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Im so glad to find this thread! Been struggling with pasive activity rules for years. One question - if i have suspended losses from a rental property and i sell it at a gain, do i just deduct the suspended losses from the gain? Or can i use those loses against any passive income now?
When you dispose of a passive activity in a fully taxable transaction, your suspended losses from that specific activity are freed up and can be used in this order: 1. First against any gain from disposing of that specific passive activity 2. Then against net income/gain from all other passive activities 3. Any remaining losses can offset your non-passive income So yes, you can use those previously suspended losses against any passive income, and potentially against non-passive income too if there's any left after offsetting the gain on sale.
Great question! You've identified a common source of confusion. The key insight is that these two limitation systems work sequentially, not independently, which prevents the "loophole" you're concerned about. Here's the step-by-step process: 1. **At-Risk Rules Apply First (Section 465)**: Your deductible loss from each activity is limited to your actual economic investment in that specific activity. This includes your cash investment plus qualified nonrecourse debt (for real estate). Importantly, this calculation is done separately for each activity - no aggregation allowed. 2. **Passive Activity Rules Apply Second (Section 469)**: Only after the at-risk limitations are applied do the passive activity loss rules kick in. These rules then limit your ability to use those losses against non-passive income. So in your $50,000 passive income example, even if you bought multiple properties with small down payments, each property's deductible losses would still be capped at your at-risk amount in that specific property. You couldn't generate unlimited "paper losses" because your losses are constrained by your actual economic exposure. Additionally, the IRS has substance-over-form doctrines and anti-abuse rules that target arrangements entered into primarily for tax avoidance without legitimate business purpose or reasonable profit expectation. Simply acquiring passive activities solely to generate tax losses could trigger scrutiny. The system is actually designed quite well to prevent exactly the scenario you're describing!
This is exactly the clarification I needed! I was definitely overthinking the interaction between these two sections. Your step-by-step breakdown makes it crystal clear that the at-risk rules act as the first filter on a per-activity basis, which would naturally prevent the unlimited loss generation scenario I was worried about. I think I was getting confused because I kept reading about passive activity aggregation rules and assumed that meant the at-risk calculations could also be aggregated. Now I understand they're completely separate - at-risk is always calculated individually for each activity, while only the passive activity loss limitations allow for certain grouping elections. The anti-abuse angle is also really important to understand. Even if someone found a technical way around these rules, the IRS could still challenge transactions that lack economic substance. Thanks for the thorough explanation!
I'm confused about the withholding part. DraftKings withheld some taxes from a big parlay I hit last year, but my other accounts didn't withhold anything. How do I account for that on my taxes?
Any tax withholding from gambling winnings will be reflected on your Form W-2G (if you received one) or should be shown in your account statements. When you file your taxes, you'll report this withholding on your Form 1040 in the "Federal income tax withheld" section, just like you would for withholding from a regular job. This withholding counts as taxes you've already paid, which might reduce what you owe or increase your refund. Make sure you have documentation showing the withholding amount in case you're asked to verify it.
This is exactly the situation I was in last year! I had accounts with multiple sportsbooks and was completely overwhelmed trying to figure out the tax implications. Here's what I learned from my tax preparer: You need to report ALL gambling winnings as income on Schedule 1, regardless of whether you received W-2Gs or not. This means adding up every single winning bet from all your platforms - Fanatics, Bet365, FanDuel, and DraftKings combined. The tricky part is that you report gross winnings (not net), so even if you're down overall for the year, you still owe taxes on your wins. Your losses can only be deducted if you itemize, and only up to the amount of your winnings. My advice: Download detailed statements from each platform showing all your betting activity. Most sportsbooks have this under "Account History" or "Tax Documents." Create a simple spreadsheet tracking each bet - date, platform, amount wagered, win/loss amount. This documentation will be crucial if the IRS ever questions your return. Don't try to get creative with the reporting - the IRS has been cracking down on sports betting taxes lately. Better to be conservative and accurate than risk an audit.
This is really helpful, thank you! Just to clarify - when you say "gross winnings," does that mean if I placed a $50 bet and won $75 total (my $50 back plus $25 profit), I report the full $75 as winnings? Or just the $25 profit? I want to make sure I'm calculating this correctly since I have hundreds of bets across all these platforms.
Has anyone considered the QBI deduction (Section 199A) impact when deciding between S Corp vs. sole proprietor? I've heard that having too high of a salary in an S Corp can reduce your QBI deduction.
This is actually a really important point. The QBI deduction is 20% of your business profit MINUS your wages. So if you take more as salary in an S Corp, you're reducing your QBI deduction potential. But there's a balance - if your total income is over the threshold ($182,100 single/$364,200 joint for 2025), the QBI deduction starts to phase out for certain service businesses anyway. It gets complicated fast!
Great discussion everyone! As someone who made the S Corp election two years ago in a similar situation, I wanted to share some real-world experience. My consulting business was pulling in about $280k, and I set my reasonable salary at $160k (just under the OASDI limit at the time). Even with that salary level, I still saved roughly $3,500 annually on Medicare taxes from the distributions. One thing I learned the hard way - make sure you factor in the quarterly estimated tax payments on your distributions. Unlike salary where taxes are withheld automatically, you're responsible for making those payments yourself. I got hit with underpayment penalties my first year because I didn't adjust my estimates properly. Also, the administrative burden is real. Beyond the extra tax filings, you need to run actual payroll (even if it's just for yourself), maintain corporate minutes, and keep business and personal finances completely separate. It's definitely more work than being a sole proprietor, but the tax savings and liability protection have been worth it for my situation. The key is running the numbers for YOUR specific circumstances - income level, state taxes, industry standards for reasonable compensation, and your tolerance for additional paperwork and compliance requirements.
Thanks for sharing your real-world experience! The point about quarterly estimated taxes is huge - I hadn't really thought about how much more complex the cash flow management becomes when you're responsible for making those payments yourself instead of having them automatically withheld from payroll. Quick question: when you mention maintaining corporate minutes, how detailed do those need to be for a single-owner S Corp? Is it just documenting major decisions like salary changes and distributions, or do you need to record routine business activities too? I'm trying to understand the ongoing compliance burden beyond just the tax filings. Also, did you find any good resources or software that helped streamline the administrative side? The tax savings sound worthwhile but I want to make sure I'm not underestimating the time commitment involved in staying compliant.
@d7c3b0e696ad Great breakdown on the real-world experience! I'm curious about one thing you mentioned - you said you set your salary "just under the OASDI limit at the time." Was that intentional to maximize the Social Security tax savings, or was that just what worked out to be reasonable for your industry? I'm trying to figure out if there's a sweet spot for salary optimization when you're right around that threshold. It seems like there might be a strategy to keep the salary just under the OASDI limit to get maximum benefit from both the employment tax savings AND the QBI deduction that someone mentioned earlier. Also, did you ever get any pushback from the IRS or your state about your salary level being too low? I keep hearing horror stories about S Corp audits focused on reasonable compensation.
This is a really complex situation that I think requires careful documentation. I went through something similar when I converted my primary residence to a rental mid-year, and the key is keeping detailed records of exactly when the conversion happened. For your 22-day period in January when Property A was still your primary residence, you'll need to calculate the exact mortgage interest for those days and include it with Property B's interest to see if you exceed the $750k limit. The IRS looks at the actual interest paid during qualified residence periods, not just the loan balances. One thing that helped me was creating a detailed timeline showing: (1) dates Property A was my primary residence, (2) move-out date, (3) date Property A became available for rent, and (4) Property B purchase/move-in date. This documentation was crucial for properly allocating the mortgage interest between Schedule A (personal residence) and Schedule E (rental property). Also make sure you're calculating based on the actual interest paid during each period, not just prorating the annual amount. If you made extra principal payments or had different payment timing, it can affect the daily interest calculation. Keep all your mortgage statements and closing documents - you'll need them to support your calculations if the IRS ever asks questions.
This is excellent advice about documentation! I'm actually in a similar situation and hadn't thought about the importance of tracking the exact conversion date vs. when the property became available for rent. Quick question - did you use the move-out date or the date it became available for rent as your conversion point? I moved out of my property on January 15th but didn't get my first tenant until March 1st. I'm wondering if there's a gap period where the mortgage interest doesn't qualify for either the personal residence deduction or the rental property expense treatment. Also, when you mention calculating based on actual interest paid rather than just prorating, are you referring to how mortgage payments are front-loaded with interest? So the daily interest amount would actually be higher at the beginning of the year?
Great question about the timing! For tax purposes, I used the date the property became available for rent (not just when I moved out) as the conversion point. The IRS generally looks at when the property's use actually changed, not just when you stopped living there. So in your case, the period from January 15th (move-out) to March 1st (available for rent) would be a bit of a gray area. During that gap, the property wasn't being used as either a personal residence or a rental, so the mortgage interest might not qualify for either deduction. Some tax professionals argue you could still treat it as personal residence interest until it's actually converted to business use. And yes, exactly right about the front-loaded interest! Mortgage payments early in the loan term have much more interest than principal, so the daily interest amount would be higher at the beginning of the year compared to later months. That's why I mentioned using actual interest paid rather than just dividing the annual total by 365 - the timing of when that interest accrued matters for accurate allocation. I'd definitely recommend getting guidance from a tax professional on how to handle that gap period, as it can affect both your personal residence deduction limits and your rental property expense calculations.
This thread has been incredibly helpful! I'm dealing with a very similar situation and appreciate everyone sharing their experiences and resources. One additional consideration I discovered while researching this topic: if you're planning to claim any home office deductions for your rental property business (like if you manage the property from a home office), you need to be careful about how that interacts with the mortgage interest allocation. The home office deduction for rental property management would be claimed on Schedule E alongside your other rental expenses, but it's calculated separately from the rental property itself. Just wanted to mention this since managing rental properties often involves significant administrative work that might qualify for the home office deduction. Also, for anyone still working through the calculations, I found IRS Publication 527 (Residential Rental Property) really helpful for understanding the day-by-day allocation rules. It has some examples that are similar to what many of us are dealing with here. Thanks again to everyone who shared their experiences with the various tools and services - it's given me some good options to explore for getting definitive answers on my specific situation!
Thanks for mentioning the home office deduction aspect - that's something I hadn't considered! I'm just getting started with converting my property to a rental and the complexity of all these interconnected tax rules is a bit overwhelming. Question about Publication 527: did you find the examples clear enough to follow for the day-by-day calculations? I've been trying to work through the IRS publications myself but sometimes find their examples don't quite match my specific situation. Also wondering if there are any online calculators that might help with the proration math, or if it's really just a matter of doing the calculations manually based on your mortgage statements. Really appreciate how helpful everyone has been in this thread - it's reassuring to know others have successfully navigated these same challenges!
GalacticGuardian
Using Cash App for tax refunds is like using a sports car for grocery shopping - it works, but there are specific things to be aware of. My deposit was scheduled for March 8th last year, and while my friend with a traditional bank had to wait until exactly 8am on the 8th, mine hit Cash App at 9:30pm the night before. The system isn't perfect though - my cousin had his refund rejected because his name on Cash App didn't exactly match his tax return (he used a nickname). Make sure every detail matches your tax forms exactly.
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Gianni Serpent
I've been using Cash App for my tax refunds for the past two years and it's been pretty smooth! Last year my DDD was 3/12 and the deposit hit my Cash App around 11 PM the night before (3/11). This year I'm expecting my refund on 3/18 so fingers crossed for similar timing. One tip - make sure you have your Cash App debit card activated and that you've completed identity verification. I learned the hard way my first year that incomplete verification can cause delays. Also keep an eye on your email for any notifications from Cash App about the incoming deposit. Good luck with your refund, especially with those dependent care expenses coming up!
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