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Don't forget that if you sell your rental property for a gain in the future, any suspended passive losses from previous years can be used at that time. So even if you can't use the losses now against your capital gains, they're not lost forever. I made this mistake years ago thinking my rental losses were just gone, but when I sold my property, my accountant was able to apply all those carried-forward losses against the gain from the sale. Saved me thousands!
That's really good to know! I've been thinking about selling this property in the next couple years anyway. So if I understand right, all these losses I can't use now could potentially offset the gains when I sell the property?
Exactly! When you dispose of the rental property in a taxable transaction (like selling it), any suspended passive losses from that specific property become fully deductible in that year. They can offset any type of income at that point, not just passive income. This is actually one of the few ways to "unlock" those suspended passive losses if you're a higher-income taxpayer who doesn't qualify for the $25,000 special allowance. So definitely keep good records of any losses you couldn't use in previous years!
This is a really common misunderstanding! I had the exact same confusion when I first started dealing with rental properties and stock trading. The key thing to remember is that the IRS has very specific definitions for different types of income, and they don't always match what we'd think of as "passive" in everyday language. Your capital gains from stock trading fall under "portfolio income" while rental activities are "passive activities" - they're in completely separate buckets for tax purposes. That said, don't get discouraged about those rental losses. As others mentioned, if your MAGI is under $100k, you might still be able to deduct up to $25k of those losses against your other income this year. And even if you can't use them now, they'll carry forward and can be incredibly valuable when you eventually sell the property. I'd definitely recommend keeping detailed records of all your rental expenses and losses - you'll thank yourself later when tax time comes around in future years!
Thanks for breaking this down so clearly! I'm new to rental property investing and this whole passive vs portfolio income distinction is really confusing. One thing I'm wondering - when you mention keeping detailed records of rental expenses, are there any specific types of documentation that are particularly important for proving active participation? I want to make sure I'm documenting everything correctly from the start so I don't run into issues later if I need to claim that $25k allowance. Also, does anyone know if there are any red flags the IRS looks for when people claim active participation in rental activities? I handle all my own tenant screening and maintenance coordination, but I'm worried about getting audited.
I'm actually a former IRS revenue officer, and I need to correct some misconceptions here. First, the IRS doesn't typically "come after" people in the dramatic way many fear. There's a process: 1. They'll first send notices about unfiled returns 2. They may create Substitute for Returns (SFRs) based on income reported to them (which often results in higher tax bills) 3. They'll send notices of assessment and demand for payment 4. Only after multiple notices and opportunities to resolve would they move to collection actions For a case this complex with self-employment and cryptocurrency, your husband absolutely needs a tax attorney who specializes in back taxes and potentially an accountant who understands crypto taxation. These should be separate professionals with different specialties. The good news: the IRS has numerous programs for taxpayers with significant back taxes, including Installment Agreements, Offers in Compromise, and Currently Not Collectible status. Criminal prosecution is rare and typically reserved for cases involving active fraud, not just non-filing.
Would the IRS be likely to accept an Offer in Compromise in a situation like this where the person clearly had the means to pay taxes but chose not to file for years? I've heard they're much stricter with voluntary non-compliance versus someone who had legitimate financial hardship.
You raise an excellent point. OIC acceptance rates are significantly lower for voluntary non-compliance cases, especially involving high earners. The IRS considers the taxpayer's history of compliance, current financial situation, and future ability to pay. Someone earning $125k+ with additional consulting income and crypto profits would have a harder time proving they can't pay their full liability. However, it's not impossible. The key factors would be: 1) demonstrating genuine inability to pay the full amount within the statutory collection period, 2) showing exceptional circumstances that make full payment create economic hardship, and 3) having clean compliance going forward. Given his partner status in a $400M private equity firm, he'd need to show that his current net worth and earning potential genuinely can't support full payment. Installment agreements are much more likely to be approved, though with his income level, the IRS would expect substantial monthly payments. The silver lining is that voluntary disclosure often works in the taxpayer's favor for penalty abatement arguments, especially if done before IRS contact.
As someone who went through a similar discovery with my ex-husband (though thankfully not as large), I want to emphasize that your feelings of panic are completely valid, but this situation is manageable with the right approach. The key thing to understand is that the IRS has likely already started creating substitute returns for your husband based on the income reported to them via W-2s and 1099s. These substitute returns assume no deductions and often result in much higher tax bills than what he would actually owe if he filed proper returns. This means time is genuinely of the essence. I'd strongly recommend taking these steps immediately: 1. Get a power of attorney prepared so you can speak with the IRS on his behalf if needed (your husband's casual attitude suggests he might not prioritize this) 2. Start gathering ALL financial records - bank statements, investment accounts, crypto exchange records, business expenses, everything 3. File for an extension on 2023 taxes to buy some time while you get professional help The innocent spouse relief others mentioned is real, but it has strict requirements and deadlines. Don't wait to explore this option. Also, consider that your husband's nonchalant attitude might indicate this problem is even larger than he's admitting to you. You're right to be concerned about asset seizure, but the IRS typically works with taxpayers who are making good faith efforts to resolve their situations. The key is starting that process NOW, not after your move.
Just want to add one more tip that helped us with a similar income disparity. If you're trying to avoid a huge tax bill but don't want to significantly reduce your monthly take-home pay, consider adjusting your W-4 withholding for just your bonus amounts. My husband and I have about a $55k income difference. Instead of having more withheld from every paycheck, we set our regular withholding correctly using the IRS calculator, but then elected for maximum withholding (22%) on all bonuses. Since you mentioned getting around $30k combined in bonuses, having the maximum withheld from those would cover a significant portion of your underwithholding without affecting your regular paychecks.
That's a really interesting approach I hadn't thought of! Do you just talk to your payroll department to set a different withholding rate specifically for bonuses? And does the 22% apply automatically or do you have to request it?
You can talk to your HR or payroll department about this - most larger companies have options for bonus withholding that are separate from regular paycheck withholding. Many will default to a flat 22% supplemental wage withholding rate, but you can usually request a higher percentage if needed. Some employers let you specify this choice when bonuses are announced. For my company, I just submitted a form indicating I wanted the maximum withholding percentage applied to supplemental wages (bonuses, commissions, etc.). The 22% is actually the default federal withholding for supplemental wages up to $1 million, but you can request more. For us, requesting 30% withholding on bonuses (22% federal plus extra for state) meant our regular paychecks weren't affected much, but we still covered our additional tax liability.
One more thing nobody has mentioned - if u already know ur gonna owe for 2024 and dont want to change ur withholding too dramatically, u can make quarterly estimated tax payments directly to the IRS. This way your paychecks stay about the same but you avoid a big bill (and possibly penalties) at tax time. For us, we decided to have a little extra taken out of each paycheck (about half of what was recommended) and then we make quarterly payments for the rest. Feels less painful to spread it out this way. The payment vouchers are on form 1040-ES and due dates are typically April 15, June 15, Sept 15, and Jan 15 of the following year.
Don't you get charged a penalty if you only pay quarterly instead of having it withheld throughout the year from your paycheck?
No penalty as long as you meet the safe harbor rules! You just need to pay either 90% of the current year's tax liability OR 100% of last year's tax liability (110% if your prior year AGI was over $150k). Since you already owe $8k for 2023, if you make sure your 2024 withholding plus quarterly payments equal at least what you paid in total taxes for 2023, you're safe from penalties. The IRS doesn't care whether the money comes from paycheck withholding or estimated payments - they just want it paid timely. The quarterly approach can actually be better for cash flow management, especially if you have variable income from bonuses like the OP mentioned.
One thing to consider - the IRS has been putting extra scrutiny on ERC claims lately, especially larger ones. The "issue" they mentioned might not even be related to the owners' tax debts, but could be part of their general enhanced review process. Some specific things they're looking at closely: - Whether the business actually had the required reduction in gross receipts - If government orders truly affected your operations - Whether the qualified wages were calculated correctly - If any owners/partners were improperly included in the wage calculations It might be worth preemptively addressing these points if you haven't already, rather than assuming it's about the personal tax debts.
This is spot on. My firm has handled dozens of ERC claims, and the IRS is definitely doing enhanced reviews on claims over $500K. They're particularly focused on documentation for the "partial suspension of operations" qualification path, which is much more subjective than the gross receipts test.
That's a really good point I hadn't considered. We did qualify based on the partial suspension rules rather than the gross receipts test, so maybe that's triggering additional review. Our operations were definitely impacted by government orders, but we might need to strengthen our documentation on exactly how and to what extent.
I went through a very similar situation last year with our partnership's ERC claim. We had a $900K claim stuck for 10+ months, and one of our partners owed about $400K in personal taxes. The IRS initially flagged our claim for what they called a "nominee review" - essentially checking if the business was being used to avoid personal tax collection. What ultimately resolved it was providing detailed documentation showing: 1. The partnership operated as a legitimate separate business entity 2. All payroll and business expenses were paid from business accounts 3. The partner with tax debt had no check-signing authority on business accounts 4. We maintained proper corporate formalities (partnership meetings, separate books, etc.) We also had to submit a formal statement explaining that the ERC was earned by the business entity through legitimate qualified wages paid to employees, completely separate from any partner's personal tax situation. The whole process took about 4 additional months after we submitted the extra documentation, but we did eventually receive the full credit. The key was demonstrating clear separation between the business operations that earned the ERC and the partner's personal tax issues. I'd recommend getting ahead of this by proactively submitting documentation that proves your business operates independently, rather than waiting for them to request it.
Amina Toure
Has anyone used TurboTax to handle this scenario? I'm in the same boat (converted home to rental in July, bought new primary residence) and wondering if the software can handle all the allocations between Schedule A and Schedule E correctly.
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Oliver Zimmermann
ā¢I used TurboTax Premier last year for this exact situation. It does a decent job but you really need to know what you're doing already. It asks you for the date you converted the property, but I found I had to manually calculate and enter some of the split expenses to make sure they were allocated correctly between personal use and rental use periods. The depreciation calculator was helpful though.
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Yara Nassar
Just want to add one more consideration that hasn't been mentioned yet - make sure you're tracking your expenses properly from day one of the rental conversion. Beyond just the mortgage interest, you can deduct things like repairs, maintenance, property management fees, advertising costs for finding tenants, and even mileage for trips to the rental property. I converted my primary residence to a rental three years ago and wish someone had told me to start keeping detailed records immediately. Things like receipts for minor repairs, documentation of time spent on property management activities, and photos of the property's condition can all be valuable come tax time. The mortgage interest deduction is just one piece of a much larger tax strategy for rental properties. Also, don't forget that you'll need to report all rental income, including security deposits if you don't return them. The good news is that most expenses related to maintaining and operating the rental can offset that income on Schedule E.
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