That's interesting - I thought state income taxes were allocated based on who paid them? Like if it came out of your paycheck, it's your deduction. Can you really just decide how to split them?

You're right that generally withholding is tied to each spouse's earnings. What I was referring to is that in community property states like California, income (and the taxes paid on that income) is considered equally owned by both spouses regardless of who earned it. So in states like CA, WA, TX, etc., you have more flexibility in how certain deductions are allocated when filing MFS. But you're absolutely correct that in non-community property states, you can only deduct the state taxes you personally paid.

This is a hugely important point that a lot of people miss. I live in NJ where property taxes alone can exceed the SALT cap, so the mortgage interest deduction becomes the main factor in whether itemizing makes sense.

Is the SALT cap different for MFJ vs MFS? Like if we file jointly do we get the full $10k, but separately we each only get $5k?

Thanks for this advice. I've been keeping everything in a folder but haven't been writing down details of phone calls. Did you use any particular system to track everything? I'm worried they'll "lose" my 4852 form somehow.

I just created a simple spreadsheet with columns for date, time, representative name/ID number, what was discussed, and any confirmation/case numbers provided. After every interaction, I'd immediately update it while the details were fresh. For documents, I always send everything certified mail with return receipt. It costs a bit more but gives you proof they received it with the exact date. I also learned to send a cover letter with every submission that clearly states what forms are enclosed and references any previous correspondence. This creates a paper trail that's invaluable if they misplace something.

This! My investment company initially reported my conversion wrong too but issued a corrected form about 2 months later. By then I'd already received an IRS notice but I just sent them the corrected form and everything was cleared up.

Does it matter how long the property was a rental vs a primary residence? I lived in mine for 2 years, then rented it out for 5 before selling.

That's a great question! If you lived in the property for at least 2 of the 5 years before selling, you may qualify for a partial exclusion of gain under the primary residence rules (up to $250k single/$500k married). For the period it was a rental, you'll still face depreciation recapture on the depreciation you claimed or should have claimed. The IRS has a specific calculation for properties that were both primary residences and rentals. You'll allocate the gain between the periods, and only the rental period portion is fully taxable (minus any qualified exclusion). IRS Publication 523 covers this in detail.

I used the installment method when I sold my duplex last year. Basically, you only pay taxes on the portion of the profit you receive each year. BUT - and this is a big but - you still have to pay all the depreciation recapture tax in the year of sale, regardless of how much money you actually received. Only the capital gains portion gets spread out.

So true. My dad got sucked into one of these "we'll save you thousands" schemes a few years ago and ended up getting audited. Cost him way more in the long run with penalties and interest, not to mention the stress.

Absolutely - these aggressive tax schemes often lead to audits, and the companies that promote them typically don't offer audit protection (or if they do, the fine print makes it nearly worthless). Most legitimate CPAs approach tax planning conservatively, focusing on documented deductions that clearly follow tax code. The aftermath of an audit can be financially devastating. Beyond the immediate penalties and interest, there's often a cascade effect where the IRS expands the audit to previous tax years if they find significant issues. Then you're dealing with multiple years of amended returns, additional penalties, and potentially having to pay for professional representation during the audit process.

I wouldn't recommend H&R Block for 1099 income, especially at your combined income level. Most of their preparers aren't CPAs and have minimal training for complex situations. They're fine for very simple W-2 only returns, but with 1099 income and significant deductions, you'll want someone more specialized.

Thanks for the advice. Do you think I need someone local or would an online CPA service work just as well? Our situation seems pretty similar to the original poster - wife has 1099 income, I'm W-2, and we have a mortgage.

I switched from TurboTax to TaxSlayer this year because TurboTax kept upselling me. TaxSlayer handled my stocks and mutual funds really well, and it was about half the price. Might be worth checking out.