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Just to add another perspective - don't forget about depreciation recapture if you ever claimed any business deductions related to the car! Even if you used it for occasional business purposes or claimed it as a business asset, you might need to recapture some depreciation as ordinary income before applying capital gains treatment to the remaining profit. Also, keep detailed records of EVERYTHING - purchase price, improvement costs, restoration receipts, insurance appraisals, even photos showing the car's condition over time. The IRS can be pretty strict about documentation for collectible vehicles, especially with gains this substantial. If you don't have all your receipts, try to reconstruct what you can through bank statements, credit card records, or invoices from shops that worked on the car. One more tip: consider the timing of your sale. If you're expecting a lower income year coming up, it might be worth waiting to keep yourself in a lower tax bracket overall.

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This is such great advice about the depreciation recapture! I hadn't even thought about that possibility. Quick question - if someone only used their classic car for a few car shows or maybe drove it to a business event once or twice, would that still count as business use that could trigger depreciation recapture? I'm wondering how strict the IRS is about what qualifies as "business use" versus just casual ownership of a collectible vehicle. Also, your point about timing the sale is really smart. With a $40k gain, that could definitely bump someone into a higher tax bracket depending on their other income. Has anyone here had experience with spreading out a large collectible sale across multiple tax years to manage the tax impact?

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NebulaKnight

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The depreciation recapture question is actually really important and often overlooked! Even minimal business use can trigger recapture requirements. The IRS looks at whether you ever claimed ANY depreciation or business deductions related to the vehicle - it doesn't matter if it was just occasional use for car shows or business events. If you claimed even a small percentage as business use on any tax return, you'll need to recapture that depreciation as ordinary income (taxed at your regular tax rate, not the capital gains rate) before applying capital gains treatment to the remaining profit. Regarding spreading the sale across tax years - this is tricky with vehicles since you typically can't do an installment sale unless the buyer agrees to specific payment terms. However, if you can structure it as an installment sale (getting payments over multiple years), you can spread the gain recognition across those years. Just make sure you charge adequate interest and follow the installment sale rules properly. Another timing consideration: if you're close to the end of the year and expecting lower income next year, it might be worth waiting. But remember, the collectible 28% rate is already relatively high compared to regular capital gains, so the bracket management benefit might be less significant than with ordinary income.

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This is incredibly helpful information about depreciation recapture - I had no idea that even minimal business use could trigger this requirement! As someone new to selling collectibles, I'm wondering about the documentation requirements for proving business use versus personal use. If someone kept a classic car in their garage for 6 years and occasionally drove it to a car show, how would they even prove to the IRS what percentage was business versus personal use? Also, regarding the installment sale option - are there any minimum payment periods required, or could someone theoretically structure it as payments over just 2-3 years to spread the tax impact? I'm trying to understand all the options before potentially making a similar sale myself.

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This is a complex situation that requires careful consideration of multiple factors. As others have mentioned, the IRS scrutinizes self-rental arrangements closely, especially when personal use is involved. Here are the key issues to consider: 1. **Business Purpose Test**: The arrangement must have a legitimate business purpose beyond tax savings. Since you're primarily using it for personal transportation, this could be problematic. 2. **Fair Market Value**: Any rental payments must reflect what you'd pay an unrelated party for similar use. 3. **Documentation**: You'll need formal lease agreements, proper insurance coverage, and detailed mileage logs to support any business use claims. 4. **Passive Activity Rules**: As mentioned by others, the self-rental rules under Section 469 could affect how income and losses are treated. 5. **Liability Protection**: Mixing personal and business use without proper documentation could pierce your LLC's corporate veil. Given these complexities, you might want to consider simpler alternatives: - Keep personal vehicles separate and use standard mileage deduction for business trips - Purchase the vehicle personally and lease it TO your LLC if you have legitimate business use - Consult with a tax professional who specializes in small business taxation The potential audit risks and complexity may outweigh any tax benefits, especially if personal use exceeds business use significantly.

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Oliver Cheng

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This is really helpful, thank you for breaking down all the key issues! I'm starting to think this might be more trouble than it's worth. Just to clarify on one point - when you mention purchasing the vehicle personally and leasing it TO the LLC, wouldn't that create the same self-rental issues you mentioned earlier? Or is there something different about that arrangement that makes it more legitimate from a tax perspective?

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Great question! You're right that leasing TO the LLC can still trigger self-rental issues, but the key difference is the direction of the benefit and legitimate business purpose. If you lease your personal vehicle TO your LLC for legitimate business use (like delivering rental cars, meeting clients, etc.), the LLC pays you rental income and can deduct it as a business expense. The rental income you receive is taxable, but the business gets a legitimate deduction for actual business use. The problematic scenario in the original post was buying through the LLC and then "renting back" for primarily personal use - that's trying to convert personal expenses into business deductions, which is what triggers IRS scrutiny. The "personal to LLC" lease works better when: - The LLC has genuine business need for the vehicle - Rental rate reflects fair market value - Business use is properly documented - You're not trying to write off personal transportation costs But honestly, for most small operations, the standard mileage deduction on business trips using your personal vehicle is usually the cleanest approach. Less paperwork, fewer audit risks, and often comparable tax benefits without the complexity.

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NebulaNova

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I went through this exact situation with my consulting LLC last year. The complexity and potential risks really aren't worth it for primarily personal use vehicles. What I ended up doing was keeping my personal car separate and just tracking business miles with a simple app on my phone. For legitimate business trips (client meetings, picking up supplies, etc.), I claim the standard mileage deduction. It's clean, simple, and audit-friendly. The "rent from my own LLC" approach creates so many potential issues - insurance complications, documentation requirements, passive activity rule complications, and the IRS red flags that everyone mentioned. Plus, if you're audited, you'll spend way more on accounting fees defending the arrangement than you'd ever save in taxes. One other consideration nobody mentioned: if your LLC already has 4 rental vehicles, adding a 5th that's primarily for your personal use could affect your business classification with the IRS. They might start questioning whether this is truly a rental business or just a way to write off personal expenses. My recommendation? Keep it simple. Buy your personal replacement car personally, track your actual business miles, and take the standard deduction. You'll sleep better at night and avoid potential audit headaches.

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Lily Young

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This is exactly the kind of practical advice I was hoping to find! As someone new to business taxation, I really appreciate hearing from people who've actually been through this situation. The point about potentially affecting your business classification is something I hadn't even considered - that could create way bigger problems than just the vehicle deduction issue. I'm curious though - what app do you use for tracking business miles? I've been looking for something simple that would work well for audit documentation. Also, have you ever been questioned about your mileage deductions, or is it pretty straightforward as long as you keep good records? The more I read through this thread, the more I'm leaning toward your approach. It seems like the "keep it simple" philosophy is the way to go, especially when you're dealing with the IRS!

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I'm going through this exact same situation right now with my new S Corp! Reading through all these responses has been incredibly helpful. It's such a relief to see the consensus that you don't need to file Form 941 until you actually start paying wages. The Form 8822-B recommendation keeps coming up and seems like a no-brainer - definitely adding that to my immediate to-do list. I'd rather be proactive about preventing IRS confusion than deal with notices later. One thing I'm curious about that I haven't seen addressed - for those of you who have S Corps but haven't started paying wages yet, are you doing anything special with bookkeeping or accounting during this "zero wage" period? I'm tracking business expenses and keeping everything separate, but wondering if there are other best practices I should be following to stay organized for when I do start generating revenue. Also, the state-specific requirements mentioned by @Zainab Ismail are definitely something I need to research further. I'm in Florida, so I'll need to check if there are any state-specific S Corp payroll registration requirements here. Thanks to everyone who shared their experiences - this has been way more helpful than the conflicting advice I was getting elsewhere!

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Sofia Ramirez

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@Scarlett Forster Great question about bookkeeping during the zero-wage period! I m'in a similar boat and have been using QuickBooks to track everything even though there s'minimal activity. I set up separate accounts for business expenses, any equipment purchases, and professional services like (legal/accounting setup costs .)Even though you re'not generating revenue yet, keeping detailed records of your startup expenses is crucial - many of these can be deducted as business expenses on your 1120-S when you file. I m'also tracking mileage for any business-related travel and keeping receipts for everything business-related, no matter how small. For Florida, you re'lucky - from what I understand, FL doesn t'have state income tax so the payroll requirements should be simpler than states like California or New York. But definitely double-check the unemployment insurance and workers comp' requirements when you do start paying wages. The Form 8822-B filing really does seem like a smart preventive move based on everyone s'advice here. Better to spend 30 minutes on that form now than deal with IRS notices later!

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Rachel Tao

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I'm a fellow new S Corp owner and went through this exact same confusion about 3 months ago! After reading through all the great advice here and doing my own research, I can confirm you absolutely do NOT need to file Form 941 until you actually start paying wages to yourself or employees. What really helped me was calling the IRS directly (using one of the callback services mentioned here actually - saved me hours of hold time) and getting official confirmation. The agent was very clear that the Form 941 requirement is triggered by wage payments, not by S Corp election. Here's what I ended up doing based on similar advice: - Filed Form 8822-B to update my business info with the IRS (as @Natalia Stone suggested) - this was a game changer for peace of mind - Set up proper bookkeeping even with zero activity to track startup expenses for future deductions - Made sure I'm staying on top of the annual 1120-S filing requirement (due March 15th for calendar year S Corps) - Researched "reasonable compensation" requirements for when I do start paying myself For anyone hesitant about the Form 8822-B filing - it literally took me 15 minutes and potentially saved me from years of IRS notices about "missing" 941s. Totally worth it. The waiting period while building clients is actually perfect for getting all this administrative stuff sorted out. Hang in there - once the revenue starts flowing, you'll be glad you have all these compliance pieces figured out in advance!

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Sienna Gomez

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This is such a comprehensive summary of what to do during the startup phase! I'm bookmarking this thread for future reference. Your experience with the IRS callback service is really encouraging - I've been dreading trying to call them directly because of the horror stories about wait times. The March 15th deadline for 1120-S is a great reminder too. Even though we're not generating income yet, missing that annual filing could cause major headaches with maintaining S Corp status. One follow-up question - when you filed the Form 8822-B, did you get any kind of confirmation from the IRS that it was processed? I want to make sure there's some record that I've notified them about not having employees yet, in case questions come up later about missing 941s. Thanks for sharing your timeline and action items - it's exactly the kind of practical roadmap I needed to feel confident about moving forward!

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I think there's some confusion here about business deductions vs. tax credits for education. If you're taking courses to advance your career (like getting a higher degree), you might qualify for the Lifetime Learning Credit which wasn't affected by the tax law changes. It's worth up to $2,000 and is available even for W2 employees. It's different from deducting work expenses and has its own rules about what qualifies.

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I looked into the Lifetime Learning Credit for my nursing CEUs but was told it only applies to courses taken at eligible educational institutions, usually colleges or universities. Most of my continuing ed is through professional organizations and online platforms that don't qualify. Has anyone successfully used this credit for regular CEUs?

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You're absolutely right about the Lifetime Learning Credit limitations! I ran into the same issue when I tried to claim it for my pharmacy technician continuing education requirements. The credit only applies to qualified educational institutions that are eligible for federal student aid programs, which excludes most professional CE providers, online platforms, and industry organizations. However, there's one workaround I discovered: some community colleges and universities now offer continuing education programs specifically designed for healthcare professionals that DO qualify for the Lifetime Learning Credit. For example, my local community college partners with our state nursing association to offer CE courses that meet licensing requirements but are delivered through the college system. It's worth checking with colleges in your area to see if they offer any CE programs in your field. The courses might cost slightly more than traditional CE providers, but the tax credit can make up for the difference. Plus, you get the same credits toward your license renewal. Not a perfect solution since it limits your CE options, but it's one way to still get some tax benefit for required education expenses as a W2 employee.

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Layla Mendes

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This is really helpful information! I had no idea that some community colleges were partnering with professional associations like this. As someone new to navigating these tax changes, I'm wondering - do you know if there are any resources to help find which colleges in your area offer these qualifying CE programs? I'm a medical assistant and my required CE hours are coming up, so this could be a game-changer for me if I can find the right programs.

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One thing that helped me with my eBay 1099-K was creating a simple spreadsheet to track everything. I made columns for: Item Sold, Sale Price, Original Cost (if I could remember/find receipts), eBay Fees, Shipping Cost, and whether it was a personal item or business inventory. The key insight I learned is that the IRS doesn't expect you to have perfect records for personal items you bought years ago. If you sold old clothes, electronics, or household items at a garage sale price, you can reasonably estimate the original cost. For example, if you sold a jacket for $25 that you originally bought for $80, that's clearly a non-taxable personal loss. Just make sure your estimates are reasonable and conservative. The IRS is more concerned with people not reporting obvious business income than they are with someone who sold their old iPhone for less than they paid for it. Document your reasoning and keep any receipts you do have - even credit card statements showing when you bought something can help establish the original cost.

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Cedric Chung

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This spreadsheet approach is really smart! I'm just getting started with organizing my eBay sales records and feeling overwhelmed. Quick question - for items where I genuinely can't remember what I paid (like old video games from years ago), is it okay to look up what similar items were selling for back then as a reasonable estimate? Or should I just be conservative and use current market value for similar condition items? I want to be honest but also don't want to accidentally create taxable income where there shouldn't be any.

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Looking up historical prices is actually a great approach! You can use resources like eBay's "sold listings" (which shows completed sales from the past few months), PriceCharting for video games, or even old retail websites via the Wayback Machine to get a sense of what items cost when you originally bought them. The key is being reasonable and documenting your method. If you bought a game in 2018 and can find evidence it retailed for $60 then, that's a solid basis cost even if you sold it for $30 last year. I'd avoid using current market value as your cost basis since that could actually work against you - some collectibles have appreciated, so you might accidentally create taxable gain where there should be a loss. Stick with what you likely paid originally, or even be slightly conservative. The IRS guidance basically says they expect reasonable estimates for personal property when exact records aren't available. Just keep notes on how you determined each cost basis - "researched 2018 retail price via PriceCharting" or similar. That shows good faith effort if anyone ever questions it.

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This thread has been incredibly helpful! I'm dealing with a similar situation but with a twist - I received 1099-Ks from both eBay and PayPal for the same transactions. Apparently this can happen when you use PayPal as your payment processor on eBay. From what I've researched, you should NOT double-report the same income. The key is to carefully review both forms and identify any duplicate reporting. Usually, if you're getting both, you'd report the eBay 1099-K (since that's the platform where the actual sales occurred) and then make a note or adjustment to avoid counting the PayPal 1099-K for the same transactions. Has anyone else run into this double-reporting issue? I'm worried about both under-reporting (if I ignore one form completely) and over-reporting (if I include both). The amounts don't match exactly either, which is making it even more confusing to figure out which transactions overlap. I'm thinking I might need to call the IRS about this specific situation since I haven't seen it addressed clearly in any of the standard guidance about 1099-K reporting.

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