other closing costs could further reduce our taxable gain. This is exactly the kind of detail I wanted to understand before meeting with our CDFA!
Yes, HVAC systems and flooring definitely count as qualifying improvements! New furnace, A/C units, and hardwood floor refinishing all add to your basis. The IRS generally allows improvements that add value to your home, prolong its useful life, or adapt it to new uses. Just to clarify the math on your situation - with those improvements ($68k) plus your new HVAC and flooring work, you could easily be looking at $80k+ in total improvements to add to your basis. That would bring your gain down even further, giving you both substantial cushion under the $250k exclusion limits. One tip: make sure to separate out any regular maintenance costs from actual improvements when you're gathering receipts. For example, fixing a broken furnace is maintenance, but installing a new energy-efficient system is an improvement. Your CDFA should be able to help you categorize everything properly. The selling costs reduction is often overlooked but can be significant - realtor commissions alone are typically 5-6% of the sale price, which on an $850k sale could be over $40k that reduces your taxable gain. Combined with your improvements, you might find yourselves well under those exclusion thresholds with room to spare!
I actually went through this exact process last month as a freelance writer with multiple 1099s. Here's what worked for me: First, I used a simple spreadsheet to track all my income sources and business expenses throughout the year. This made a huge difference when I walked into Jackson Hewitt because I could show them clear documentation of my earnings patterns. The key thing they wanted to see was consistency - even though my monthly income varies, I was able to show steady work over the past 12 months. They also really cared about my business expense deductions (home office, equipment, software subscriptions, etc.) because those significantly impact your expected refund. I got approved for a $900 advance, but like others mentioned, the fees were substantial - about $120 total between the advance fee and tax prep. The process took about 2 hours at their office because they had to manually review all my 1099 documentation. One tip: if you use any business banking apps or accounting software, bring those statements too. They seemed more confident when I could show organized financial records rather than just a pile of paper 1099s.
This is really helpful! I'm in a similar situation as a freelancer with inconsistent monthly income. Did they ask to see your actual bank statements or were the business app records sufficient? I use QuickBooks Self-Employed to track everything but wasn't sure if that would be enough documentation for them. Also, when you say the process took 2 hours - was that mostly waiting time or were they actually reviewing documents that whole time? Trying to plan when to go in since I work during typical business hours.
The QuickBooks Self-Employed records were actually perfect - they loved having everything digitally organized like that! I brought both the QuickBooks reports and my actual bank statements, but they spent way more time looking at the QuickBooks data because it clearly showed income categorization and business expenses. The 2 hours was mostly them actually working - about 30 minutes of document review, then over an hour of them doing the preliminary tax calculations to estimate my refund. There was some waiting mixed in, but they were pretty thorough about making sure the numbers worked before approving the advance. I'd recommend going mid-week if possible, maybe Tuesday or Wednesday morning. I went on a Saturday and it was packed with people doing last-minute holiday stuff.
As someone who's been self-employed for 3 years now, I want to add that timing really matters for these holiday advances. Jackson Hewitt typically starts their Early Refund Advance program in mid-November, but availability can get limited as we get closer to the holidays because of high demand. If you're planning to apply, I'd suggest getting all your documentation together ASAP. Beyond what others have mentioned (previous year's return, bank statements, 1099s), also bring any business license or EIN documentation you have. It helps establish legitimacy of your self-employment. One thing that caught me off guard my first time - they'll want to see proof that you're actually going to file with them for tax prep, not just get the advance and leave. So factor in their tax preparation fees when deciding if the advance is worth it financially. The advance is really tied to using their tax services. Also, if you have any major life changes this year (got married, had a kid, bought a house), mention that upfront because it affects your tax situation and refund estimate significantly.
This has been such an informative discussion! I'm in a very similar situation - received about $1,800 through Apple Pay last year from selling some old tech equipment, friends paying me back for concert tickets and group meals, and a couple small amounts from babysitting for neighbors. Reading through everyone's experiences has really helped me understand the key distinction between personal transactions versus actual income. The tech equipment sales were definitely at a loss (sold my old laptop and gaming console for way less than I originally paid), and the friend reimbursements were clearly just people paying me back - so those don't sound taxable based on all the great advice here. But those babysitting payments were actual compensation for services, so I should report those on Schedule C even though they were small amounts. I had no idea there wasn't a minimum threshold for reporting self-employment income - that's such important information! The clarification about the current $20,000 AND 200 transactions threshold still being in effect has been really helpful too. I was getting so much conflicting information online about whether the $600 threshold had already taken effect. I'm definitely going to start keeping much better records going forward. Maybe I'll start adding quick notes to my transactions as they happen - "Mike's share of dinner" or "babysitting for the Smiths" - anything to avoid this stress next year! Thanks to everyone for sharing their knowledge and experiences.
You've got the right approach! Your situation sounds exactly like what so many of us have been dealing with in this thread. The babysitting income should definitely be reported on Schedule C - it's actual payment for services even if the amounts were small. One thing that might help ease any concerns about reporting small amounts: since you were babysitting, you can likely deduct some business expenses too! Things like any supplies you bought for the kids, gas if you drove to their homes, or activities you paid for while watching them. These deductions can help offset the income and reduce your overall tax liability. I love your idea about adding quick notes to transactions as they happen - that's so much smarter than trying to remember everything months later! I think I'm going to start doing the same thing. Even something as simple as "babysitting - Johnson family" or "Tom's share of concert tickets" could save so much stress next tax season. It's been really comforting to see how many people were dealing with the exact same confusion and uncertainty. This whole discussion has made me realize these payment app tax questions are way more common than I thought!
This entire discussion has been incredibly reassuring! I'm in almost the exact same boat as the original poster - received about $2,100 through Apple Pay last year and was completely stressed about potential tax implications. Like so many others here, most of my transactions were personal - friends paying me back for shared Uber rides and group dinners, selling some old textbooks and electronics from college (definitely at a huge loss compared to what I originally paid), and a few small payments for dog-walking services for neighbors. Reading through everyone's responses has really helped clarify the key distinction between personal transactions versus actual business income. The textbook/electronics sales and friend reimbursements clearly aren't taxable since they were personal transactions and sales at a loss. But I should definitely report the dog-walking payments on Schedule C since those were actual payments for services, regardless of the small amounts. The information about the current $20,000 AND 200 transactions threshold still being in effect (not the $600 threshold) was particularly helpful - I was seeing so much conflicting information online and getting really confused about what rules actually applied. I'm absolutely going to start keeping better records going forward. Maybe a simple note system like others suggested - "Jake's half of dinner" or "dog-walking for Mrs. Chen" - anything to avoid this anxiety next year! Thanks to everyone for sharing their experiences and knowledge. This community has been such a lifesaver for navigating these confusing payment app tax situations!
Ryan Kim
This thread has been incredibly valuable! I went through this exact process about 6 months ago with my unused LLC. One thing I'd add that hasn't been mentioned yet - if you ever need to reference this dissolved LLC in the future (like on loan applications or business forms that ask about previous entities), having that paper trail of proper dissolution is golden. I recently applied for a business loan for a new venture, and they asked about any previous business entities I'd owned. Being able to show the state dissolution papers and my certified mail receipt for the IRS notification letter made that part of the application process completely smooth. The lender actually commented that it was refreshing to see someone who had properly closed out their previous entity rather than just letting it go dormant. For anyone still on the fence about sending that notification letter to the IRS - it's really worth the small effort and cost of certified mail. Even though it's not technically required, it creates a clean paper trail that protects you and demonstrates you handled everything properly. Future you will thank present you for taking care of it the right way!
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Sarah Ali
β’This is such an excellent point about the future value of proper documentation! I'm just starting this dissolution process myself and hadn't thought about how this might come up in future business applications. It makes the extra step of sending the certified notification letter seem like even more of a no-brainer investment. Your experience with the lender being impressed by proper closure is really encouraging too. It shows that taking the time to do things right isn't just about avoiding problems - it can actually reflect positively on your business practices when you're ready to start something new. Thanks for sharing that perspective! It's given me even more motivation to handle this dissolution thoroughly rather than cutting corners. Sometimes the extra effort really does pay off down the road in ways you don't expect.
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Riya Sharma
This thread has been incredibly thorough and helpful! I'm in a nearly identical situation to Paolo's - formed an LLC about a year ago, got the EIN, but never conducted any business before deciding to dissolve it. One additional consideration I wanted to mention that might be relevant for others: if you used any online services or platforms to form your LLC initially (like LegalZoom, Incfile, etc.), some of them offer dissolution services too. While you can absolutely handle the state dissolution yourself, I found it helpful to check if my formation service had a dissolution package that included guidance on both state and federal requirements. The service I used provided a checklist that covered the EIN notification letter to the IRS, state final filings, and even reminders about things like closing any business bank accounts or credit cards. It cost a bit extra, but for someone like me who was anxious about missing steps, having that structured guidance was worth the peace of mind. That said, based on all the excellent advice shared here, it's definitely something you can handle yourself if you're comfortable following the steps everyone has outlined. The key takeaways seem to be: get your state dissolution completed first, send that notification letter to the IRS via certified mail, and keep good records of everything. Thanks to everyone who shared their experiences - this community is incredibly helpful for navigating these business admin challenges!
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