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Just want to add an important consideration here - don't forget about Section 179! If the building was eligible and the previous owners took Section 179 depreciation (immediately expensed rather than depreciating over time), that can significantly change the situation. In my experience with S corp transitions, any Section 179 property keeps that treatment even with new owners if it was a stock purchase. But check if there are recapture issues if the property isn't being used for the same business purpose.
Can Section 179 even be used for buildings though? I thought it was mainly for equipment and other personal property, not real estate.
You're absolutely right about buildings - thanks for the correction. Section 179 generally cannot be used for buildings themselves (with very limited exceptions for qualified improvement property or certain components). I should have been more clear that I was thinking about any equipment or other personal property that might have been part of the purchase. For those assets, Section 179 considerations would apply. For the building itself, you're dealing with regular MACRS depreciation, and the original question about continuing the existing schedule versus starting over is the key issue.
Has anyone mentioned Form 8594 (Asset Acquisition Statement) yet? If your purchase was structured as an asset acquisition rather than a stock purchase, you would have needed to file this with both buyer and seller returns to show how the purchase price was allocated among asset classes. This directly impacts depreciation.
That's a great point! And if they did file 8594, wouldn't that mean they already determined if it was an asset purchase (which would mean new depreciation schedules)? Seems like checking if this form was filed with the 2022 return would answer the original question pretty directly.
Exactly! @Sergio Neal makes an excellent point. @Asher Levin, if you check your 2022 tax return and see Form 8594 was filed, that definitively means it was structured as an asset purchase and you should be starting fresh depreciation schedules based on your allocated purchase price for the building. If no Form 8594 was filed, it was likely a stock purchase and you d'continue the existing depreciation schedule. This is probably the quickest way to get your answer without having to dig through all the purchase agreement details.
Be careful with the buildings aspect of your business sale. We sold our landscaping company last year and kept the main warehouse/office building. The buyer wanted to lease it from us, which seemed great at first. But we didn't account for how the business operations might change under new ownership. The new owners completely changed the business model which resulted in much heavier wear and tear on the property than we anticipated. We also had issues with them making unauthorized modifications to the building. Make sure you have a VERY detailed lease agreement if you're planning to keep the buildings and lease them to the buyer!
Did you have any issues with the 1031 part of your transaction? Wondering if you reinvested the proceeds from the business assets or if you just paid the capital gains.
We weren't able to use 1031 for most of the business sale proceeds since they were for equipment, customer lists, and goodwill. We did do a 1031 exchange about a year later when we finally sold the warehouse building because the lease situation became too problematic. For the non-real estate assets from the business sale, we just had to pay the capital gains taxes. Our accountant helped us maximize depreciation recapture strategies before the sale which helped reduce the tax hit somewhat. Definitely work with a tax pro who specializes in business sales - the rules are complicated but there are still ways to minimize the tax impact even without 1031 qualifying.
Great question! I went through a similar situation when we sold our family restaurant but kept the building. As others have mentioned, 1031 exchanges only work for "like-kind" real property, so your business assets (trademarks, IP, equipment, inventory) won't qualify. However, here's something that might help: if you're keeping the buildings and they're currently part of your business entity, you could potentially structure things to separate the real estate into its own entity before or after the sale. This would give you more flexibility for future 1031 exchanges if you decide to sell those buildings later and reinvest in other real estate. Also consider the timing - since you're keeping the buildings, you might generate rental income from leasing them to the buyer or other tenants. That rental income could help offset some of the tax burden from the business asset sale. Just make sure to get a solid lease agreement in place if the buyer wants to rent the space, and consider having the buildings appraised separately to establish their fair market value for future reference. One more thing - don't forget about installment sale treatment if the buyer is willing to structure payments over multiple years. This won't avoid the taxes entirely, but it can spread the tax burden over time which might keep you in lower tax brackets.
maybe a dumb question, but why does every bank check the FATCA box if most people dont have foreign accounts? seems weird that they would check a box that doesn't apply to most people and then it confuses everyone.
It's not about whether YOU have foreign accounts. The checkbox is the bank telling the IRS "We (the bank) are complying with FATCA reporting requirements." All U.S. financial institutions have to do this now. It's like them saying "we checked for foreign accounts and we're reporting as required by law." It has nothing to do with whether you personally have foreign assets.
I had the exact same confusion last year! The FATCA checkbox on your 1099-INT is completely normal and doesn't mean you need to do anything special. It's just your bank (Capital One) certifying that they've followed federal reporting requirements - think of it like a stamp that says "we did our paperwork correctly." When TurboTax asks about foreign accounts, just answer honestly that you don't have any. The software sees that FATCA box and runs through its standard questions to be thorough, but for a regular US savings account, you can safely click "No" to foreign account questions and continue with your filing. Your $215 in interest income just gets reported as regular interest income - nothing fancy required. The FATCA thing is between your bank and the government, not something you as the account holder need to worry about at all.
Thanks everyone for all the helpful advice! I wanted to give you an update on my situation. I finally received my CP12 refund yesterday - exactly 7 weeks from the April 22nd notice date, so a bit longer than the 4-6 weeks they promised but not too bad considering how backed up the IRS has been. I took several pieces of advice from this thread. I used the "Where's My Refund" tool that CosmicCaptain mentioned, which helped me track the progress. I also started implementing Ava's suggestions about documenting my farm business activities more thoroughly - created a separate business account and started keeping better records of my marketing efforts at farmers markets. One thing that really helped ease my anxiety was understanding that the loss carryover from 2022 doesn't count as a new loss year for the hobby farm rules. I was really worried about that, but now I feel more confident about my tax situation going forward. Miguel's warning about potential follow-up notices is something I'm keeping in mind - I'm not spending the extra refund money right away, just in case there are any additional adjustments. Better to be safe than sorry! This community has been incredibly helpful. It's nice to know there are people who understand these complex tax situations and are willing to share their experiences.
Congratulations on finally getting your refund! Seven weeks isn't too bad given how slow things have been this year. It's really smart that you're not spending the extra money right away - I've seen too many people get burned by follow-up notices after thinking they were in the clear. Your approach to improving your farm business documentation sounds solid. Having that separate business account and better marketing records will definitely help if the IRS ever does take a closer look at your operation. The farmers market sales are actually great evidence of business intent since it shows you're actively trying to generate revenue, not just treating it as a hobby. Thanks for sharing the update - it's always helpful to hear how these situations actually play out in real life!
Glad to hear you got your refund! Seven weeks is actually pretty reasonable given the current IRS processing delays. Your proactive approach to documenting your farm business is smart - especially keeping that separate business account and tracking your farmers market activities. Just wanted to add one more tip for anyone else dealing with farm losses: make sure you're tracking the time you spend on farm activities separately from any personal enjoyment of the property. The IRS looks for evidence that you're putting in serious effort to make the operation profitable, not just maintaining a hobby farm. Keep a simple log of hours spent on business activities like planting, harvesting, marketing, bookkeeping, etc. Also, if you haven't already, consider joining your local farm bureau or agricultural extension programs. Membership and participation in these organizations shows the IRS that you're treating farming as a legitimate business and staying current with industry practices.
That's excellent advice about tracking time spent on actual business activities versus personal enjoyment! I never thought about separating those hours, but it makes total sense from an audit perspective. The IRS would definitely want to see that you're putting in real work hours, not just enjoying your property on weekends. The suggestion about joining farm bureau or extension programs is really smart too. I've been hesitant to spend money on memberships, but having that professional involvement documented could be invaluable if questions ever come up about business intent. Plus those organizations probably offer resources that could actually help improve profitability. Do you happen to know if there's a minimum number of hours per week or year that the IRS expects to see for farm operations? I'm probably putting in 15-20 hours per week during growing season, but much less in winter months.
Dylan Campbell
Just went through this process last year. Make sure you're extremely thorough with Form 433-A (Collection Information Statement). The IRS will scrutinize every detail of your financial situation. Document ALL your medical expenses related to your disability because those can be counted as necessary living expenses. Also, consider checking if you qualify for Currently Not Collectible status as an alternative. With your situation (no assets, on disability), you might qualify. This doesn't eliminate the debt, but puts collections on hold. The IRS determined I was CNC last year and it bought me time while I improved my situation.
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Sofia Torres
ā¢How much did you end up settling for compared to what you originally owed? I owe about $18k but literally have nothing to my name right now... wondering if it's even worth applying?
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Miguel Herrera
Andre, your situation is actually quite common and you definitely have options. Being on workers' comp while applying for an OIC isn't a barrier - in fact, it can strengthen your case since it demonstrates limited earning capacity. A few additional points to consider beyond what others have mentioned: 1) Make sure to include all your medical expenses related to your motorcycle accident as allowable living expenses on Form 433-A. This includes ongoing treatments, medications, physical therapy, etc. 2) Since you're in Washington State, you'll also want to address the state tax debt eventually, but focusing on federal first is smart since the IRS processes are generally more established. 3) Document your disability thoroughly - the IRS needs to understand this isn't a temporary situation where you'll be back to full earning capacity soon. 4) Consider whether you might qualify for "doubt as to collectibility" (you can't pay) versus "effective tax administration" (paying would create economic hardship). Given your circumstances, doubt as to collectibility seems most appropriate. The fact that you only made $12K in 2020 before your accident and are now on disability payments should work in your favor for demonstrating inability to pay. Just make sure every expense you claim is reasonable and well-documented.
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Jayden Hill
ā¢This is really helpful advice, Miguel! I'm curious about the medical expenses part - do things like adaptive equipment or home modifications for disability count as allowable expenses? After my accident I had to get some equipment to help with daily tasks, and I'm wondering if those one-time costs or ongoing maintenance would be considered by the IRS when calculating my ability to pay. Also, you mentioned documenting that this isn't temporary - should I be getting specific documentation from my doctors about long-term prognosis, or is the workers' comp determination of 100% Temporary Total Disability sufficient for the IRS?
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