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One thing nobody's mentioned yet - make sure you look into the EITC (Earned Income Tax Credit) rules too if you're going to claim them. There are special rules for claiming EITC with qualifying children, and the disability status might actually help you qualify for more. Plus don't forget about the Child Tax Credit and the Credit for Other Dependents. When I claimed my niece who has special needs, I got way more back than I expected because of these credits. Just make sure you have documentation of their diagnosis and any expenses related to their care.
Thanks for mentioning this! Do you know if I would qualify for the Child Tax Credit specifically, or would it be the Credit for Other Dependents since I'm the grandparent, not the parent? Also, would my daughter still be able to get the disability benefits if I claim the kids on my taxes?
You can potentially qualify for the Child Tax Credit even as a grandparent! The relationship test for the CTC includes grandchildren. As long as they meet the other tests (lived with you more than half the year, you provided more than half their support, they're under 17, etc.), you can claim the full Child Tax Credit, which is worth much more than the Credit for Other Dependents. Your daughter can continue receiving the disability benefits for the children regardless of who claims them on taxes. The tax dependency status and disability benefits eligibility are separate systems. The important thing is that you're actually using the majority of resources (including your own money plus a portion of those benefits) to support the children.
Has anyone dealt with the autistic dependent situation specifically? My grandson is also on the spectrum and I found there are additional tax benefits I qualified for, like the Child and Dependent Care Credit if you pay for specialized care while you work. Also, some therapy expenses might qualify as medical expenses if you itemize deductions instead of taking the standard deduction.
Yes! We claim my wife's brother who has autism and we deduct a lot of his therapy expenses as medical expenses. If their medical expenses exceed 7.5% of your AGI, you can itemize and deduct them. Also look into FSA or HSA accounts to pay for these expenses pre-tax if possible.
Have you considered just selling the property and putting the money in a 529 plan? If you've owned the rental for years, you might have significant appreciation that would be taxed if sold normally, but using a portion for qualified education expenses might offset some of that tax hit. The 1031 route seems unnecessarily complicated if your main goal is just paying for college.
Thanks for suggesting the 529 plan option. My concern with selling outright is the capital gains tax - we've owned the property for about 12 years and it's appreciated significantly. I was under the impression that if I used a 1031 exchange, I could defer those taxes indefinitely, whereas selling and using for college would trigger immediate tax liability. Are you saying there's some education-related exemption for capital gains that I'm not aware of? That would definitely simplify things if so!
I think I wasn't clear - there's no special education exemption for capital gains on rental property sales. You would indeed face capital gains taxes if you sell without a 1031 exchange. What I meant was more about weighing the complexity of the 1031 process against your goals. If college funding is the primary objective, sometimes it's worth taking the tax hit for simplicity and flexibility. However, if preserving wealth long-term is equally important, then the 1031 approach makes more sense despite the additional complexity. The 529 suggestion was separate - if you do sell, putting some proceeds in a 529 would give tax-free growth for the education portion.
One thing nobody's mentioned - if you do the 1031 exchange and buy a property near campus, but have your son living there, you need to be VERY careful about personal use rules. The IRS could potentially disallow the entire exchange if they determine the property wasn't held primarily for investment purposes. Generally, you need to charge fair market rent to family members to maintain the investment property status. Having your son manage the property for a reasonable fee is fine, but giving him free or reduced rent could jeopardize both the 1031 exchange and your ongoing rental property deductions.
This is really important! I made this exact mistake with my daughter's housing during college. I did a 1031 exchange, put her in the property, charged her below-market rent, and got audited three years later. Had to pay back taxes plus penalties because the IRS reclassified it as a personal residence. Document EVERYTHING and charge fair market rates!
Anyone know if I need to attach any additional documentation when submitting Form SS-8? My employer is definitely going to fight this classification issue, and I want to make sure I have everything covered from the start.
When I filed SS-8 last year, I included copies of my contract, emails showing how they controlled my work schedule and processes, and a detailed description of my daily work responsibilities. The more evidence you have showing employer control, the stronger your case. Remember the key factors are behavioral control, financial control, and relationship type. Document everything that shows they treated you like an employee!
Thanks for the detailed advice! I definitely have emails showing them dictating my hours and how to do tasks. I'll compile those along with my contract. Did you also include any information about other employees doing similar work who were classified as W-2 instead of 1099?
Fyi - I tried doing this with TurboTax last year and their software didn't properly support Form 8919. Ended up having to switch to TaxAct at the last minute. Glad to hear FreeTax USA supports it better!
Just wanted to add something important here - if you owe a lot and are worried about the penalties, you should look into the IRS First Time Penalty Abatement program! If you haven't had any issues filing or paying for the past 3 years, you can often get the failure-to-file and failure-to-pay penalties removed. You'll still owe interest, but getting those penalties waived can save you serious $$$.
Wait, really? That would be amazing. Do I have to specifically ask for this program by name when I contact them? And would I qualify even though I had the extension and still missed it?
Yes, you should specifically ask for "First Time Penalty Abatement" when you contact them after filing. Don't rely on them to offer it - many IRS agents won't mention it unless you ask. You would likely still qualify despite missing your extension deadline. The main requirement is having a clean compliance history for the three prior tax years (meaning you filed and paid on time, or had valid extensions and paid by those deadlines). The IRS sees this as a one-time courtesy for otherwise compliant taxpayers.
Has anyone had experience with penalties when u had a really good reason for filing late? My mom passed away in 2022 and I was executor of her estate which took forever to sort out, on top of my own taxes. I haven't filed 2022 taxes either and am nervous about what to expect.
I'm so sorry about your mom. I was in a similar situation with my father's passing. The IRS does have something called "reasonable cause" for penalty relief. You'll need to attach a letter explaining the circumstances and showing how the death and estate duties prevented you from filing on time. Include any documentation you can (death certificate, executor appointment papers). In my experience, they were actually pretty understanding.
Melissa Lin
Going back to the original 1031 exchange question - I had a similar situation where I wanted to do something creative with different types of assets. My tax attorney suggested an alternative approach: consider an opportunity zone investment instead of forcing a 1031. If you're willing to invest your capital gains into a Qualified Opportunity Zone, you can defer the tax until 2026, and if you hold the investment for 10 years, any appreciation on the opportunity zone investment itself can be tax-free. Might be worth exploring if your vacation rental is in or near a designated opportunity zone.
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Lydia Santiago
ā¢Does the Opportunity Zone investment have to be made immediately after selling the software? Are there timing requirements like with a 1031 exchange? This sounds interesting.
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Melissa Lin
ā¢You have 180 days from the date of sale to invest in a Qualified Opportunity Fund to defer the capital gains from your software sale. Unlike a 1031 exchange, you only need to invest the gain portion, not the entire proceeds. The key timing requirements are the 180-day investment window, and then the holding periods: hold for 5 years and you get a 10% reduction in the deferred gain; hold for 10+ years and any new appreciation on the opportunity zone investment itself becomes completely tax-free. This could be especially valuable if you're buying a vacation rental that you expect to appreciate significantly.
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Romeo Quest
I had a coworker who tried a 1031 exchange between dissimilar properties a couple years ago. The IRS audited him and he ended up having to pay the full capital gains tax plus penalties and interest. Be really careful with anything that seems like a stretch with these exchanges. The rules are super specific.
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Val Rossi
ā¢Did he use a qualified intermediary? I've heard that's essential for doing these exchanges properly.
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