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I'm wondering about the quarterly tax payment question from the original post. I sold a rental property earlier this year and my accountant told me I needed to make an estimated tax payment for that quarter to avoid underpayment penalties. Is that always necessary with property sales?
Whether you need to make estimated quarterly tax payments depends on your overall tax situation, not just the property sale. Generally, you need to pay estimated taxes if you expect to owe $1,000 or more when you file your return AND your withholding and credits will cover less than 90% of your current year tax or 100% of last year's tax (110% if your income is over $150,000). For a small property sale of $5,800 with a stepped-up basis, the taxable gain might be small enough that it wouldn't trigger the estimated tax requirement, especially if you have enough withholding from other income sources.
Thanks for explaining that! So it really depends on my overall tax situation rather than just automatically needing to make a quarterly payment because I received a 1099. That makes sense. I'll look at how much I'm already having withheld from my regular job and see if it's likely to cover any additional tax from the sale.
Make sure you keep REALLY good records of this sale and your basis calculation for at least 7 years. My dad got audited 3 years after selling inherited property because the IRS assumed his basis was $0 since he couldn't immediately produce documentation of the stepped-up value. It was a nightmare getting it all sorted out.
Oh jeez that sounds stressful. What kind of documentation should I be keeping? I honestly don't think my grandmother ever had the property formally appraised when she died.
If you don't have a formal appraisal from the time of your grandmother's death, try to gather: 1. Property tax assessments from around the time she passed away (county tax assessor websites often have historical data) 2. Comparable sales data for similar properties in the area from that time period (a real estate agent might be able to help with this) 3. Any documentation about the property's condition at that time (photos, insurance documents, etc.) 4. Create a written explanation of how you determined the fair market value based on this information The key is having a reasonable basis for whatever value you claim as your stepped-up basis and being able to explain your methodology. Even if it's not perfect, showing you made a good-faith effort to determine the correct value goes a long way in case of questions later.
One thing nobody has mentioned - if you're not a US citizen but need to file taxes, you'd have an ITIN instead of an SSN as your TIN. I'm on a work visa and that confused me at first since all the forms just asked for "TIN" and I wasn't sure if that meant my ITIN or some other number. But yeah for most American citizens, your SSN is your TIN.
Do you know if green card holders use their SSN or do they need an ITIN? My parents just got their green cards and are confused about filing next year.
Green card holders use their SSN, not an ITIN. When someone gets a green card, they're eligible for (and usually required to get) a Social Security Number if they don't already have one. ITINs are specifically for people who need to file taxes but aren't eligible for SSNs, like certain visa holders or non-resident aliens with US income. So your parents should use their SSNs on all tax forms where it asks for TIN.
Just to add one more thing - I recently discovered that on some IRS transcripts, they only show the last 4 digits of your SSN/TIN for security reasons! I freaked out thinking my full number wasn't in their system, but that's actually a security feature to protect your identity. The IRS has your full number, they just don't display it on certain documents.
Ohhhh that explains why I only saw the last 4 digits on my transcript! I was wondering about that too but didn't think to ask. Thanks for clearing that up!!
Just a heads up that the Capital Loss Carryover Worksheet in the Schedule D instructions is the key document you need to complete carefully. I faced this exact situation last year (non-resident with carried forward losses but no US income). My tax software automatically tried to use $3,000 of my carried forward losses. I had to manually override this by completing the worksheet separately and entering the correct carryforward amount for next year. Some tax software doesn't handle this non-resident scenario correctly because it's designed for the more common US resident situations.
Which tax software were you using? I'm trying to file with TurboTax and it keeps insisting on using $3k of my losses even though I have no income. Is there a specific place where you had to override this?
I was using H&R Block's online software. The override was tricky to find - I had to go into the "Forms" view rather than using the interview process. Under Schedule D, there was an option to "override" the calculated loss deduction. I manually entered zero for the current year's deduction and preserved my full carryforward amount. With TurboTax, look for a similar "Forms" mode or "Tax Tools" section where you can directly edit Schedule D. The key is making sure that line 21 (the amount carried to Form 1040) shows zero while still documenting your full carryforward amount for next year in your records.
Sooo...does anyone know if capital losses expire? I've been carrying forward some losses for like 4 years now and haven't been able to use them because I moved abroad. Will they eventually disappear if I don't use them?
Be VERY careful with tax resolution companies. I used a similar national company (not StopIRSDebt specifically) and ended up paying $3200 for them to basically fill out an installment agreement form that I could have done myself. They made big promises about reducing what I owed but in the end couldn't deliver. If you go with either option, get EVERYTHING in writing - exactly what services they're providing, what forms they'll file, and what results they're promising. Ask what happens if they can't deliver the results they promise.
This is so important! My brother got scammed by one of these companies that promised to settle his $40k tax debt for pennies on the dollar. Paid $4k upfront, they filed an offer in compromise that got rejected, and then they basically disappeared.
Exactly! These companies often advertise based on best-case scenarios that apply to very few people. The "pennies on the dollar" settlements (Offers in Compromise) have specific qualifying criteria - you have to prove you have no ability to pay the full amount now or in the foreseeable future. Most people don't qualify. The most frustrating part is that many of these companies know you won't qualify before they take your money. They collect their fee, file paperwork they know will be rejected, then tell you "well, we tried!" while keeping your money. Always ask for their success rate with cases similar to yours, and get clear details about what specific actions they'll take for the fee they're charging.
Has anyone looked into the IRS Fresh Start program? I had 4 years of unfiled returns and was able to get caught up through that. You might not need to pay someone so much money.
Liv Park
Another way to check for offsets is to call the IRS offset inquiry line at 1-800-830-5084. This is specifically for finding out if the IRS has an offset plan for your expected refund. Heads up though - this only tells you about IRS offsets, not necessarily all the Treasury Offset Program stuff like student loans and child support. That's why the TOP number the first person mentioned is probably more comprehensive.
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Leeann Blackstein
ā¢Is there any way to check this information online instead of calling? I have hearing problems and phone calls are really difficult for me.
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Liv Park
ā¢Unfortunately, there's no fully online method to check for all potential offsets. The IRS online account will show if you owe the IRS specifically, but won't show other agency debts that might cause offsets. You might try using the chat feature with the IRS if available, though it has limited functionality. Another option is to authorize a friend or family member to call on your behalf using Form 8821, or work with a tax professional who can make these calls for you.
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Ryder Greene
FYI - even if you find out you have an offset, you might still have options! If you're facing financial hardship, some types of offsets can be reduced or delayed through hardship programs. For student loans specifically, you might be able to get out of default with loan rehabilitation before tax time. For child support, sometimes partial offset exemptions are available depending on your state.
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Ryder Greene
ā¢For hardship consideration, they typically look at whether offsetting your refund would prevent you from meeting basic living expenses. This includes rent/mortgage, utilities, food, medicine, etc. You'd need to submit financial documentation showing your income and expenses to prove the hardship is real. The standards vary by agency - student loan hardships might be evaluated differently than child support offsets. Contact whichever agency holds your debt directly and specifically ask about their hardship procedures for tax refund offsets.
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Brianna Muhammad
ā¢Thanks so much for the detailed info. I'm going to call that Treasury offset number tomorrow and see what I'm dealing with first. If there is an offset, I'll definitely look into the hardship options!
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