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Dont forget state taxes too! We set up our trust in NY and got hit with extra taxes we didnt expect. some states dont tax trusts at all while others are brutal. mite be worth checking if you should establish the trust in a different state depnding on ur situation.
Another important consideration that hasn't been mentioned yet is the generation-skipping transfer (GST) tax if you're including your sister's children as beneficiaries. Since you mentioned setting up the trust for both your kids and your sister's children, transfers to your sister's kids (who are likely in a different generation than you) could trigger GST tax at a flat 40% rate on amounts exceeding the GST exemption ($13.61 million for 2025). This is separate from gift tax and applies even if you haven't used up your lifetime gift tax exemption. Make sure your attorney structures the trust to allocate GST exemption properly if you're including skip-persons as beneficiaries. It's a complex area that even experienced advisors sometimes overlook during the initial planning phase.
Wow, I hadn't even heard of GST tax before reading this! This is exactly the kind of detail that makes me nervous about setting up a trust without really understanding all the implications. When you say "skip-persons" - does that specifically mean grandchildren, or would my sister's kids count as skip-persons even though they're the same generation as my own kids? Also, is the 40% GST tax rate applied to the entire transfer amount, or just the portion that exceeds the exemption? This seems like something that could completely change the math on whether a trust makes financial sense for our situation.
Has anyone used TurboTax for reporting a rental property sale? I'm in the same situation but having trouble finding where to enter the renovation costs that should be added to basis.
In TurboTax, when you enter the sale of a rental property, there should be a section for "improvements" or "additions to basis" where you can enter those renovation costs. It's in the same section where you enter the original purchase price and selling expenses. Make sure you're using the rental property/business asset sale section, not the personal residence section.
I went through this exact same situation last year with a rental property I sold after renovating it. One thing that really helped me was keeping detailed records of all renovation expenses with receipts and invoices. The IRS wants to see clear documentation that these were capital improvements rather than routine repairs. For the $28,000 in renovation costs you mentioned, make sure you categorize them correctly. Things like new flooring, kitchen remodels, bathroom updates, and structural improvements definitely add to your basis. But routine maintenance like painting touch-ups or fixing broken fixtures typically don't qualify as capital improvements. Also, don't forget about depreciation recapture! Since you depreciated the property from 2016-2022, you'll need to "recapture" that depreciation at a 25% tax rate on Form 4797. The remaining gain gets taxed at capital gains rates. It's more complex than a regular stock sale, but Form 4797 walks you through it step by step. If you're still unsure about any of the details, consider having a tax professional review your return before filing. Rental property sales can have expensive mistakes if not handled correctly.
This is really helpful advice, especially about keeping detailed documentation! I'm new to rental property taxes and didn't realize there was such a distinction between repairs and capital improvements. Quick question - for the depreciation recapture calculation, do I need to go back through all my Schedule E forms from 2016-2022 to add up the total depreciation I claimed? That sounds like it could get complicated if I don't have all my old returns easily accessible. Also, when you mention having a tax professional review the return, do you have any recommendations for finding someone who specializes in rental property sales? My regular tax preparer mainly does simple returns and seemed unsure about Form 4797 when I asked.
Another option to consider is TaxAct - they charge around $25-30 for prior year returns and have a really clean interface for handling older tax years. I used them for my 2021 return that I filed late and was impressed with how they clearly separated the tax rules and forms that were in effect for that specific year. One thing I'd definitely recommend is gathering ALL your documents first before starting any software. Make sure you have your W-2s, 1099s, and any other tax documents from 2022. If you're missing anything, you can request wage and income transcripts from the IRS website which will show what was reported under your SSN for that year. Having everything ready upfront will save you from having to stop mid-process and hunt down missing paperwork. Also, since you mentioned moving across the country, don't forget to check if you need to file state returns for both your old and new states for 2022. Some states have different filing deadlines and requirements for part-year residents.
Great advice about gathering all documents first! I learned this the hard way when I tried to rush through a prior year return and had to start over multiple times. One thing I'd add is to check if your bank or credit union has any records of tax-related transactions from 2022 that might help you identify missing 1099s or other income sources you forgot about. The state tax situation is super important too - I got hit with penalties in my old state because I didn't realize I needed to file there as a part-year resident even though I moved in March. Each state has different rules about when you're considered a resident vs non-resident, so definitely worth researching both states' requirements before you start filing.
Just wanted to add that if you're worried about accuracy with a prior year return, consider using the IRS Free File Fillable Forms option. It's basically electronic versions of the actual tax forms that do basic math calculations for you, but don't guide you through like commercial software does. The advantage is that it's completely free for any tax year they support (including 2022), and you're working directly with the official forms so there's no question about whether the software is applying the right rules for that year. The downside is you need to be more comfortable navigating tax forms yourself. I used this method for my 2020 return that I filed late and it worked perfectly. Just make sure you're using the 2022 version of the forms and instructions, not current year. The IRS website has archived versions of all prior year forms and publications if you need to reference the rules that were in effect back then.
That's a really smart suggestion about using the IRS Free File Fillable Forms! I've been intimidated by doing taxes without software guidance, but for a straightforward return where you're just claiming a refund, it's probably not as complicated as it seems. Do you happen to know if there are any good resources or tutorials for navigating the fillable forms? I'm reasonably comfortable with basic tax concepts but would feel better having some kind of guide to make sure I don't miss anything important or make calculation errors that could delay processing.
This is such a common confusion for new business owners! I went through the exact same thing last year. The QuickBooks notification is misleading because when you set yourself up as an "employee" in the system, it automatically assumes you need all the standard payroll taxes including unemployment. Here's what I learned: as a sole proprietor or single-member LLC (disregarded entity), you're not actually an employee of your business - you're the owner. This means no FUTA (federal unemployment tax) or state unemployment tax on yourself. You literally can't collect unemployment benefits from your own business if you "fire" yourself! The solution is to change your QuickBooks setup from "employee" to "owner" and use owner's draws instead of payroll. You can still schedule regular draws to maintain that consistent income you want - I do mine twice a month and it works great. One important caveat: if you've elected S-Corp status for your LLC, then you ARE considered an employee for tax purposes and would need to pay unemployment tax on your salary portion. But based on your description, it sounds like you're just a standard single-member LLC. Also, don't forget to check your state requirements - some states still want you to register and file zero-dollar reports even when you don't owe anything. Better to be safe than get hit with penalties later!
This is super helpful! I'm in a similar situation but with a twist - I'm a single-member LLC that hasn't elected S-Corp status, but I've been paying myself through payroll instead of owner's draws because I thought it would be easier for budgeting. Sounds like I should switch to owner's draws to avoid these tax complications? Also, do you know if there are any downsides to switching from payroll to draws mid-year, or should I wait until next year to make the change?
You can definitely switch from payroll to owner's draws mid-year! In fact, it's actually better to make the correction sooner rather than later to avoid paying unnecessary payroll taxes for the rest of the year. Since you're a single-member LLC without S-Corp election, you should be reporting your business income on Schedule C anyway, so switching to draws won't complicate your year-end tax filing. The IRS doesn't care whether you took the money as "payroll" or "draws" - it all gets taxed the same way as self-employment income. A few things to keep in mind when making the switch: - You'll need to stop any automatic payroll tax deposits going forward - Make sure to properly account for any payroll taxes you've already paid this year - You might want to increase your quarterly estimated tax payments since you won't have payroll taxes being withheld anymore - Keep good records of your draws for bookkeeping purposes The main advantage of draws is simplicity - no payroll tax calculations, no unemployment tax confusion, and you can take money as needed rather than being locked into a fixed payroll schedule. Just make sure you're setting aside money for taxes since nothing will be withheld automatically!
I actually went through this same situation about 6 months ago! The unemployment tax confusion is so real when you're the only person in your business. One thing that really helped me was understanding that QuickBooks defaults to treating everyone as a "regular employee" which triggers all the standard payroll tax requirements, including unemployment tax. But as others have mentioned, if you're a sole proprietor or single-member LLC (not electing S-Corp), you're technically the owner, not an employee. What I did was switch my QuickBooks setup to classify myself as the owner and started taking regular owner's draws instead of payroll. I still maintain that consistent income you mentioned - I just schedule my draws for the same dates I used to run payroll. The best part is no more confusing tax notifications! One tip: when you make the switch, make sure to adjust your quarterly estimated tax payments since you won't have taxes automatically withheld anymore. I learned that the hard way and had to scramble at year-end. Also, definitely double-check your state requirements like others mentioned. Some states are sneaky about still wanting registration and zero-dollar filings even when you don't owe anything. Better to spend 10 minutes checking now than deal with surprise penalties later!
This is exactly the guidance I needed! I've been stressing about this for weeks. Quick question though - when you switched from payroll to owner's draws, did you have to do anything special with your business bank account setup? I currently have QuickBooks automatically transferring my "salary" from business to personal checking, and I'm wondering if I need to change how that's categorized in my books or if I can just keep the same transfer schedule but call it draws instead of salary? Also, you mentioned adjusting quarterly estimated taxes - do you have a rough rule of thumb for how much to set aside from each draw? I know it varies by income level, but just looking for a ballpark to start with until I can get with my accountant.
Javier Morales
Harold, you're dealing with a pretty common situation that catches a lot of business owners off guard. Just to add to what others have mentioned - the key thing to remember is that Section 179 doesn't change the ownership or classification of your vehicle, it just affects how you deduct it for taxes. Once it's paid off, you absolutely need to keep tracking business vs personal use if you want to maintain any tax benefits. The IRS doesn't care about your loan status - they care about actual usage. If you start using it 50/50 for personal trips, you can only deduct 50% of ongoing expenses like maintenance, gas, insurance, etc. For the business sale scenario, the truck is an asset that would need to be explicitly included in the sale agreement. It doesn't automatically transfer just because you took Section 179. And yes, if you sell it before the 5-year recovery period ends, you'll likely face recapture taxes on any gain. My advice? Start documenting everything now - mileage logs, business purpose for each trip, maintenance records. That way you're covered whether you keep using it for business, start mixing personal use, or eventually sell. The IRS loves good documentation!
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Fiona Gallagher
ā¢This is really helpful, Javier! I'm new to business ownership and just bought equipment for my consulting firm. I'm planning to take Section 179 this year, but reading Harold's situation has me wondering - should I be setting up tracking systems from day one? I don't want to get caught off guard like Harold did when it comes time to potentially change usage patterns or sell assets later. What's the best way to document everything from the start?
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Freya Christensen
ā¢Absolutely start tracking from day one, Fiona! I learned this the hard way with my own business. Set up a simple mileage log (even a smartphone app works) and record the business purpose for every trip. For equipment, keep purchase receipts, maintenance records, and document any time you use it for non-business purposes. The key is consistency - don't wait until you need the records to start keeping them. I use a basic spreadsheet that tracks date, mileage, business purpose, and any expenses. Takes maybe 2 minutes per trip but saves hours of headaches later. Also consider setting up separate business and personal use percentages from the beginning, even if you think you'll use it 100% for business. That way if your usage changes later (like Harold's situation), you already have the documentation patterns established. Much easier than trying to recreate records years later when the IRS comes asking!
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Paolo Longo
Harold, I went through almost the exact same situation with my construction business truck last year! One thing I learned that might help you - even after it's paid off, the IRS still considers the vehicle to be in its "recovery period" for Section 179 purposes, which is typically 5 years from when you placed it in service. This means you need to be extra careful about personal use during this time. If you originally claimed 100% business use for the Section 179 deduction but then start using it for family trips, you could trigger what's called "recapture" - essentially having to pay back part of the tax benefit you received. My accountant recommended establishing a clear business use percentage now (like 80% business, 20% personal) and sticking to it consistently. That way you avoid any surprises later and can still have some flexibility for personal use. Just make sure to keep detailed mileage logs showing the split. For the business sale, definitely get professional advice because the vehicle could affect the sale price and tax implications. The new owner might want to negotiate based on whether they can benefit from any remaining depreciation or if there are potential recapture issues they'd inherit.
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