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Your congressman's office can help! Mine got involved and suddenly IRS started moving on my case real quick
omg thank u will try this!!!
I went through something similar last year. After 6 months of getting nowhere with regular customer service, I filed a complaint with the Treasury Inspector General for Tax Administration (TIGTA). You can do it online at treasury.gov/tigta. They actually investigate IRS processing delays and can force action on stuck cases. Also consider sending a certified letter to the IRS office that handles your region - sometimes written complaints get more attention than phone calls. Keep pushing and don't give up!
This is super helpful advice! I had no idea about TIGTA - definitely going to look into filing a complaint there. The certified letter idea is smart too since phone calls clearly aren't working. Thanks for sharing your experience! @Paolo Rizzo how long did it take after you filed the TIGTA complaint to see movement on your case?
Remember that LLC registration and tax filing are two different things! I kept my Wyoming LLC registration even after moving to Oregon because Wyoming has better asset protection laws. But I still have to file and pay Oregon taxes as that's where I physically operate the business. You might want to consider maintaining your LLC registration in whichever state has more favorable business laws while still complying with tax filing requirements based on where you actually operate and have clients. Texas has some good liability protections for LLCs that Colorado doesn't.
Great discussion here! As someone who went through a similar LLC relocation from Nevada to Washington state, I wanted to add a few practical tips that helped me navigate this process. First, regarding the $78k income split - document EXACTLY when you moved and what income was earned where. The IRS and state tax agencies love clear documentation. I created a simple spreadsheet tracking income by client, date earned, and location where I performed the work. Second, don't overlook estimated tax payments! If you were making quarterly payments to Colorado and now need to make them elsewhere, you'll want to adjust your payment schedule mid-year to avoid penalties. Third, consider consulting with a tax professional who specializes in multi-state businesses before making any final decisions about dissolving your Colorado LLC registration. Sometimes maintaining registration in both states can be beneficial depending on your specific business structure and future plans. The tools mentioned above (taxr.ai and claimyr.com) sound helpful, but also make sure you're working with someone who understands the nuances of your specific industry and client relationships. State tax laws can be surprisingly specific about what constitutes "doing business" in a state. Good luck with your filings!
This is really comprehensive advice! I'm curious about the estimated tax payment timing you mentioned. When you moved from Nevada to Washington, how did you handle the transition period? Did you have to make catch-up payments to Washington or were you able to just redirect future payments? I'm worried about getting hit with penalties if I don't adjust my quarterly payments correctly for the mid-year move.
Does anyone know if you actually NEED to make this election for small rental property repairs? I've been reading that if all your repair expenses are under $2,500 per invoice, you might qualify to deduct them outright as repairs without making this formal election. I'm using Cash App Taxes too and can't figure out where to put this election statement, so I'm wondering if I can just skip it and still deduct my minor expenses.
There's often confusion about this. The de minimis safe harbor is technically an annual election that should be made on your tax return to ensure audit protection. Without it, the IRS could potentially challenge your expense treatment during an audit. However, for very small landlords with minimal repair expenses, the practical risk is often low. The $2,500 per-invoice threshold you mentioned is correct, but making the formal election provides a definitive "safe harbor" that prevents the IRS from reclassifying those expenses as capital improvements. If you're claiming significant repair deductions, I'd recommend making the effort to include the election statement. Better safe than sorry, especially since it costs nothing to make the election.
I actually had this exact same issue with Cash App Taxes last year! After trying multiple approaches, I found the solution in an unexpected place. Go to your Schedule E section, select the specific rental property you're working on, then look for a section called "Property Details" or "Additional Property Information." Within that section, there should be a text field for "Notes" or "Comments" - it's usually near the bottom and easy to miss. I put my de minimis safe harbor election statement there using this language: "Taxpayer elects the de minimis safe harbor under Treasury Regulation Section 1.263(a)-3(h) for all eligible expenditures for the tax year ending December 31, 2024." My return was accepted without any issues, and I've used this same approach for two years now. The key is that the election needs to be associated with your rental property reporting, which Schedule E accomplishes perfectly. If you still can't find that field, try updating Cash App Taxes - they've moved some sections around in recent updates. Hope this helps!
This is really helpful! I've been following this thread closely since I'm dealing with the same Cash App Taxes issue. Your approach of putting it in the Property Details section makes a lot of sense since it directly ties the election to the specific rental property. Just to clarify - when you say "Property Details," are you referring to the screen where you enter the property address and rental income/expenses, or is there a separate section after that? I want to make sure I'm looking in the right place before I finalize my return. Also, has anyone had experience with what happens if the IRS questions this election placement during an audit? I assume as long as the language is correct and it's somewhere on the return, the location shouldn't matter, but I'd love to hear from someone who's actually been through that process.
Just a heads up to everyone having PIN problems - if you end up missing the filing deadline because of PIN issues, make sure you file for an extension using Form 4868! This gives you until October to file your actual return while you sort out the PIN stuff. The extension doesn't give you more time to pay though, so you should still estimate and pay any taxes you owe by the regular deadline to avoid penalties and interest.
Thank you everyone for all this helpful information! I'm going to try the online tool first to recover my PIN, and if that doesn't work I'll definitely use Claimyr to get through to an IRS agent. And I'll file for an extension today just to be safe while I sort this out. Really appreciate all the advice!
Just wanted to add another option for folks dealing with PIN issues - if you're in a rural area or don't have reliable internet, you can also file a paper return without needing your IP PIN at all. You'll just need to include Form 14039 (Identity Theft Affidavit) with your paper return to explain why you can't provide the PIN electronically. The paper filing takes longer to process (usually 6-8 weeks vs 2-3 weeks for e-filing), but it's a solid backup option if you absolutely can't recover your PIN and are running up against the deadline. Just make sure to mail it certified mail so you have proof it was sent on time. This saved me two years ago when I had a similar PIN nightmare right before the deadline!
This is really good to know about the paper filing option! I had no idea you could bypass the IP PIN requirement by filing on paper with Form 14039. That's a great backup plan for anyone who's completely stuck. Quick question though - do you know if there are any downsides to filing on paper other than the longer processing time? Like does it increase your chances of being audited or anything like that? I'm thinking this might be my best option since I've been trying to recover my PIN for weeks now with no luck.
Sean Murphy
Has anyone used TurboTax to handle the reporting for this kind of transaction? I'm dealing with this exact situation but not sure if regular tax software can handle it properly or if I need to hire a CPA.
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StarStrider
β’DON'T try to DIY this with TurboTax!! I did that last year thinking I could handle it, and missed reporting some forms related to the related-party transaction. Ended up with a notice from the IRS and had to pay penalties. This type of transaction requires proper reporting on multiple forms and schedules that typical consumer software doesn't guide you through well.
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Astrid BergstrΓΆm
I'd strongly recommend getting professional help for this type of transaction. While the strategy can work, there are several critical considerations that need to be handled correctly: 1. **Business Purpose Documentation**: The IRS will scrutinize whether your S-Corp has legitimate business purposes beyond just holding your former residence. You'll need to document these purposes clearly. 2. **Fair Market Value**: You must sell at true FMV - get a professional appraisal. The IRS can challenge related-party transactions if the price seems artificial. 3. **Corporate Formalities**: Your S-Corp needs to operate as a real business entity - separate bank accounts, proper meetings/resolutions, market-rate rent if you continue living there, etc. 4. **Mortgage Complications**: As others mentioned, most residential mortgages have due-on-sale clauses. You'll likely need commercial financing for the S-Corp. 5. **State-Specific Issues**: Property tax reassessment, transfer taxes, and state-level reporting requirements vary significantly by location. The potential benefits can be substantial if you have significant appreciation, but the compliance requirements are complex. A qualified CPA experienced with real estate transactions and S-Corp structures is essential - don't try to navigate this alone with tax software.
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NebulaNomad
β’This is exactly the kind of comprehensive advice I was hoping to find! As someone new to real estate investing, I'm curious about point #3 regarding corporate formalities. If I'm selling my primary residence to my S-Corp but then renting it out to actual tenants (not continuing to live there myself), would that make the business purpose documentation stronger? It seems like having legitimate rental income from day one would help establish that this isn't just a tax avoidance scheme. Also, when you mention "market-rate rent if you continue living there" - does that mean some people actually sell their home to their S-Corp and then rent it back from themselves? That seems like it would invite even more IRS scrutiny.
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