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Renting apartment below fair market value - Is it considered a rental property for tax purposes?

So I've got this apartment outside the US that I rented to a friend for all of 2023 at below fair market value. When doing my taxes in TurboTax, I selected "Rental Properties and Royalties (Sch E)" option. During the interview process, TurboTax asked me two specific questions: 1. Days rented at a fair rental price 2. Personal use during the year Since I'm renting it below fair market value to my friend, I put "0" for both questions. TurboTax still continued with the interview, and I entered all my expenses, total rent collected, etc. This resulted in a significant loss on paper. From what I've been reading, if a property is rented below fair market value, it's actually considered a personal property, not a rental property for tax purposes. Is this true? If so, why did TurboTax still treat it as a rental property? I'm confused about this. After some research, I realized question #2 should have been 365 days, which would make it a personal property, not a rental. But I'm still unsure about the tax implications. My friend only pays the maintenance fees as rent - nothing directly to me. I would have paid these maintenance fees anyway even if the apartment was empty. Other expenses like property taxes and insurance actually result in an overall loss. I'm not worried about claiming the loss, but someone told me I need to report the maintenance fees as income without being able to deduct any expenses (even from that income). This contradicts what a TurboTax rep told me: "When you rent below fair market price, you would be considered to be renting 'not for profit.' If your expenses (mortgage interest plus property taxes) were more than the rent you received, you are not required to report the income." I'm taking the standard deduction if that matters. Thanks for any help!

StarSailor}

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I'm confused about one thing - if the apartment is outside the US, don't you have to report it on FBAR and Form 8938 regardless of whether it's rental or personal? My accountant told me all foreign properties need to be disclosed even if they don't generate income.

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Miguel Silva

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Foreign property itself isn't reportable on FBAR or 8938 - those forms are for foreign financial accounts and assets. You'd only report the foreign bank account used to receive rental income or pay expenses. The property itself is reported on Schedule E if it's a rental or not at all if it's personal. The foreign rental income would be reported on your tax return regardless of whether it's held in a foreign account or not. But the FBAR/8938 reporting is about the accounts, not the property.

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Mei Lin

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That's actually a good point I hadn't considered. I do have a foreign bank account I use for collecting the maintenance fees and paying property expenses. I'll need to make sure I'm reporting that correctly. Thanks for bringing this up!

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This is a really complex situation that highlights how confusing tax software can be with edge cases. You're absolutely right that TurboTax should have caught this - when you entered "0" for both fair rental days and personal use days, that's mathematically impossible since the property exists somewhere for 365 days. Based on what others have explained here, it sounds like you need to go back and correct your filing. You should enter 365 days for personal use (since below-market rentals to friends/family are considered personal use), which would take you out of the Schedule E rental property track entirely. The good news is that if your maintenance fees are less than your property taxes, you likely don't need to report any income at all. But you should definitely get professional help or use one of the tools mentioned here to make sure you're handling the foreign aspects correctly - there are additional considerations for foreign properties that go beyond just the rental vs. personal determination. Don't feel bad about the confusion - this is one of those areas where the tax code is genuinely unclear and even tax professionals sometimes get it wrong!

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This is such a helpful summary of everything discussed here! I'm definitely going to need to amend my return. One question though - when I go back to correct this in TurboTax, should I completely start over with the rental property section, or is there a way to edit it to change from 0/0 days to 365 personal use days? I'm worried about messing up other parts of my return if I have to delete and restart that whole section. Also, does anyone know if there are penalties for having filed this incorrectly initially? I'm not trying to avoid taxes - I actually reported a loss that I apparently shouldn't have been able to claim anyway. Just want to make sure I handle the correction properly.

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Emily Sanjay

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Don't forget you can deduct mileage for all those deliveries! Standard rate was 67 cents per mile for 2024. Even with just $475 in income, the mileage deduction could potentially offset most of that.

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Jordan Walker

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Is it better to take the mileage deduction or actual car expenses (gas, maintenance, etc)? I never know which one gives you more money back.

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Amina Sow

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For gig work like DoorDash/UberEats, the standard mileage deduction is almost always better than actual expenses. You'd need really high car expenses relative to your miles driven for actual expenses to beat 67 cents per mile. Plus the mileage method is way simpler - you just track miles instead of keeping receipts for gas, oil changes, repairs, etc. The only time actual expenses might be better is if you have an expensive car with high depreciation, but for most delivery drivers, standard mileage is the way to go.

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NeonNinja

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Just to add another perspective - I was in almost the exact same situation last year with about $520 from DoorDash and Instacart combined. No 1099s from either company. I filed using FreeTaxUSA and it was pretty straightforward once I figured out the process. When you get to the self-employment section in TaxAct, look for something like "Other Income" or "Income not reported on tax forms" rather than trying to enter it as if you had a 1099. You'll basically create your own business income entry. I just put "Food Delivery Services" as the business description and entered my total earnings. The key thing is keeping good records of what you actually earned - screenshots from the apps, bank deposit records, whatever you have. And definitely track those miles like others mentioned. I drove about 900 miles total and that mileage deduction basically wiped out most of my self-employment tax liability.

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Jamal Carter

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Has anyone dealt with the reporting requirements for the PERSON WHO PAID the settlement? I'm on the other side of this - I had to pay a settlement last year and am confused about how to report the attorney fees portion on the 1099-MISC I'm issuing.

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Mateo Perez

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Yes, as the payer of a settlement, you should issue a 1099-MISC to the recipient with the full settlement amount. If you paid their attorney directly, you would issue a separate 1099-MISC to the law firm for the attorney fees portion. For the 1099-MISC to the attorney, you'd report the payment in Box 3 as "Other income." For the 1099-MISC to the recipient, you'd include the total settlement amount (including the attorney fees) in the appropriate box depending on the nature of the settlement.

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Just want to add some clarity based on my experience as a tax preparer - the key thing everyone's touching on is correct: if your settlement was SOLELY for physical injuries from your workplace accident, it's likely not taxable under IRC Section 104(a)(2). However, be careful about one thing: if any portion of that $42,500 was for lost wages or punitive damages (rather than just compensating for the physical injury and medical expenses), that portion WOULD be taxable. Check your settlement agreement carefully - sometimes these get lumped together. If it's truly all for physical injuries, you don't report it as income, and the 1099-MISC in Box 3 becomes irrelevant for your tax return. But keep all your settlement documentation because the IRS will have a record of that 1099-MISC being issued to you. Also, even if you determine it's non-taxable, some tax software will still prompt you to enter the 1099-MISC and then allow you to mark it as "not taxable due to physical injury settlement" or similar - this creates a paper trail showing you received and considered the form.

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Omar Hassan

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This is really helpful clarification! I'm dealing with a similar situation and wondering - how do you actually determine what portion of a settlement is for physical injuries versus lost wages? My settlement agreement has some pretty general language about "damages arising from the incident" but doesn't break it down specifically. Would the way the settlement is structured in the agreement affect the tax treatment, or is it more about the underlying facts of what happened?

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StarStrider

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This is exactly the kind of detailed discussion I needed to see! I'm a newcomer to dealing with gambling taxes and had no idea about some of these complications. @Omar Zaki - your situation is very similar to mine. I had about $22K in slot winnings but probably $24K in total wagers throughout the year. Based on what everyone's saying here, I need to report the full $22K as income and then itemize the $22K in losses (not the full $24K since I can only deduct up to my winnings). The part about AGI impact is really eye-opening though. I'm on an income-driven student loan repayment plan, so even though my gambling was essentially break-even after losses, that $22K in winnings is going to bump up my monthly payments significantly. This is something I wish I had known before I started gambling regularly. Does anyone know if there's a way to minimize this AGI impact, or is it just an unavoidable consequence of gambling? It seems like the tax system penalizes gamblers even when they don't actually profit from their activities. Also, for record-keeping - I mostly used my player's card at two different casinos. Would getting annual statements from both casinos showing my total play and win/loss records be sufficient documentation for the IRS?

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Welcome to the gambling tax world! You're absolutely right about reporting the full $22K as income and only deducting up to that amount in losses ($22K, not the full $24K). Unfortunately, there's no way to minimize the AGI impact - gambling winnings must be reported as income before any deductions are applied. This is one of the most frustrating aspects of gambling taxation that catches many people off guard. The system essentially treats you as having "earned" that income even though your net result was break-even or a loss. Your player's card annual statements from both casinos should be excellent documentation! Those statements typically show your total coin-in, total winnings, and net results, which is exactly what the IRS wants to see. Make sure to request detailed annual statements that break down your activity by month if possible. Keep those statements along with any W-2G forms you received for jackpots over $1,200. One thing to consider for future planning - if you know you're going to gamble regularly, you might want to factor in the AGI impact when deciding your gambling budget. The "hidden cost" of higher student loan payments, reduced healthcare subsidies, etc. can add up quickly even if your gambling breaks even. Also make sure to keep a gambling diary going forward with dates, locations, games played, and win/loss amounts for each session. It really helps during tax season!

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Luca Ferrari

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As someone who's been through multiple years of gambling tax reporting, I want to emphasize how important it is to start keeping detailed records RIGHT NOW if you haven't already. I learned this lesson the hard way after getting audited in 2022. The IRS Publication 529 specifically states that you need to maintain a gambling diary with: date and type of gambling activity, name and location of the gambling establishment, names of other people present, and amounts won or lost. This diary becomes crucial evidence if you're ever questioned. One thing I don't see mentioned much is the "professional gambler" designation. If you're gambling frequently enough and treating it like a business (which it sounds like some of you might be), you could potentially qualify to report gambling income and losses on Schedule C instead of as itemized deductions. This would avoid the AGI inflation issue everyone's talking about, but the IRS has very strict criteria for this classification. The professional gambler route requires proving that gambling is your primary source of income, you do it regularly and continuously, and you approach it in a businesslike manner with records and systems. It's a high bar to meet, but for serious players dealing with large volumes, it might be worth consulting a tax professional about. For most recreational gamblers though, the standard approach of reporting winnings as income and itemizing losses on Schedule A is the way to go - just be prepared for those AGI consequences!

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Lena Schultz

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This is incredibly helpful information about the professional gambler designation! I had no idea that was even an option. As someone new to this whole gambling tax situation, the idea of avoiding the AGI inflation sounds very appealing, but I'm definitely nowhere near meeting those criteria. Your point about keeping detailed records starting immediately really hits home. I've been pretty casual about my record-keeping so far - mostly just relying on my casino player's card statements and bank records. Sounds like I need to start that gambling diary you mentioned with all the specific details. One question about the professional gambler route - do you know roughly what volume of gambling activity or what percentage of total income from gambling would typically be needed to qualify? I'm curious if this might be something to consider in future years as my situation develops, or if it's really only for people who are essentially full-time poker players or sports bettors. Also, when you got audited in 2022, what specific documentation did they focus on most? I want to make sure I'm keeping the right kinds of records to avoid any future issues.

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This might be a dumb question but does anyone know a good tax software that handles options trading well? I've been using H&R Block but it seems totally confused by my covered calls and cash-secured puts.

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TurboTax Premier has worked pretty well for me with options trading. It's expensive but worth it if you do a lot of trading. TaxAct is cheaper and also handles options well, but the interface isn't as user-friendly. I've heard really bad things about Credit Karma Tax (now Cash App Taxes) for investment reporting.

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I've been dealing with the same TD Ameritrade 1099-B confusion for years! One thing that really helped me was understanding that the "basis reported to IRS" distinction basically tells you how much work you have to do. When TD reports the basis, they're telling the IRS what you paid - so you just need to make sure your tax software captures the right gain/loss. When they don't report basis, you're on the hook to prove what you paid if the IRS ever asks questions. For your $63k trading volume, definitely pay attention to the wash sale adjustments. TD Ameritrade is pretty good about calculating these, but they only track wash sales within their own system. If you have accounts at other brokers or bought the same securities in a retirement account, you'll need to manually track those wash sales yourself. Also, since you mentioned futures trading - those Section 1256 contracts are actually treated more favorably tax-wise because of that 60/40 long-term/short-term split, regardless of holding period. So even if you held a futures contract for just one day, 60% of the gain gets long-term capital gains treatment. Pretty nice tax advantage compared to regular stock trading!

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Thanks for breaking down the Section 1256 contracts! I had no idea about the 60/40 rule - that's actually really helpful to know. I've been treating my futures gains as all short-term since I usually only hold them for a few days. Quick question though - do you know if this 60/40 treatment applies to options on futures too, or just the actual futures contracts? I sometimes trade options on /ES and /NQ and I'm not sure if those get the same favorable tax treatment or if they're treated like regular equity options. Also, you mentioned tracking wash sales across brokers - is there any good way to do this automatically or do I really need to track it all manually in a spreadsheet?

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