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I've been through a similar situation with high W2 income and rental losses. Unfortunately, at your income level ($670K), you're well beyond the phase-out range for rental loss deductions. The passive activity loss rules are pretty strict here. However, since you work in property management, you might want to explore whether any of your rental activities could qualify for different treatment. For example, if you're providing substantial services beyond typical landlord duties (like regular maintenance, landscaping, or other hands-on management), you might be able to argue that some portion isn't purely passive rental activity. Also consider: 1. Make sure you're maximizing current-year deductions by properly categorizing repairs vs. improvements 2. Look into cost segregation for future years to accelerate depreciation 3. Keep detailed records of all your time and activities related to the property The losses aren't "lost" - they'll carry forward and can offset future rental income or be fully deducted when you sell. Given your income level, you'll likely benefit more from these losses in the future anyway. You might want to consult with a CPA who specializes in real estate taxation to explore any nuances specific to your property management background.

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Evelyn Kim

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This is really helpful advice, especially the point about documenting time and activities. I'm curious about the "substantial services" angle - in my property management day job, I do handle maintenance coordination, tenant screening, and property inspections for other properties. Would similar activities on my own rental property potentially help differentiate it from purely passive rental income? Also, when you mention consulting with a CPA who specializes in real estate taxation, are there specific credentials or designations I should look for? I want to make sure I'm working with someone who really understands these nuances rather than a general tax preparer. Thanks for the reassurance that the losses aren't truly "lost" - that does make me feel better about the situation even if we can't use them immediately.

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Ruby Blake

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Great question about the CPA credentials! Look for someone with either the Accredited in Business Valuation (ABV) credential or better yet, someone who's a member of the Real Estate CPA Network. You'll also want to ask specifically about their experience with passive activity loss rules and Real Estate Professional status determinations. Regarding the substantial services angle - this is tricky territory. Even though you do those activities professionally, the IRS looks at each property individually. The key test is whether the services you provide to YOUR rental property are "extraordinary" compared to what a typical landlord would do. Simply doing standard property management tasks (even at a professional level) usually won't overcome the per se passive rule for rentals. However, your professional background could be valuable for documentation purposes. If you do qualify for Real Estate Professional status in the future (maybe if your W2 income changes or you transition to more real estate work), having detailed records of your time and professional-level activities will be crucial. One more thought - make sure you're not missing any legitimate business expenses related to your property management knowledge. Things like continuing education, professional memberships, or tools/software you use could be deductible if they relate to your rental activity.

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I'm in a very similar situation and have been researching this extensively. At your income level, you're unfortunately past the point where any rental loss deductions are allowed against ordinary income. The $100K-$150K phase-out range means you get zero deduction at $670K. However, don't overlook some potential current-year tax savings while those losses carry forward: 1. **Expense categorization review** - Make sure repairs aren't being capitalized as improvements. Things like fixing existing systems, painting, minor plumbing repairs can be fully deductible repairs rather than depreciable improvements. 2. **Section 199A deduction** - If you have any rental income (even from other properties), the QBI deduction might apply to offset some of your high W2 income. 3. **Professional development expenses** - Since you work in property management, any courses, certifications, or professional development related to real estate might be deductible as employee business expenses if you itemize (though this is limited post-TCJA). The silver lining is that with your income level, those suspended losses will likely be worth more to you in future years when you can use them. At your current tax bracket, a $30K loss could save you around $11K+ in taxes when you eventually sell or have rental profits to offset. Keep meticulous records of everything - the IRS loves to challenge rental loss carryforwards if documentation is poor.

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Harmony Love

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This is such a helpful and comprehensive discussion! As someone who's been lurking on this community for a while dealing with my own foreign investment complications, I really appreciate everyone sharing their real experiences with PFIC reporting. One aspect I wanted to add based on my research is the importance of understanding the "beginning of the year" vs "end of the year" valuation issues with ULIPs. Since these policies often have different valuation dates than the US tax year (December 31), you might need to get specific valuations as of December 31st for each year to properly calculate the annual income inclusions. Also, I've noticed that some ULIPs have surrender charges or early withdrawal penalties that could affect the tax calculations. If your brother's ULIP has been held for the full 10-year term, he might be past the surrender charge period, which could make the timing more favorable from a pure investment standpoint (separate from the tax implications). The documentation point that several people have emphasized really can't be overstated. I started gathering paperwork for my own foreign investments months ago, and I'm still waiting for some historical statements from overseas. Starting that process early, even before you have a full compliance strategy, is definitely the right approach. Thanks again to everyone who has shared their experiences - this kind of practical guidance is invaluable for those of us navigating these complex international tax issues!

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Leo Simmons

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Great point about the valuation date issues! I hadn't considered how the policy year-end might not align with December 31st. That's definitely something that could complicate the annual calculations, especially if you need to interpolate values or request special valuations from the insurance company. The surrender charge timing is also really important to consider. After 10 years, most ULIPs are indeed past their surrender charge period, which could make this an optimal time from an investment perspective - assuming the tax situation can be resolved favorably. Your point about starting documentation early really resonates with me as someone new to this process. I'm already seeing how complex just gathering the paperwork can be, let alone figuring out the tax implications. It sounds like having everything organized before meeting with a tax professional will make that consultation much more productive and potentially less expensive too. Thanks for adding these practical considerations - it's exactly this kind of real-world detail that helps someone like me understand what we're actually getting into with this compliance process!

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StellarSurfer

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I've been following this discussion with great interest as I'm dealing with a similar ULIP situation for my spouse. One thing I wanted to add that might be relevant - if your brother's ULIP is from India (which many ULIPs are), there's an additional complexity regarding the India-US tax treaty and potential relief provisions. Under Article 25 of the India-US tax treaty, there are specific provisions for retirement and pension arrangements that sometimes apply to certain types of ULIPs, particularly those held for long periods like your brother's 10-year policy. While this doesn't eliminate PFIC reporting requirements, it can sometimes affect the timing and method of taxation. Also, I noticed that several people mentioned the QEF election challenges with foreign insurance companies. In my experience with Indian ULIPs specifically, some of the larger insurance companies (like LIC, HDFC Life, or ICICI Prudential) have started to become more familiar with US reporting requirements due to the large NRI customer base. It might be worth reaching out to the policyholder services department specifically asking about "US tax compliance documentation" or "PFIC reporting requirements" rather than just requesting general financial statements. The key is to be very specific about what you need - annual ordinary earnings and net capital gains broken down by the investment portion of the policy. Some companies have developed standardized reports for this purpose, though you might need to escalate to specialized departments. Given the 10-year holding period and the complexity everyone has described, I definitely agree that professional help is the way to go, but having this treaty angle explored could potentially provide additional compliance options that aren't available for ULIPs from other countries.

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Mei Wong

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This is really valuable information about the India-US tax treaty provisions! I hadn't considered that there might be specific treaty benefits that could apply to ULIPs, especially for retirement-type arrangements. The 10-year holding period might actually work in favor of qualifying for some of these provisions. Your point about the larger Indian insurance companies becoming more familiar with US reporting requirements is particularly helpful. If the ULIP is indeed from one of these companies, it could make the QEF election process much more feasible than some of the earlier comments suggested. Having a standardized process for providing the required annual income and gains data would be a game-changer for compliance. I'm curious - in your experience with treaty provisions, do these typically need to be claimed proactively on the tax return, or are they something that gets evaluated during the compliance catch-up process? Also, do the treaty benefits affect both the current year reporting and any catch-up filing strategy for the missed prior years? This is exactly the kind of country-specific insight that could make a huge difference in the overall tax outcome. It reinforces the importance of working with a professional who understands both PFIC rules and the relevant tax treaty provisions. Thanks for sharing this perspective!

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Wait, I'm confused about land vs building depreciation. My understanding is you can only depreciate the building portion of your property, not the land. How do you calculate this split if you've made improvements?

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You're absolutely right! Land is not depreciable. When you purchase a property, you need to allocate the purchase price between land (non-depreciable) and building (depreciable). This is typically done based on the assessed values from your property tax statement or an appraisal. For improvements, you typically don't need to worry about the land/building split because improvements are generally made to the building portion of the property. Improvements like bathroom renovations, roof replacements, HVAC systems, etc., are all considered part of the building and are fully depreciable over 27.5 years.

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Amy Fleming

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One additional consideration that hasn't been mentioned yet - don't forget about Section 179 deduction and bonus depreciation for some of your rental property improvements! While most structural improvements to rental property need to be depreciated over 27.5 years as discussed, certain types of property improvements might qualify for accelerated depreciation. Things like security systems, some appliances, and certain non-structural improvements might qualify for immediate expensing under Section 179 or bonus depreciation. For example, if you're installing new appliances as part of your bathroom renovation, those might be eligible for immediate deduction rather than the 27.5-year schedule. The rules can be complex, but it's worth exploring since it could provide significant tax benefits in the year you make the improvements. Also, if you're doing substantial renovations that involve any accessibility improvements, there may be additional tax credits available beyond just the depreciation benefits. Always worth checking with a tax professional to make sure you're maximizing all available deductions and credits for your rental property investments!

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Ava Thompson

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This is really helpful information about Section 179 and bonus depreciation! I had no idea some rental property improvements might qualify for immediate expensing. For the bathroom renovation I'm planning, would things like new vanities, mirrors, or lighting fixtures potentially qualify for Section 179? Or are those considered too integrated with the building structure? I'm trying to figure out if I should separate out certain components of the renovation for different tax treatment. Also, you mentioned accessibility improvements having additional tax credits - do you know if things like grab bars or walk-in showers would qualify? That could really change the math on which improvements to prioritize first.

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I'm so relieved to find this thread! I just formed my single-member LLC for my web development business three months ago and have been getting those automated IRS notices about Form 941 filings. I was convinced I was already behind on some tax requirement even though I haven't made any income or hired anyone yet. Reading through everyone's experiences has been incredibly reassuring - I had no idea the IRS just sends those notices to anyone with an EIN regardless of their actual filing requirements. I've been stressing for weeks thinking I somehow filled out my EIN application incorrectly. I've been keeping receipts for my development tools subscriptions, business license fees, and home office equipment, but wasn't sure if tracking these expenses was worthwhile since I haven't landed any clients yet. Learning about the potential startup expense deductions makes me glad I've been staying organized from the beginning. Planning to call that IRS Business & Specialty Tax Line mentioned by several people here to get my account updated and stop those notices. It's amazing how many new LLC owners go through this exact same confusion - thank you all for sharing your stories and making me feel less alone in navigating these tax complexities!

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Abby Marshall

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I totally get that stress you were feeling! I went through the exact same thing when I set up my marketing LLC last year. Those IRS notices are really scary when you're new to business ownership and trying to make sure you don't mess anything up. It sounds like you're doing everything right by keeping track of your development tools and equipment expenses. Those are definitely legitimate business costs that could be valuable when you start generating revenue. The startup expense deduction can really help offset your initial income once clients start coming in. The IRS business line has been super helpful for everyone in this thread who's called. From what others shared, the agents are used to this exact question and can quickly update your account to stop those automated notices. Just have your EIN ready and explain you're a single-member LLC with no employees or income yet. You're definitely not the first person to go through this confusion - it seems like it's practically inevitable for new single-member LLC owners! Once you get this sorted out with that phone call, you can focus on building your web development business instead of worrying about unnecessary paperwork.

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I'm in the exact same situation and this thread has been a lifesaver! I set up my single-member LLC for my freelance marketing business back in October but haven't had any clients yet. Those automated IRS notices about quarterly filings have been giving me major anxiety - I was convinced I was already screwing up my taxes before making a single dollar. It's such a relief to learn that Form 941 is only required when you're actually paying wages to employees. I've been keeping receipts for my laptop, marketing software subscriptions, and business insurance, but wasn't sure if it was worth the effort since I haven't generated any income yet. Hearing about the potential $5,000 startup expense deduction definitely motivates me to stay organized with those records. I'm definitely going to call that IRS Business & Specialty Tax Line to get my account updated and stop those scary automated notices. Thank you everyone for sharing your experiences - it's incredible how many new LLC owners go through this identical panic. This community has been invaluable for understanding these confusing tax requirements!

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Hannah White

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I'm in a very similar situation with my 19-year-old son and this thread has been incredibly eye-opening! I was initially planning to claim him as a dependent since he lives at home and I thought I was covering most of his expenses, but now I'm realizing I need to really dig into the numbers. Like many of you mentioned, I think I was significantly underestimating how much his student loans and part-time job actually contribute to his support. He received about $14,000 in student loans this year and earned roughly $7,500 from his campus job. When I add in all the personal expenses he covers - gas, clothes, textbooks, food when he's at school, entertainment - it might actually push him over that 50% threshold. The fair market rental value calculation will be really important for us too. I was just thinking about what his room "costs" me, but you're absolutely right that it should be based on what he would actually pay for similar housing in our area. I'm going to create that detailed support worksheet this weekend using the IRS Publication 501 format that several people recommended. It sounds like the key is being thorough, honest, and keeping good documentation rather than just picking whatever saves the most money. Thanks to everyone who shared their experiences - it's really helpful to see how other families have worked through this legitimately while following the proper tax rules!

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Naila Gordon

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Your situation sounds very similar to what I went through with my daughter last year! With $14,000 in student loans and $7,500 in work earnings, your son already has $21,500 counting toward his self-support before even factoring in housing and other expenses he covers. One thing that really helped me was tracking expenses month by month rather than trying to estimate everything at once. I created a simple spreadsheet with categories like housing (fair market rent), food, transportation, personal items, education expenses, etc., and noted who actually paid for what each month. For the fair market rental calculation, I'd recommend looking at room rentals near your local college or university - those tend to be the most realistic comparisons for what a student would actually pay. I found listings ranging from $400-600/month in our area and used the average. Don't forget to include things like his share of utilities, internet, and other household expenses if he contributes to those. Even small contributions add up when you're calculating the support test. It sounds like you're approaching this the right way by planning to be thorough and systematic. The fact that you're focused on following the actual rules rather than just maximizing tax benefits shows you're on the right track. Good luck with your calculations!

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Ava Harris

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I've been following this discussion with great interest as I'm in a nearly identical situation with my 20-year-old daughter. What strikes me most about all these responses is how many families initially assume they're providing most of their child's support, only to discover through careful calculation that the student is actually more independent than they realized. The recurring theme seems to be that student loans are often the game-changer in these calculations. Many parents (myself included) tend to think of loans as "future money" rather than current support, but the IRS correctly treats loan disbursements as support the student provided for themselves in the year received. After reading through everyone's experiences, I'm convinced that the key is creating an honest, comprehensive support worksheet using actual numbers rather than rough estimates. The fair market rental research mentioned by several people seems particularly important since housing is typically the largest expense category. What I appreciate most about this discussion is that everyone is focused on legitimately following the tax rules rather than just finding loopholes. It's reassuring to see that when families do the math properly and document their calculations, they can often find a legitimate path that also happens to be beneficial. I'm planning to tackle this systematic approach this weekend. Between student loans, part-time work, and personal expenses, I suspect my daughter might actually qualify as independent when we calculate everything correctly. Thanks to everyone who shared their experiences - this has been incredibly valuable guidance!

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Isaiah Cross

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You've really captured what I've been thinking as I've read through this whole discussion! Like you, I initially assumed I was covering most of my daughter's expenses, but seeing how everyone broke down the student loan calculations has been a real eye-opener. It's interesting how many families seem to go through this same realization process. I think there's something about having our kids live at home that makes us feel like we're providing most of their support, when in reality they might be contributing much more than we give them credit for - especially when you properly account for student loans and all those smaller personal expenses that add up. The emphasis on legitimate calculations rather than just tax optimization really resonates with me too. As a newcomer to navigating these rules, it's reassuring to see experienced community members focusing on following the IRS guidelines correctly rather than just finding ways to save money. I'm definitely planning to create that detailed support worksheet everyone keeps mentioning. The systematic approach with actual documentation seems like the way to go, both for making the right decision now and for having proper records if there are ever questions later. Thanks for summarizing the key themes so clearly - this discussion has been invaluable for families like ours trying to navigate this transition properly!

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