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Quick question - does a legal separation need to be finalized before tax time to affect your filing status? My wife moved out in December and we're getting separation paperwork started but it won't be done before April.
I went through something very similar last year when my husband and I separated but hadn't finalized our divorce yet. Since you're still legally married as of December 31st, you can only file as married filing jointly or married filing separately - not single or head of household. Given that your finances are completely separate now and you're concerned she might file jointly without telling you, I'd strongly recommend married filing separately. This protects you from being liable for any tax issues on her side, and since you mentioned you're not communicating much, it eliminates the need to coordinate your filing. The downside is you'll likely pay more in taxes than if you filed jointly, but the peace of mind is usually worth it during separation. Since you're paying the mortgage alone even though her name is still on the house, make sure you can still claim the mortgage interest deduction - you should be able to since you're the one actually making the payments. You might want to consult with a tax professional who can run the numbers for both scenarios and show you exactly what the difference would be in your specific situation.
This is really helpful advice! I'm in a similar boat and was leaning toward filing separately for the same reasons. One thing I'm wondering about - when you say to make sure he can claim the mortgage interest deduction, does it matter that his wife's name is still on the deed/mortgage paperwork? I thought both people had to be liable for the debt to claim it, but if only one person is actually making the payments, how does that work exactly?
This thread has been absolutely incredible for understanding these complex capital gains rules! I'm in a very similar situation - owned a property for 16 years, lived in it as primary residence for 12 years, then rented it out for 4 years before selling recently. Like so many others here, I was initially using the proportional calculation (12/16 = 75% exclusion) and was prepared to pay a substantial tax bill. But after reading through everyone's experiences and explanations, I'm realizing I may qualify for the full exclusion minus depreciation recapture! I claimed about $24k in depreciation over those 4 rental years, so if I understand correctly, I'd only owe the 25% recapture tax on that amount (roughly $6k) rather than the much larger sum I was expecting based on my original calculation. What's really struck me is how many people in this thread discovered they had overpaid or were planning to overpay because of misunderstanding these rules. It really highlights how non-intuitive tax law can be, even for situations that seem straightforward on the surface. I'm definitely going to look into some of the tools and services mentioned here to get professional confirmation before filing. With the amounts involved, it's worth the peace of mind to make sure I'm applying these rules correctly. Thank you to everyone who shared their knowledge and real-world experiences - this community discussion has been more valuable than any tax guide I've tried to read!
Your understanding is absolutely correct! You're in the same favorable position as many others in this thread. Since you lived in the home for 12 years as your primary residence before converting to rental, those 4 rental years don't count as "non-qualified use" under current tax law. You should be able to exclude your entire capital gain except for that $24k depreciation recapture, which means roughly $6k in taxes instead of whatever much larger amount you were calculating with the proportional method. I'm new to this community but have been following similar discussions, and it's really eye-opening how many people initially misunderstand these rules! The proportional calculation seems like the logical approach, but the actual tax law is more generous for situations like yours where the rental period comes after primary residence use. Definitely smart to get professional confirmation with one of those tools mentioned throughout this thread. With 16 years of ownership, you want to make sure you're also accounting properly for any improvements you made over the years that would increase your basis and further reduce your taxable gain. This whole discussion has been incredibly educational - thanks for sharing your situation and adding to the collective knowledge here!
This thread has been incredibly helpful! I'm in a somewhat different situation and hoping someone can shed some light on it. I owned a duplex for 20 years - lived in one unit as my primary residence for the first 15 years while renting out the other unit, then moved out and rented both units for the last 5 years before selling. I'm trying to figure out how the capital gains exclusion applies when only part of the property was my primary residence. From what I've read here, it sounds like the 5 years of renting both units after I moved out wouldn't count as "non-qualified use" for the portion that was my primary residence, but I'm not sure how to calculate the split. The total gain on the sale was about $200k. I claimed depreciation on the rental unit throughout the entire 20 years (about $45k total) and on my former residence unit for the last 5 years (about $15k). Would I be able to exclude 50% of the gain (since half the property was my primary residence) and then pay recapture tax on the full $60k in depreciation? Or is it more complicated than that with mixed-use properties? Has anyone dealt with a duplex or similar situation where part of the property was always rental and part was converted from primary residence to rental? Would really appreciate any insights!
Your duplex situation is definitely more complex, but the good news is that you should still be able to get some benefit from the primary residence exclusion! For mixed-use properties like yours, you'll need to allocate the gain and depreciation between the business/rental portion and the personal residence portion. Since you lived in one unit for 15 years as your primary residence, that portion should qualify for the capital gains exclusion (assuming equal-sized units, that would be 50% of the total gain). So you'd potentially exclude $100k of your $200k gain (the portion attributable to your former primary residence unit), and pay capital gains tax on the remaining $100k from the always-rental unit. The tricky part is the depreciation recapture - you'll owe the 25% recapture tax on the full $60k you claimed over the years. The 5 years when you rented both units after moving out shouldn't count as "non-qualified use" for your former residence portion, based on the same rules everyone's been discussing in this thread. I'd strongly recommend getting professional help with this calculation since mixed-use properties have additional complexity around allocation methods and basis calculations. The tools mentioned earlier in this thread might be helpful, but you may also want to consult with a tax professional who has experience with duplex/mixed-use property sales. This is definitely a situation where the specifics matter a lot for getting the calculation right!
I feel obligated to mention a cautionary note regarding verification timelines. Per Internal Revenue Manual 21.9.1.3, identity verification should be processed within 9 weeks, but I've observed numerous cases where this timeline was exceeded without notification to the taxpayer. In one particularly concerning case from last tax season, a client submitted verification on February 3rd and received no updates until May 27th - nearly 16 weeks later. The IRS cited "exceptional processing circumstances" but provided no further explanation. According to Taxpayer Advocate Service Report 2023-1, approximately 18% of verification cases exceed standard processing times. I strongly recommend documenting all verification submission dates and following up proactively if the 9-week mark passes without resolution.
Thank you for sharing your timeline, Diego! As a fellow military family member, I completely understand the frustration of waiting on government processes. From what I've been reading in various tax forums and based on conversations with others who've gone through ID verification this season, your February 17th submission date puts you right in the thick of peak verification season. The IRS verification department seems to be processing in waves, and many people who submitted in mid-to-late February are just now starting to see movement. I'd suggest checking your online account transcript (if you haven't set one up yet) rather than relying solely on WMR - it tends to update faster and gives you more detailed information about where your return stands in the process. From what I've observed, once verification clears, the actual refund processing moves pretty quickly. Hoping you see some positive movement soon!
I may have some relevant information to share. My verification was completed on February 20th, and I received my refund on March 8th, which was approximately 16 days later. It seems the timeframe might be somewhat consistent based on what others have shared here. I checked my transcript every few days and noticed the 846 code appeared about 3 days before the deposit hit my account. I believe the system follows a fairly standard process unless there are additional complications with your return.
Based on everyone's experiences here, it looks like you're right in the normal timeframe window. I completed ID verification on February 25th and got my refund on March 15th - exactly 18 days later. The key thing I learned is that patience is really your only option during this phase. The IRS systems seem to process post-verification returns in batches, which explains why some people get theirs in 9 days while others wait the full 21. Since you're at day 15 and documented everything so well, I'd suggest checking your transcript one more time for any new codes, then waiting about 5-6 more days before calling. The fact that you completed verification online and got confirmation is a good sign - it means you're definitely in the queue.
This is really reassuring to hear! I'm new to dealing with ID verification and wasn't sure what to expect. Your timeline of 18 days gives me hope since I'm only at day 15. I like your suggestion about checking the transcript once more and then waiting - I've probably been checking too frequently out of anxiety. Quick question: when you say the IRS processes in batches, do you know if there's a particular day of the week they typically release refunds? I've heard Friday deposits are common but wasn't sure if that applies to post-verification cases too.
Oscar Murphy
One thing nobody mentioned yet - if you're frequently buying and selling gift cards (like as a side hustle), the IRS might consider that a business activity rather than just selling personal items. In that case, different rules would apply. But for your situation with just accumulated personal gift cards, I wouldn't worry about it. I sell unwanted gift cards every year and have never reported it since I'm always selling at a discount from face value.
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Nora Bennett
ā¢How frequently would you need to be selling for the IRS to consider it a business? I probably sell maybe 5-10 gift cards a year that I receive and don't want. Should I be worried?
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Oscar Murphy
ā¢There's no specific number that automatically triggers "business" classification, but 5-10 cards a year would generally be considered personal use, not a business activity. The IRS looks at factors like: Are you doing this to make a profit? Are you putting significant time into it? Are you keeping formal records? Are you depending on the income? Occasionally selling unwanted personal gift cards doesn't check any of those boxes, so you're fine. I've sold 15+ cards some years without issue. It would be different if you were buying cards at a discount specifically to resell them - that would likely be considered a business activity.
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Ryan Andre
If your gift cards were received as gifts (not as payment for services or work bonuses), selling them for less than face value is basically a personal loss. I'm not a tax professional, but I've been in the US on a work visa for 6 years and have done this many times. Think of it like selling a used item from your home - if you sell your used TV for less than you paid for it, you don't report that as income. Same concept applies here.
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Lauren Zeb
ā¢This makes sense to me. But what about gift cards I got from work as performance bonuses? Those were already taxed on my paycheck when I received them, so I'm assuming selling them wouldn't create any new tax issues?
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Aisha Hussain
ā¢Exactly right! If you received gift cards as work bonuses and they were already included in your W-2 income (which they should have been), then selling them doesn't create any additional taxable event. You already paid taxes on their full value when you received them. When you sell them on CardCash for less than face value, you're actually taking a personal loss, but the IRS doesn't allow you to deduct losses on personal property anyway. So there's no impact either way - no additional income to report, and no loss deduction to claim. The key thing for work-related gift cards is making sure they were properly reported as income when you received them, which sounds like your employer handled correctly.
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