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One thing nobody's mentioned - watch out for when you sell the house! If you've been claiming depreciation on the business portion of your home (which you should with the regular method), you'll have to recapture that depreciation when you sell. Also, the business portion won't be eligible for the capital gains exclusion ($500k for married filing jointly). That's something to consider when deciding between the regular and simplified methods. The simplified method doesn't claim depreciation, so you avoid these complications when selling.
Can you explain more about this depreciation recapture? We've been using a home office for years and our accountant never mentioned anything about this. Now I'm worried we'll get hit with a huge tax bill when we sell next year.
Depreciation recapture can definitely be a surprise if you're not prepared for it! When you sell your home, any depreciation you've claimed on the business portion over the years gets "recaptured" and taxed at a maximum rate of 25% (rather than capital gains rates). For example, if you claimed $2,000 in depreciation each year for 5 years, that's $10,000 that would be subject to recapture tax when you sell. Plus, the business portion of your home's gain won't qualify for the $500k capital gains exclusion that married couples get on their primary residence. You should definitely talk to your accountant about this ASAP, especially if you're selling next year. They can help you calculate what you might owe and plan accordingly. The good news is that if you've been legitimately claiming the deduction, you were required to take the depreciation anyway (even if you didn't claim it, the IRS treats it as if you did), so at least you got the tax benefit over the years.
Great question! I actually went through this exact scenario when I bought my home in 2023. Your understanding is correct - you'll split the mortgage interest proportionally between business and personal use. Since your spouse will use 15% of the home exclusively for business, that 15% of the mortgage interest becomes a business deduction on Schedule C. The remaining 85% can potentially be claimed as an itemized deduction on Schedule A, but remember it's subject to the $750k mortgage debt limit. One important consideration for California: our high property values mean you might hit that $750k cap quickly. With a $1.2M mortgage, only the interest on the first $750k of debt qualifies for the personal mortgage interest deduction. So you'd calculate 15% of total mortgage interest for the business deduction, then take 85% of the interest on just the first $750k for Schedule A (assuming you itemize). Also, don't forget about California's more restrictive mortgage interest deduction limits for state taxes - we cap it at interest on $1M of acquisition debt for state purposes, which is different from the federal $750k limit. Make sure you have solid documentation showing the exclusive business use of that 15% of your home. The IRS scrutinizes home office deductions closely, especially on higher-value properties.
This is incredibly helpful, especially the California-specific details! I hadn't realized that California has different mortgage interest limits for state taxes. So just to make sure I understand correctly - for federal taxes, we'd calculate 15% of the total mortgage interest for Schedule C, then 85% of the interest on the first $750k for Schedule A. But for California state taxes, we'd use the $1M limit instead of $750k for the personal portion? Also, what kind of documentation do you recommend for proving exclusive business use? We're planning to set up a dedicated office space, but I want to make sure we're documenting it properly from day one.
Has anyone here used TaxAct for partnership returns? Their software is cheaper than the bigger names but I'm not sure if it handles all the schedules properly.
I've used TaxAct for my 3-person LLC for the last two years. It works fine for basic partnership returns and does include all the schedules (B-1, B-2, K-1s). The interface isn't as polished as TurboTax but it's way cheaper. One thing to watch for - make sure you double check the K-1 allocations. Last year it defaulted to equal distributions for everything and I had to manually adjust some items that weren't split 33/33/33. But for a 50/50 partnership like the OP's, that probably wouldn't be an issue.
Just wanted to share my experience since I was in a similar situation last year with a small LLC partnership. You're absolutely right that the IRS website can be confusing! The key thing that helped me was realizing that Form 1065 is basically a "package deal" - all those schedules (B-1, B-2, and the K-1s) are considered part of the main return and go to the same address. Think of it like sending a book with multiple chapters rather than separate documents. One tip that saved me stress: if you're getting close to the deadline, definitely consider e-filing instead of mailing. The confirmation is instant, and you don't have to worry about postal delays or whether the IRS actually received your package. Most basic tax software can handle a simple 50/50 partnership return like yours. Also, make sure you keep copies of everything for your records, especially those K-1s since you'll both need them for your personal tax returns. Good luck with the filing!
This is really helpful advice! I'm actually in a very similar situation with a small LLC I started with my business partner last year. We've been putting off the filing because we were also confused about all the different forms and where they go. Your "book with chapters" analogy really clicked for me - that makes so much more sense than thinking of them as separate filings. And I definitely agree about e-filing being less stressful, especially this close to deadline season. Quick question - did you find any particular tax software worked better for partnership returns, or are they all pretty much the same for simple 50/50 splits like ours?
Dont forget that u still have to pay regular income tax on any IRA withdrawl even if u avoid the 10% penaltly! this hit me hard last yr when i did this for my kids college. my tax bill was WAY bigger than i expected!!
Great advice from everyone here! Just want to emphasize one more important point - make sure you understand the timing requirements. The IRA withdrawal needs to be made in the same tax year that you pay the qualified education expenses, OR in the year immediately before or after. So if you're paying tuition for the spring 2025 semester, you could make the withdrawal in 2024, 2025, or 2026. This timing flexibility can be really helpful for tax planning, especially if you want to spread the income tax impact across multiple years like Fatima mentioned. Also keep detailed records of all qualified expenses and your withdrawal - the IRS may ask for documentation if they review your return.
This timing flexibility is really valuable information! I didn't realize you could make the withdrawal in the year before or after paying the expenses. That gives me some options for managing the tax impact. One question though - if I make the withdrawal in 2024 but don't actually pay the tuition until January 2025, do I report the penalty exception on my 2024 tax return or wait until 2025? I want to make sure I handle the paperwork correctly.
Somewhat related question - I have a property that I've been trying to rent out, but haven't found tenants yet. It's been vacant all year while listed for rent. Should I still be filling out Schedule E for this year even though I've had zero rental days and zero income?
Yes, you absolutely should fill out Schedule E! If the property is being held for rental purposes (evidenced by your attempts to find tenants), all the expenses related to that property go on Schedule E, even with zero income. You'll show $0 for income, but you can still deduct legitimate expenses like property taxes, mortgage interest, insurance, maintenance, depreciation, and even marketing costs for trying to find tenants. This will likely create a paper loss that may be deductible against other income (subject to passive activity loss rules).
Your CPA is absolutely correct to include Schedule E even with zero rental days! This is actually a common misconception that trips up many rental property owners. The key point is that Schedule E is required when you hold a property for rental purposes, not just when you have actual rental income. Since your property was previously a rental and you owned it during part of 2024 (even though it was vacant and under contract), it maintained its rental property status for tax purposes. Here's what you can still report on Schedule E even with $0 rental income: - Property taxes paid during the ownership period - Mortgage interest (if any) - Insurance premiums - Maintenance and repairs - Property management fees - Depreciation for the months you owned it - Other ordinary and necessary expenses related to holding the property This creates a proper paper trail showing the property's transition from rental to sold status, and ensures you're capturing all legitimate deductions during your ownership period. It also sets up the proper classification for when the sale gets reported (likely on Form 4797 as business property rather than Schedule D as personal property). Don't ask your CPA to remove it - she's following the correct tax treatment for your situation!
This is such a helpful breakdown! I had no idea about the "held for rental purposes" distinction. So even though I had zero rental activity, the fact that it was previously a rental property means the IRS still considers it rental property until it's actually sold? That makes way more sense now. One follow-up question - you mentioned depreciation for the months I owned it. Should I still be taking depreciation even during those months when it was vacant and under contract? It feels weird to depreciate something that's not generating income.
Ellie Simpson
23 Has anyone dealt with the reporting side of this? When my aunt gifted me some Apple shares, my brokerage statement showed the transfer but didn't include any cost basis info. How are you actually supposed to document this for the IRS?
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Ellie Simpson
ā¢10 Your brokerage won't know the original basis for gifted shares. The donor needs to provide you with that information separately. I usually include a spreadsheet showing my kids the original purchase date, price per share, and FMV at transfer date whenever I gift securities. You may need to file Form 8949 with your tax return to report the adjusted basis information since it will differ from what your 1099-B shows. The IRS matches 1099 forms with returns, so you want to make sure you explain any discrepancies.
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Ellie Simpson
ā¢23 Thanks! I'm going to call my aunt and get the original purchase information from her. I didn't realize the brokerage wouldn't have this data. Makes sense now why my tax software kept flagging this transaction - the basis was missing completely.
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Diego Chavez
15 Just went through this exact situation when I received gifted shares from my parents last year. The dual basis rule is definitely confusing at first, but here's what I learned: The key is understanding that the IRS prevents you from "shifting" losses between family members while still allowing gains to transfer with the original basis. So when the fair market value at gift time is lower than the donor's original basis, you end up with two different basis amounts depending on whether you sell at a gain or loss. For your daughter's situation: - First stock: Loss of $1.50 per share ($24 FMV basis minus $22.50 sale price) - Second stock: Gain of $1.75 per share ($16.75 sale price minus $15 original basis) Make sure she keeps good records of both the original purchase info from you AND the fair market value on the transfer date. She'll likely need to file Form 8949 to explain the basis adjustments since her 1099-B probably won't show the correct basis amounts. The "lost" $2 per share from the first stock ($26 original basis to $24 FMV at gift) can't be claimed by anyone - that's intentional tax policy to prevent loss manipulation between related parties.
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StarSailor
ā¢This is really helpful! I'm new to dealing with gifted stocks and the dual basis concept was completely foreign to me. Quick question - when you mention keeping records of the FMV on transfer date, how do you actually determine that value? Is it just the closing price on that specific day, or do you need some kind of official valuation? My dad is planning to gift me some shares and I want to make sure we document everything correctly from the start.
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