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Luca Bianchi

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One thing nobody's mentioned - sometimes these CP321D letters happen because someone filed a fraudulent return using your son's info. Happened to my daughter last year. Definitely check your son's credit report too just to be safe.

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Omg I didn't even think about that possibility! How would we know if that's what happened? And what did you have to do to fix it?

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Luca Bianchi

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You can usually tell if there's potential identity theft if the notice mentions income sources your son didn't actually have. For example, if the notice shows income from employers he never worked for or investment income from accounts he doesn't own. In our case, we had to file Form 14039 (Identity Theft Affidavit) with the IRS and provide documentation proving my daughter's legitimate income. We also placed a fraud alert on her credit reports and froze her credit as a precaution. The IRS has a special department for tax-related identity theft cases, and they eventually cleared everything up - though it did take about 4 months to fully resolve.

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Anyone else notice how many more of these incorrect IRS notices are going out lately? My brother, my neighbor, and now seeing this post... seems like their systems are really messed up this year

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Nia Harris

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I work in tax prep and we're definitely seeing an uptick. The IRS got a funding boost to go after unpaid taxes, but their systems are still outdated. They're basically casting a wider net with automated notices hoping to catch actual issues, but it means way more false positives.

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Sean Murphy

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I'm a little surprised no one's mentioned potential state tax implications. Depending on your state, they might have different rules about taxable scholarship income and different statutes of limitations. I found this out the hard way when my state came after me for unfiled returns even after the federal statute had passed. Also, if you're stressing about this, sometimes filing those old returns (if you have all the documentation) can provide peace of mind, even if you're likely in the clear. Just know that if you do file and end up owing, you'll have to pay the tax plus interest and penalties - so it's a personal decision about risk tolerance vs. peace of mind.

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CosmicVoyager

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I didn't even think about state taxes! I was in Illinois for college. Do you know if they're more aggressive than the IRS about pursuing old unfiled returns?

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Sean Murphy

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Illinois actually follows the federal statutes of limitations pretty closely for most tax matters, generally 3 years from filing or due date (whichever is later). However, like the IRS, they technically have no time limit for unfiled returns. That said, Illinois typically receives information from the IRS and educational institutions, so if the IRS hasn't flagged your account, Illinois likely hasn't either. State tax authorities usually have even fewer resources than the IRS for pursuing older, smaller cases. If you haven't received notices from Illinois by now, it's even less likely they'll pursue this than the federal government would.

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Zara Khan

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Quick question about this situation - I'm helping my younger brother who's in college now with a similar scholarship situation. If he exceeds the filing threshold for 2024, but my parents still claim him as a dependent, does he check the box that says "Someone can claim you as a dependent" when he files his own return?

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Ravi Kapoor

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Yes, he should check the box indicating that someone can claim him as a dependent when filing his own return. This is important because it affects his standard deduction amount and eligibility for certain credits. Being claimed as a dependent doesn't eliminate his obligation to file his own return if he meets the filing requirements (which for 2024, for dependents with only earned income, would be income exceeding $14,600). He'll need to report his taxable scholarship income (the portion exceeding qualified education expenses) as income on his return.

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Malik Johnson

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This is actually one of the best tax benefits for couples where one spouse is a real estate professional! To answer your original question simply: Yes, depreciation can absolutely create a loss even if your rental income just covers expenses. For example, if you have: Rental income: $24,000/year Expenses (mortgage interest, taxes, HOA, repairs): $23,500/year Income before depreciation: $500 Annual depreciation (building value รท 27.5): $9,000 Your rental activity would show a $8,500 loss that you can use to offset your W2 income. Without the real estate professional exception, this would be limited by passive activity rules for most people. Make sure you properly document your spouse's time in real estate activities though - that's where most people get tripped up in audits!

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Do you know if property management time counts toward the 750 hours? I spend about 10 hours a week managing our rentals, but I'm not sure if that's enough to qualify.

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Malik Johnson

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Yes, property management time absolutely counts toward the 750 hours requirement, so your 10 hours weekly would give you about 520 hours annually. However, that alone wouldn't reach the 750-hour threshold. The bigger issue is that you also need to spend more than half your total working time on real estate activities to qualify as a real estate professional. So if you have a full-time job outside of real estate (say 2,000 hours/year), your 520 hours of property management wouldn't meet the "more than half" test. This is why it's often easier for one spouse to qualify if they're primarily focused on real estate activities.

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Ravi Sharma

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My CPA initially told me I couldn't claim rental property losses against my W2 income, but after showing him the exact IRS rules about my wife's real estate professional status, he changed his tune. Not all tax preparers understand these nuances! The depreciation absolutely can create a loss, and with a real estate professional spouse, you can use those losses against other income. We've been doing this for 3 years and saving about $7k annually in taxes. Just make sure you're calculating the depreciation correctly. You'll need to separate the building value from the land value (land isn't depreciable) and use the 27.5 year schedule for residential rental property.

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Freya Thomsen

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How do you determine the split between land and building value for depreciation purposes? My county tax assessment breaks it down, but I've heard that's not always the best method.

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Mateo Perez

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Former IRS employee here - people fear audits because they don't understand them. Most "audits" are actually automated matching notices, not full examinations. When your W-2 or 1099 doesn't match what you reported, you get a letter - that's not even a real audit. For your crypto situation, the risk is low because you're claiming LESS loss than entitled to. The IRS is primarily concerned with unreported income, not overcompliance. That said, conceptually you should report transactions accurately rather than bundling them. The fear comes from horror stories, usually involving people who actively evaded taxes or businesses with serious compliance issues. For average folks with honest mistakes, audits are usually resolved through correspondence.

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Omar Zaki

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Thanks for the insider perspective! So would you recommend I just go with my simplified approach for this year since I'm claiming less of a loss than I'm entitled to? Or should I spend the extra money to have everything properly documented transaction by transaction?

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Mateo Perez

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If you're claiming less of a loss than you're entitled to, from a practical risk perspective, you're unlikely to face issues. However, from a compliance standpoint, you should report transactions accurately. My recommendation would be to consider using specialized crypto tax software that can handle the volume of transactions correctly rather than manually simplifying. It would give you proper documentation if questions ever arise, and you'd get your full allowable loss. The peace of mind is often worth the investment, especially if you continue crypto trading in future years.

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Aisha Rahman

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One thing nobody's mentioned - audits are stressful because of the UNKNOWN. Even if you've done nothing wrong, there's the lingering anxiety of "what if they find something I missed?" I got audited in 2023 over a home office deduction and even though everything was legitimate, I was anxious for the entire 3 months the process took.

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CosmicCrusader

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This! It's like getting pulled over by a cop even when you're not speeding. Your heart still races because you start second-guessing everything. "Did I signal that lane change? Is my registration current? Is there a taillight out I don't know about?

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Lauren Wood

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Don't forget about state taxes too! Some states are really aggressive about claiming you as a resident even after you've moved abroad. Especially California, New York, Virginia, and South Carolina. If you maintained any connections to your home state (driver's license, voter registration, bank accounts), they might consider you still a resident for tax purposes.

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Jessica Suarez

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This is a good point I hadn't considered! My last US address was in Florida before moving to Germany. I still have my Florida driver's license though it's expired now. Would I still need to worry about state tax issues even though Florida doesn't have state income tax?

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Lauren Wood

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You're in a good position having your last residence in Florida since they don't have state income tax. States without income tax (like Florida, Texas, Nevada, etc.) don't generally pursue former residents for tax purposes. The bigger concern is for people from high-tax states like California or New York, where state tax authorities sometimes argue that you never truly "left" if you maintain certain connections. In your case with Florida, as long as you're filing your federal returns properly, you shouldn't have to worry about state tax complications.

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Ellie Lopez

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An important note that hasn't been mentioned: if you have any non-US mutual funds or ETFs in Germany, be VERY careful as these are considered PFICs (Passive Foreign Investment Companies) by the IRS and have terrible tax treatment and complex reporting requirements.

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Chad Winthrope

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This is so true! I got absolutely destroyed on taxes because I had UK investment funds that were classified as PFICs. The forms are ridiculously complicated (Form 8621) and the taxation is punitive compared to US-based investments. I ended up selling all my foreign funds and only investing through US brokerages now.

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