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Wait a minute, I'm confused about something. If photography is truly just a hobby and not a business, isn't there a limit to how much you can deduct? I thought you couldn't claim losses on a hobby - like your deductions can't exceed your income from the hobby. Is that still true?
You're mixing up two different concepts. If you file as a business on Schedule C, you can claim losses (expenses exceeding income). If it's a hobby, you used to be able to deduct expenses up to the amount of income, but that was eliminated with the 2018 tax law changes. Now hobby expenses aren't deductible at all - you report all the income but get no deductions. That's why many people with "hobby" income now choose to file Schedule C instead - to actually get the deductions. But the IRS has a "hobby loss rule" where if you show losses for too many years (generally 3+ out of 5), they may reclassify your business as a hobby and disallow those losses.
As someone who just went through this exact situation with my occasional photography sales, I can confirm that getting an EIN for privacy protection is totally legitimate and won't force you into business status. The IRS allows individuals to obtain EINs for various reasons beyond just business formation. Here's what I learned from my research and talking to a tax professional: 1. Having an EIN doesn't automatically require Schedule C filing - the determining factor is whether your activity meets the IRS criteria for a business (profit motive, regularity, time investment, etc.) 2. You can absolutely report the income on Schedule 1, Line 8 as hobby income even with an EIN. Just make sure to be consistent in how you treat the activity. 3. When you receive the 1099-NEC (which they'll likely issue for $600+), include a brief statement with your tax return noting that the 1099 income is being reported as hobby income on Schedule 1. This prevents automated IRS matching notices. 4. Creating an LLC isn't necessary for just getting an EIN - you can apply for one as a sole proprietor for privacy purposes. One thing to consider though: since hobby expenses aren't deductible anymore (thanks to 2018 tax law changes), you might actually save money by treating it as business income on Schedule C if you have legitimate photography expenses. The self-employment tax might be offset by equipment deductions, but run the numbers for your specific situation. The key is being consistent in your treatment and having a clear understanding of your intent with the activity.
This is really helpful! I'm in a similar situation where I occasionally sell nature photos but definitely don't want to turn it into a business. Quick question - when you say "include a brief statement with your tax return," do you mean just attach a note explaining the hobby income, or is there a specific form or format the IRS expects? I want to make sure I do this right to avoid any issues down the road.
One important thing nobody's mentioned - if you take 529 distributions for your mortgage, you CANNOT also claim those same housing expenses for other education tax benefits like the Lifetime Learning Credit. That would be double-dipping and is definitely not allowed. Make sure you're maximizing your overall tax benefit by figuring out which approach saves you more in your specific situation!
Great point about not double-dipping with other education tax benefits! This is something I actually learned the hard way when my tax preparer caught it during review. I'd been planning to use 529 funds for my mortgage AND claim the Lifetime Learning Credit for my tuition, but you have to choose one path or the other for any overlapping expenses. In my case, the 529 withdrawal ended up being more beneficial since I could cover a larger portion of my housing costs tax-free, rather than getting a smaller credit. For anyone in this situation, I'd recommend running the numbers both ways before deciding. Sometimes the education credits might actually save you more money than the tax-free 529 withdrawal, especially if you're in a lower tax bracket. It really depends on your specific income level and how much you're planning to withdraw from the 529. Also worth noting - you can still use 529 funds for some expenses (like housing) and claim education credits for others (like tuition and fees), as long as you're not double-counting any single expense. Just keep very clear records of which expenses you're applying to which tax benefit!
This is exactly the kind of real-world insight I was hoping for! I'm in a similar situation where I need to decide between using 529 funds for housing versus claiming education credits. Could you share roughly what income bracket made the 529 withdrawal more beneficial for you? I'm trying to figure out the breakeven point where one strategy becomes better than the other. Also, did you use any specific tax software or calculator to run these comparisons, or did your tax preparer handle all the number crunching?
Quick tip - don't forget to separate out the land value! I made this mistake my first year with a rental property and had my depreciation rejected. You can only depreciate the building, not the land. Most tax assessor records break this out. Also, keep in mind that gifted property has different holding period rules for capital gains when you eventually sell. The holding period includes the time your dad owned it too!
I thought rental properties were depreciated over 27.5 years regardless of the actual building's age? My accountant took the purchase price minus the tax assessed land value and divided by 27.5. Is that wrong?
You're absolutely right about the 27.5 year depreciation period for residential rental property - that's correct! What Yuki was emphasizing is that you need to make sure you're only depreciating the building portion, not the land. So your accountant's method of taking the total basis minus the land value and then dividing by 27.5 is exactly the right approach. The key point is that land never depreciates (since it doesn't wear out), so it has to be separated from the depreciable building value. Most people use the same ratio that the tax assessor uses - if the assessor says the land is 20% of the total value and the building is 80%, you'd apply that same ratio to your cost basis.
This is a really complex situation, but you're asking the right questions! Based on what you've described, it sounds like you have a mixed gift/inheritance scenario which does complicate the basis calculation. One thing I'd suggest is checking if your dad filed Form 709 (gift tax return) when he added you to the deed in 2016. Even if no gift tax was owed (due to the annual exclusion or lifetime exemption), he may have filed one anyway. If he did, that form would show the fair market value of the property at the time of the gift, which would be incredibly helpful for your basis calculation. If you can't find a Form 709, using the 2016 tax assessment as a starting point isn't unreasonable, but as others mentioned, you might want to adjust it upward since assessments are typically below market value. You could research what similar properties in your neighborhood sold for in 2016 to get a sense of whether the assessment was in the right ballpark. Also, don't forget to account for any improvements your dad made to the property after his original purchase - those would increase his basis, which would then carry over to you for the gifted portion. The depreciation calculation can definitely be overwhelming, but taking it step by step and documenting your reasoning will serve you well if you're ever questioned about it later.
This is really helpful advice, especially about checking for Form 709! I never would have thought to look for that. Quick question though - if my dad didn't file a gift tax return, does that create any issues for me now? I'm worried that maybe he was supposed to file one and didn't, and that could somehow come back to bite me during my depreciation calculations or if I get audited later. Also, when you mention adjusting the tax assessment upward, is there a standard percentage that's typically used, or do I really need to do the research on comparable sales? I'm trying to balance being accurate with not spending weeks on this!
dont forget to check ur local city tax rate too. my city is 2.5% but my employer was only withholding 1% and i got hit with like $900 i had to pay. not all employers automatically withhold the right city tax amount! especially if ur employer is based in a different city than where u live.
This happened to me too! I was so confused my first year making decent money. The key thing to understand is that your paycheck withholding is based on estimates, but your actual tax liability depends on your total income for the year. A few things that might be happening: 1. Your employer might not be withholding enough for city taxes (super common issue) 2. If you got a raise or bonus during the year, your withholding rate might not have adjusted properly 3. The withholding tables assume you're earning the same amount all year, but if you started the job mid-year or had income changes, it throws off the calculation The good news is this is totally fixable! Get a copy of your most recent paystub and look at exactly what's being withheld for federal, state, and city taxes. Then compare those percentages to the actual tax rates for your area. You'll probably find the city withholding is way too low. You can fix this by submitting a new W-4 to your employer requesting additional withholding. It's annoying to see less in your paycheck now, but way better than getting hit with a big bill next year!
This is really helpful! I think you're right about the mid-year income changes throwing things off. I actually did get a promotion and raise in August, so my withholding was probably calculated based on my lower salary for most of the year. I'm definitely going to pull my paystub and compare the withholding percentages like you suggested. It sounds like the city tax issue is super common - I had no idea employers often get that wrong! Do you know if there's a way to estimate what my withholding should be for next year based on my new salary? I want to make sure I don't end up in this same situation again.
For estimating next year's withholding, you can use the IRS withholding calculator on their website - it's actually pretty accurate if you input your new salary and expected deductions. Just search for "IRS Tax Withholding Estimator" and it'll walk you through everything. Since you got a raise mid-year, that definitely explains the shortfall! The withholding system assumes steady income all year, so when you jump from one salary level to another, it can't catch up properly. For city taxes specifically, just take your annual salary and multiply by your city's tax rate - that's what you should owe for the full year. Then divide by your number of paychecks to see what should be coming out each time. If it's way off from what's actually being withheld, you'll know exactly how much extra to request on your W-4. The promotion is great news though - better to owe a bit on taxes because you're making more money than the other way around!
Oliver Weber
Has anyone actually had their tax return audited after claiming AOTC for grad school? I'm in a similar boat (finished undergrad in 3.5 years) and want to claim it, but I'm nervous about getting flagged.
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Natasha Romanova
ā¢I claimed AOTC for my first semester of grad school after finishing undergrad in 3.5 years, and my return was not audited. I made sure to keep copies of my transcripts and documentation showing I had only completed 3.5 academic years before starting grad school. The key is having documentation ready if they ever question it.
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Sophia Clark
I'm actually a CPA who deals with education credits regularly, and I can confirm that you should be eligible to claim the AOTC for your first year of grad school. The IRS looks at whether you've completed the "first 4 years of post-secondary education" before the beginning of the tax year - since you completed your degree in 3 years, you have 1 year of eligibility remaining. The key factors that make you eligible are: 1. You haven't completed 4 academic years of post-secondary education 2. You're enrolled at least half-time in a degree program at an eligible institution 3. Your income is below the phase-out threshold (which you mentioned it is) One thing to double-check: make sure your graduate program is at an institution eligible for federal student aid. Most accredited universities are, but it's worth verifying. Also, keep good records of your transcripts showing you only completed 3 years of undergrad - this will be helpful documentation if the IRS ever has questions. Given your situation, you should be able to claim up to $2,500 in AOTC for qualified education expenses in your first year of grad school.
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Nathan Dell
ā¢This is exactly the clear, professional answer I was hoping for! Thank you so much for breaking down the specific requirements. I'll definitely verify that my grad school is eligible for federal student aid (pretty sure it is since I'm getting federal loans there), and I'll gather my transcripts as documentation. One quick follow-up question - when you say "qualified education expenses," does that include things like room and board for grad school, or is it just tuition and fees like with undergrad? I know the rules can be different for different education credits.
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