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Ask the community...

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StarStrider

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You might qualify as a real estate professional which would allow you to deduct rental losses against ordinary income without limitation. To qualify, you need to: 1. Spend more than 750 hours per year in real estate activities 2. Spend more than 50% of your total working time in real estate businesses 3. Materially participate in each rental property If you were heavily involved in managing the repairs and finding new tenants, you might be closer to qualifying than you think. Keep detailed time logs if you're going this route though - the IRS scrutinizes these claims.

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Zara Malik

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This is potentially dangerous advice without more context. Real estate professional status is one of the most audited areas by the IRS. Unless the original poster actually works in real estate as their primary profession, they almost certainly won't qualify. Having one rental property with some repair issues isn't enough to meet the substantial requirements for this status.

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StarStrider

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You're right that it's heavily scrutinized, and I should have been clearer. Real estate professional status typically requires working in real estate full-time and having multiple properties. For someone with just one condo that had issues, it's unlikely they'd qualify. A more realistic approach for most people is to ensure all legitimate expenses are captured on Schedule E, properly document everything, and then carry forward losses to future tax years when they can be used against rental income or when the property is sold.

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Luca Marino

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Have you looked into whether any of this qualifies as a casualty loss? While the Tax Cuts and Jobs Act limited personal casualty losses, business casualty losses are still deductible, and your rental is a business. The water damage might qualify if it was sudden and unexpected. You'd report this on Form 4684 and potentially get around some of the passive activity loss limitations. Worth investigating!

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Ravi Kapoor

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That's interesting - I hadn't considered the casualty loss angle. The water damage was definitely sudden and unexpected (a pipe burst in the wall). Do you know how this would work with the insurance payments I received? The insurance covered about 85% of the damage, but I still had out-of-pocket costs.

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Did you file with a tax preparer or software? Sometimes they deduct their fees from your refund rather than charging you upfront, which could explain some of the missing money. When I used [popular tax software] last year, they took $139 for federal filing, state filing, and processing fees directly from my refund. Check your tax prep agreement to see if that might be part of what happened.

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I used TurboTax but I paid for it with my credit card during filing, so the fees definitely weren't taken from the refund. The weird thing is that the IRS "Where's My Refund" tool shows the full amount, but what's pending in my bank is less. That's what has me so confused.

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In that case, it's almost certainly an adjustment or offset of some kind. One thing to check - did you receive all of your stimulus payments during COVID? Some people who claimed the Recovery Rebate Credit had it adjusted by the IRS if their records showed the stimulus was already paid. Also worth checking if your bank might have put a temporary hold on part of the deposit, though that's less common.

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Has anyone checked if their refund is getting split into multiple deposits? My sister thought her refund was short last year but it turned out the IRS sent it in two separate transactions about 3 days apart. No explanation why but both eventually showed up.

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Nick Kravitz

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This happened to me too! I had a partial deposit and freaked out, then 4 days later the rest showed up. The IRS never explained why they split it. Something about fraud prevention maybe?

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Make sure you're not confusing the American Opportunity Credit with the Lifetime Learning Credit. They have different rules and the AOTC is generally more valuable (up to $2,500 vs $2,000 for LLC) but has different eligibility requirements. If you're an undergraduate in your first four years, AOTC is usually better. Also, check if your parents might be claiming you as a dependent - only one of you can claim the education credit, and it's usually more beneficial for the person with higher income to claim it (up to the phaseout limits).

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I'm actually in graduate school, so I'm past the 4-year limit for AOTC. And I file independently, so no worries about the dependent situation. Would the loan disbursement date still be the determining factor for the LLC just like it is for AOTC?

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Yes, the same timing rules apply to both the LLC and AOTC - it's when the payment is made to the institution that matters. For loan proceeds, that's the disbursement date to the school. Graduate school definitely limits you to the Lifetime Learning Credit, but at least you can claim that for an unlimited number of years. One other thing to watch for: make sure you're only claiming tuition and required fees, not room and board or other expenses, as qualified education expenses. The rules are pretty strict about what qualifies.

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Omar Fawaz

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Anyone use TurboTax for this? I'm trying to figure out where to enter qualified education expenses that aren't on my 1098-T.

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Chloe Martin

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In TurboTax, when you get to the education section, there's a screen that asks about your 1098-T. After you enter the 1098-T info, it will ask if you had additional qualified expenses not reported on the form. That's where you can add the extra qualified expenses. Just make sure you have documentation to back it up!

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For finding a good accountant, I highly recommend checking with your local Chamber of Commerce. I found my current accountant through them, and she has experience with clients who have varied income sources including crypto. One thing to keep in mind - you need both past organization AND future systems. Ask any professional you hire about setting up ongoing bookkeeping processes so you're not in this same situation next year. My accountant set me up with QuickBooks Self-Employed which automatically categorizes most of my transactions and even tracks mileage. For the crypto specifically, look for someone who has taken continuing education in this area, as tax rules for crypto continue to evolve. Not all accountants stay current on this.

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Really appreciate the idea about the Chamber of Commerce - never would have thought of that! And good point about setting up systems for the future. Do you find QuickBooks easy to use for someone who's not naturally organized?

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QuickBooks Self-Employed is pretty user-friendly, even for the organizationally-challenged! It connects to your bank accounts and payment apps, then automatically sorts transactions. You just need to review them occasionally to make corrections. The mobile app is super convenient - you can snap pictures of receipts on the go, and it has automatic mileage tracking. My accountant did an hour-long setup session with me to customize categories for my specific business, which made a huge difference. The key is consistent small efforts rather than trying to sort everything at tax time.

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Just want to add that the National Association of Tax Professionals (NATP) has a directory where you can search for tax preparers with specific expertise. That's how I found someone who understands crypto taxation when I started mining Ethereum. And definitely get someone ASAP for 2023 taxes rather than waiting. A good accountant can still file an extension for you if needed, which gives more time to file (though not more time to pay if you owe). Better to start the relationship now than wait until next year.

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I checked out the NATP site and found three CPAs in my area who list cryptocurrency experience! Thanks for this tip - seems much more targeted than just googling "accountant near me" which is what I was doing.

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Ethan Davis

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One thing no one's mentioned yet - if the land you sold was held for LESS than a year, you'll pay short-term capital gains rates, which are the same as ordinary income rates. Those can be much higher than the 15% long-term rate. Also, depending on your income level, you might also have to pay the 3.8% Net Investment Income Tax on top of your capital gains tax if your modified adjusted gross income exceeds certain thresholds ($200,000 for single, $250,000 for married filing jointly). Make sure you're accounting for all of this in your tax planning!

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Yuki Tanaka

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What if you sell land that was gifted to you? My parents gave me some property a few years back and I'm thinking about selling. Would I use their purchase price as my basis or something else?

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Ethan Davis

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With gifted property, you generally take the donor's basis (what your parents paid originally) as your basis. This is different from inherited property, which gets a stepped-up basis to fair market value at the time of death. However, there's a special rule if the fair market value at the time of the gift was LESS than the donor's basis and you sell at a loss. In that case, you use the fair market value at time of gift to calculate the loss. It's a bit complicated, but Publication 551 from the IRS explains this in detail. Also keep in mind that if your parents paid gift tax when they gave you the property, you might be able to add some of that gift tax to your basis, potentially reducing your gain when you sell.

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Carmen Ortiz

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Dont forget to check if your state has different capital gains rates than federal! I got burned on this last year - my state treats all capital gains as ordinary income so I ended up paying a higher rate than I expected.

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Also check for any local taxes! Some cities have their own income taxes that apply to capital gains too. Philadelphia got me with this - had to pay city tax on top of federal and state.

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