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Has anyone used a 1031 exchange when selling a rental that was previously their primary residence? I'm in the exact same boat (lived in house 18 years, rented it out for 7 years, now selling) and wondering if I can defer the gains by buying another investment property.
Yes, you can absolutely do a 1031 exchange with a former primary residence that's now a rental. The property just needs to be investment property at the time of sale and have been used as such (not personal) before selling. The 5+ years as a rental should qualify easily. Just remember you have 45 days after selling to identify potential replacement properties and 180 days to complete the purchase. Also need to use a qualified intermediary to hold the funds - you can't touch the money yourself or the exchange will be disqualified.
This is a really complex situation that trips up a lot of people! Just to clarify a few key points that might help: 1. Your basis for calculating gain will be your original purchase price plus any capital improvements made during the entire ownership period (both personal and rental use). 2. The depreciation you've been taking for 5+ years will need to be "recaptured" when you sell - this means you'll pay tax on that depreciation at a 25% rate regardless of your regular capital gains rate. 3. Since you moved out more than 3 years ago, you unfortunately won't qualify for the $250K/$500K capital gains exclusion that applies to primary residences. 4. The good news is that any capital improvements you made during ALL 25 years of ownership (not just the rental period) will increase your basis and reduce your taxable gain. Make sure you have good records of the fair market value when you converted to rental - even if it's just comparable sales data or tax assessments from that time. The IRS may ask for documentation if audited. Consider consulting with a tax professional given the complexity and potential tax implications!
This is really helpful, thanks for breaking it down so clearly! I'm in a similar situation but only converted my home to rental 3 years ago. One question - you mentioned that capital improvements from ALL 25 years count toward basis. Does that include things like a new roof or HVAC system I installed while I was still living there as my primary residence? I always thought those only counted if done during the rental period. Also, when you say "recapture" the depreciation at 25% - is that 25% of the total depreciation I claimed, or is the depreciation taxed at a 25% rate? I want to make sure I'm calculating this correctly for my own situation.
Great question about structured settlements! Yes, you do have to wait to receive the full amount, but there are some considerations beyond just the tax savings. The main downsides are: 1) You lose investment opportunity on the delayed payments - if you could invest a lump sum and earn more than the tax savings, that might be better financially, 2) Inflation reduces the real value of future payments, and 3) You're essentially lending money to the defendant with no guarantee they'll remain solvent. However, the upsides can be significant: Beyond the tax bracket management I mentioned, structured settlements also provide guaranteed income streams and remove the temptation to spend a large lump sum unwisely. In my case, the tax savings of $38k over 3 years made it worthwhile, especially since the payments were guaranteed by an annuity company rather than relying on the defendant's future financial stability. For your situation with potential $750k settlement, definitely run the numbers both ways. The tax bracket smoothing could be substantial, but factor in what you could potentially earn by investing a lump sum versus the guaranteed tax savings from spreading the income.
This is really valuable information about structured settlements that I hadn't considered. Given that our case involves both me and a co-plaintiff, would we each have the option to structure our portions differently? For instance, could I choose a structured settlement while the other plaintiff takes a lump sum? Also, when you mention the payments being guaranteed by an annuity company rather than the defendant - is that something that gets negotiated as part of the settlement, or is it a standard practice? I want to make sure I understand all the protections in place before committing to delayed payments.
Yes, absolutely! Each plaintiff can structure their settlement portion differently. In multi-plaintiff cases like yours, the settlement agreement typically allows individual choices about payment structure. So you could opt for a structured settlement while your co-plaintiff takes a lump sum, or vice versa. Regarding the annuity guarantee, this is definitely something to negotiate as part of the settlement terms. Standard practice is for the defendant (or their insurance company) to purchase a qualified structured settlement annuity from a highly-rated life insurance company. The annuity company then becomes responsible for the payments, not the original defendant. This provides much better security than relying on the defendant's long-term financial stability. Make sure your settlement agreement specifies: 1) The annuity must be purchased from an A-rated or higher insurance company, 2) The annuity is non-assignable (protects you from creditors), and 3) Clear payment schedules with no acceleration clauses that could trigger immediate taxation. Your attorney should be familiar with structuring these arrangements, but it's worth discussing early in negotiations since it affects how the settlement documents are drafted.
One important consideration that hasn't been fully addressed is the timing of when you'll actually receive the various tax forms. In my experience with a similar discrimination settlement, the W-2s for wage components came from the employer in January like normal, but the 1099s for other damages came from the defendant's attorney or insurance company - sometimes much later in the tax season. This created some complications because I needed to file my return but was still waiting for the 1099s. Make sure your settlement agreement specifies deadlines for when all tax documents must be provided to you, ideally by January 31st so you're not stuck waiting to file your taxes. Also, keep detailed records of all medical expenses, therapy costs, and other damages you incurred due to the discrimination. Even if those aren't directly part of the settlement, they may be deductible medical expenses on your return. The emotional distress from workplace discrimination often leads to legitimate medical costs that people forget to track and deduct. Finally, consider consulting with a tax professional who specializes in lawsuit settlements before finalizing the agreement. The few hundred dollars spent on expert advice could save you thousands in taxes and prevent headaches during filing season.
This is excellent advice about the timing of tax documents! I hadn't thought about the potential delays in receiving 1099s from different parties. Given that our settlement involves multiple components and parties, should we also request that the settlement agreement specify exactly which entity (employer, defendant's attorney, insurance company) is responsible for issuing each type of tax form? Also, regarding the medical expense deduction you mentioned - do therapy and counseling costs related to workplace discrimination qualify even if they occurred before the settlement was finalized? I've been seeing a therapist since this whole ordeal began, and those costs have been substantial.
Make sure you've updated your name with ALL these places too or you'll have a nightmare at tax time: - Social Security Administration (sounds like you did this) - Your employer's HR department for W-2 purposes - Any banks or investment accounts that issue 1099s - State tax authority - Any retirement accounts - Property records if you own real estate I learned this the hard way after changing my name. The W9 for Capital One is just one piece - if these other places have different versions of your name, it creates red flags in automated matching systems.
This is great advice! I'd add the DMV and passport office to that list too. Having your ID match your tax documents makes life so much easier.
Just went through this exact situation last month! Since you've already updated your name with the Social Security Administration and have your new card, you're in good shape. Simply fill out the W9 with your current legal name (new first and middle name) exactly as it appears on your updated Social Security card. The key thing to remember is that the IRS tracks everything by your SSN, not your name. As long as your SSN and name match what's in the Social Security Administration's records, you won't have any issues. I'd recommend including a copy of your legal name change documentation with the W9 when you submit it to Capital One - not because it's required, but because it helps prevent any confusion on their end if they have older records under your previous name. This extra step can save you from potential follow-up questions or delays in processing your credit card application. The W9 form's instructions focus on last name changes because those are more common and can affect how businesses search for you in their systems, but the same principle applies to any legal name change - just use your current legal name and you're all set!
This is really helpful! I'm actually in a similar situation - I changed my first name about 6 months ago and have been putting off dealing with some financial paperwork because I wasn't sure how to handle it. It's reassuring to know that the SSN is the main tracking mechanism and that including the name change documentation is just a precaution rather than a requirement. Did you run into any issues with other financial institutions during your name change process, or was it pretty straightforward once you had everything updated with SSA?
As someone who just went through this exact process last month with my German-owned LLC, I can confirm that the $500 estimate is pretty accurate if you handle most of it yourself with online tools. Here's my actual breakdown: - State dissolution filing (Delaware): $220 - taxr.ai subscription for the tax forms: $89 - Bank account closure fees: $25 Total: $334 The taxr.ai platform absolutely handled the Form 5472 and pro forma Form 1120 - that's exactly why I chose it after reading similar threads. It walked me through each section and even caught a mistake I made in the ownership percentage reporting. The system is specifically designed for these foreign ownership scenarios. What really impressed me was how it handled the timing. It recommended I complete all tax filings before submitting the state dissolution paperwork, which several people here have mentioned is important. The platform also generated a dissolution checklist specific to my state's requirements. One tip: start with the free assessment on taxr.ai to see exactly which forms your brother needs before committing to anything. In my case, it confirmed I needed the 5472/1120 combo plus a final 1040-NR, but it might be different depending on his specific situation and the state where the LLC was formed. The $25,000 penalty is real and they're not kidding about enforcement - I know someone who got hit with it two years after their "ghost dissolution" attempt. Worth every penny to do this right.
@Lucas Adams This breakdown is incredibly helpful - thank you for sharing the actual costs! It s'reassuring to see that doing everything properly really can be done for under $500. I m'particularly interested in your mention of the timing recommendation from taxr.ai about completing tax filings before state dissolution. Can you clarify why that order matters? I want to make sure I understand this correctly before advising others. Also, did you run into any complications with the bank account closure? I m'wondering if Wise which (the original poster mentioned has) any specific requirements for business account closures when the entity is being dissolved. The free assessment feature sounds like a smart starting point - it would definitely help people understand their specific obligations before committing to any paid services.
I've been lurking in this community for a while and finally decided to jump in because this thread perfectly captures the confusion I had when closing my own foreign-owned LLC earlier this year. What strikes me most about all the advice here is how consistent everyone is about NOT taking the "ghost dissolution" route. I almost made that mistake myself - it seems so tempting when you're broke and the business failed, but the potential consequences are genuinely scary. One thing I haven't seen mentioned yet is the importance of properly closing any business bank accounts AFTER you handle the tax filings but BEFORE the state dissolution is complete. I learned this the hard way when my bank froze my account mid-dissolution because they couldn't verify the entity status. Had to provide them with copies of all the tax filings to prove everything was being handled properly. For anyone considering the DIY route with online tools, I'd also recommend keeping detailed records of every step you take. Screenshot confirmations, save all PDF copies, keep email receipts - basically create a paper trail that proves you handled everything by the book. If the IRS or state ever questions something years later, having that documentation is invaluable. The foreign ownership reporting requirements really are as complex as everyone is saying, but they're not impossible to navigate if you use the right resources and don't try to cut corners. Better to spend a few hundred dollars now than potentially deal with five-figure penalties later.
Miguel Ramos
Great question about maximizing your tax benefits! Since you're already spending $18,500 annually on daycare for your twins, you're definitely leaving money on the table by not using the Dependent Care FSA. Here's my recommendation: Absolutely enroll in the FSA for the full $5,000. This will save you taxes on that amount at your marginal tax rate plus FICA taxes (about 7.65%), which is typically much better than the Child Care Tax Credit alone. For your tax filing, you'll report your total daycare expenses ($18,500) but then subtract the $5,000 you received from the FSA. This leaves $13,500 in out-of-pocket expenses. You can then claim the Child and Dependent Care Tax Credit on up to $6,000 of those remaining expenses ($3,000 per child for two kids). One tip: Make sure to save ALL your daycare receipts throughout the year, not just the year-end statement. Some FSA administrators require detailed receipts for reimbursement. Also, submit your FSA claims regularly rather than waiting until the end of the year - you can get reimbursed for expenses even before you've contributed the full amount to your account. With your spending level, using both benefits together will definitely give you the maximum tax savings. Don't wait - get that FSA enrollment done before the deadline!
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Andrew Pinnock
ā¢This is exactly the advice I needed! Just to confirm my understanding: I pay $18,500 total, use FSA for $5,000 of it (saving me taxes on that amount), then claim the child care credit on $6,000 of the remaining $13,500 out-of-pocket expenses. So I'm getting tax benefits on $11,000 total ($5,000 FSA + $6,000 credit) out of my $18,500 spending. Quick question about the receipts - does the FSA administrator typically want the actual daycare invoices, or is a simple receipt showing payment date and amount sufficient? My daycare gives me both, so I want to make sure I'm submitting the right documentation. Also, since open enrollment ends next week, is there anything else I should consider or any other dependent care benefits I might be missing?
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StarSailor
Perfect timing on asking this question! As someone who works in HR benefits administration, I can confirm that your understanding is exactly right - you'll get tax benefits on $11,000 total out of your $18,500 spending. For FSA receipts, most administrators prefer detailed invoices that show the service provider, dates of service, amount, and what the payment was for (i.e., "childcare services"). Simple payment receipts sometimes get rejected if they don't clearly show it was for qualifying dependent care expenses. Since your daycare provides both, I'd recommend submitting the detailed invoices to avoid any back-and-forth. A couple other things to consider before open enrollment closes: 1. Check if your employer offers a "grace period" (up to 2.5 months into the following year to use remaining FSA funds) or allows a small carryover ($640 for 2025). This gives you more flexibility. 2. Some employers also offer backup childcare benefits or childcare referral services that might be worth looking into. 3. If you have other kids or dependents, remember that the FSA can also cover elder care expenses for qualifying family members. 4. Consider setting your FSA deduction to come out of your largest paychecks if your pay varies - this can help with cash flow since you can get reimbursed before you've contributed the full amount. With twins in daycare, the FSA is definitely a no-brainer. You're going to save significant money!
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Adrian Hughes
ā¢This is incredibly helpful - thank you! I had no idea about the grace period option, that's definitely something I'll ask HR about. The detailed invoice requirement makes total sense too, I'll make sure to submit those rather than just the payment receipts. One follow-up question: you mentioned elder care expenses can also use the FSA - does that count toward the same $5,000 limit, or is there a separate allocation? My mother-in-law occasionally helps with babysitting when we travel for work, and I'm wondering if those payments could qualify since she's providing dependent care services.
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