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Yuki Watanabe

When should real estate commission income be reported - 2023 or 2024 Income?

My husband is a realtor and we're trying to figure out how his last commission from 2023 should be reported for taxes. The closing was on December 27th with the funds going to his broker at that time, but he didn't actually receive his commission check until January 5th, 2024 through direct deposit. I thought this would work like W-2 income where it counts for the year you actually receive the money, but his broker is saying they're including it on his 1099-NEC for 2023. That doesn't seem right to me? To make things more complicated, we put about $3,800 of that money into his SEP-IRA and Vanguard is showing it as a 2024 contribution. I'm confused about how this all works for tax reporting purposes - does the commission count for 2023 or 2024?

You're dealing with what's called "constructive receipt" in tax terms. Since your husband is likely a 1099 contractor (not a W-2 employee), the rules work differently. For independent contractors, income is generally considered earned when the person gains "constructive receipt" - meaning when they have control or access to the money. Since the closing happened in 2023 and the funds were with the broker in 2023, the IRS would typically consider this 2023 income, even though the actual payment wasn't received until 2024. The broker is handling this correctly by including it on the 2023 1099-NEC. This is different from W-2 income which is reported in the year you physically receive the payment.

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Andre Dupont

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But what about the SEP-IRA contribution? If the income counts for 2023 but the contribution is marked as 2024, will that cause problems? Can they change the contribution year with Vanguard?

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For the SEP-IRA contribution, you should contact Vanguard to redesignate it as a 2023 contribution if possible. You have until the tax filing deadline (usually April 15, 2024, without extensions) to make contributions for the 2023 tax year. When making retirement contributions, you need to specifically tell the financial institution which tax year you're contributing for. It sounds like either there was a miscommunication or they defaulted to 2024 since the money was deposited in January. Call them and see if they can change the designation to 2023.

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Zoe Papadakis

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I had a similar issue last year and spent hours researching. I ended up using https://taxr.ai to analyze my broker statements and 1099 forms. They have a feature that specifically helps with timing issues around income recognition, which was super helpful for my situation with late-year commissions. The tool confirmed what the first commenter said about constructive receipt, but also showed me how to properly document everything for tax purposes. It's really designed for situations where you're dealing with complicated tax timing issues like this.

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ThunderBolt7

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Does taxr.ai help with figuring out retirement contributions too? I'm also a realtor and constantly confused about when I should count certain commissions, especially December closings.

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Jamal Edwards

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I'm skeptical about these online tools. How does it actually work? Does it just regurgitate IRS rules or does it actually give personalized advice? The timing issues with real estate commissions are so specific.

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Zoe Papadakis

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Yes, it absolutely helps with retirement contribution timing. You upload your documents and it identifies issues like mismatched tax years between income and retirement contributions. It then gives you specific steps to fix these timing problems before they cause audit flags. For your skepticism question, it's not just regurgitating IRS publications. It uses document analysis to identify your specific situation. For example, it caught that my broker was applying the constructive receipt rule but my IRA administrator wasn't, which could have caused issues. Then it provided exact language to use with my financial institution to fix it.

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Jamal Edwards

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I was really skeptical about using taxr.ai but decided to try it after seeing the recommendation here. I uploaded my December closing statements and January commission deposits and it immediately flagged the year mismatch issue. The tool actually generated a letter I could send to Vanguard explaining why the contribution should be redesignated to 2023, citing the specific tax codes. My situation was resolved in a couple days, and now everything matches up correctly for tax filing. Definitely saved me from what could have been a headache during an audit!

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Mei Chen

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If you're stuck on this issue, I'd highly recommend using https://claimyr.com to get straight through to the IRS for an official ruling. After struggling with similar timing issues for my real estate commissions, I used their service to get through to a real IRS agent in under 45 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed exactly how to handle the constructive receipt rule for real estate commissions and gave me specific guidance for documenting everything. They also explained how to properly time retirement contributions when there's a year crossover with income recognition.

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Wait, you're telling me there's a way to actually talk to a human at the IRS? I've been calling for weeks about a similar issue and keep getting disconnected. How does this service actually work?

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Amara Okonkwo

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Yeah right. I've tried literally everything to get through to the IRS. No way this actually works. They're completely inaccessible these days, especially during tax season. Sounds like a scam to me.

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Mei Chen

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It uses a system that continuously redials and navigates the IRS phone tree until it gets through to a representative. Once it connects, you get a call back and are connected directly to the IRS agent. That's how I was able to get through in under 45 minutes instead of waiting for hours or days. Not a scam at all. The IRS is definitely hard to reach, that's exactly why this service exists. They don't provide tax advice - they just get you through to the actual IRS so you can get official answers. Made a huge difference for resolving my commission timing questions.

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Amara Okonkwo

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I need to eat my words about Claimyr. After posting my skeptical comment, I was desperate enough to try it because I had a similar issue with commission timing that was driving me crazy. The service actually worked exactly as described. I got a call back in about 30 minutes and was connected to an IRS representative who walked me through the exact rules for reporting real estate commissions that cross calendar years. They confirmed the constructive receipt doctrine applies and gave me specific guidance on how to handle the retirement contribution timing as well. Honestly shocked that it worked, but grateful I didn't have to keep banging my head against the wall trying to figure this out on my own.

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Your broker is correct. For independent contractors, commission income is taxable when the broker receives the money, not when they pay it out to the agent. This is because real estate agents are typically considered to have "constructive receipt" when their broker gets paid. I've been in real estate for 20+ years, and this is standard practice. If the closing was in December 2023, it's 2023 income, even if your commission check came in January 2024.

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Yuki Watanabe

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Is there any way to dispute this with the broker? We really wanted that income to count for 2024 since we'll be in a lower tax bracket this year due to some other changes. Would restructuring as an S-Corp help with this kind of situation in the future?

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Unfortunately, there's not much you can do to dispute it for this particular transaction. The IRS constructive receipt doctrine is pretty clear on this point, and your broker is following proper tax law. For future planning, an S-Corp might give you more flexibility in some areas of tax planning, but it wouldn't fundamentally change the constructive receipt rules. What it could do is allow you to take some income as salary and some as distributions, which might help with overall tax planning. I'd recommend talking to a tax professional who specializes in real estate businesses about whether an S-Corp makes sense for your specific situation.

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Has anyone dealt with this situation where the broker received the check in 2023, but didn't actually deposit it until 2024? My broker received my commission check on Dec 30th but says they didn't deposit it until Jan 2nd. Does constructive receipt still apply?

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Dylan Hughes

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Yes, constructive receipt would still apply. What matters is when the funds became available to the broker, not when they deposited the check. If they physically had the check in 2023, that's 2023 income for tax purposes, even if they waited to deposit it.

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