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One thing nobody's mentioned is that if your relative decides to file Form 3115, they'll need to calculate the correct depreciation basis from when they FIRST converted the property to rental use, not from today. This means figuring out the lower of: 1) Original purchase price + improvements - land value 2) Fair market value when converted to rental use - land value Then they apply the appropriate depreciation schedule (typically 27.5 years straight-line for residential rental property). I made this mistake when fixing my missed depreciation and had to redo everything. Make sure they get the starting basis right!
What if they don't know what the fair market value was when they started renting it? Is there a way to figure that out after the fact? My property was inherited so I have no idea what it was worth when I started renting it out 8 years ago.
You can establish the fair market value retroactively. One approach is to look at comparable sales in the same neighborhood around that time period. Real estate websites sometimes have historical data, or you could ask a realtor to help with a retroactive market analysis. You could also check property tax assessments from that year, though these are often lower than actual market values. Typically you'd take the assessed value and apply a multiplier based on your county's assessment ratio. Another option is to get a professional retroactive appraisal. Some appraisers specialize in this. It costs money but provides good documentation if you're ever audited.
Quick warning to the OP - I was in almost the exact situation (missed depreciation on a duplex for 7 years). When I filed Form 3115, it triggered a correspondence audit. Not saying it will happen to your relative, but they should be prepared with good records just in case. The audit wasn't terrible, but I had to provide: purchase documents, proof when I converted to rental use, rental income records, and documentation of my depreciation calculations. Everything worked out fine in the end, but it was stressful for a few months.
How did you calculate the land value portion? That's the part I'm stuck on with my rental. I know you can't depreciate the land, but I'm not sure how to determine what percentage is land vs building.
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OP, one other thing to check that no one's mentioned yet - look at line 6 of Form 1040X (if an amended return was filed). That line asks about the method used to calculate taxes. Sometimes if this isn't filled out correctly, it can cause major calculation issues. Also, any time the IRS mentions "additional tax assessed" with no clear explanation, double-check that no one filed a return using your SSN. My cousin had this happen and it was a nightmare to straighten out.
Thanks for this suggestion! I don't *think* I filed an amended return (unless the tax software did something automatically I wasn't aware of). But the identity theft angle is concerning me now. If someone else filed using my SSN, how would I even know? Would it show up clearly on my transcript or would it be hard to spot?
If someone filed using your SSN, you would typically see some red flags on your transcript. Look for any entries showing two tax returns processed or unusual refund amounts that don't match what you received. The transcript might show codes like "duplicate filing" or "potential identity theft case." Another sign would be if your transcript shows income amounts significantly higher than what you actually earned. In most cases of tax identity theft, the fraudulent return is filed early to claim a refund before the legitimate taxpayer files. If you suspect identity theft might be involved, you should contact the IRS Identity Protection Specialized Unit at 800-908-4490 right away. They have special procedures for these cases that are separate from the normal assessment dispute process.
Just went through this exact situation! Call the IRS (plan to be on hold forever) and specifically ask for a "fully detailed explanation of the additional assessment" - it's different from just asking why you owe money. They can generate a document that breaks down exactly where the tax came from. In my case, it turned out to be some stock sales where the brokerage reported proceeds but no basis to the IRS. I had to fax in documentation showing what I paid for those stocks originally. Super annoying but fixable!
How long did it take to get resolved after you sent in the documentation? I'm in a similar situation and trying to figure out if I should just pay it to stop the interest from accumulating or wait for them to process my documentation.
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A trick that worked for me when I had this issue - try entering your AGI without any cents, just the whole dollar amount. Sometimes the system gets tripped up with decimal places. Also, make sure you're using the AGI from your ORIGINAL filed return, not an amended one if you filed a 1040X later.
What if I filed in a different state last year? Does that affect the AGI I should be using for verification?
Your federal AGI is what matters for IRS verification, regardless of which state you filed in last year. The state you lived in doesn't change your federal AGI number. Your AGI is on line 11 of your 2021 Form 1040, and that's the number you should use for verification even if you moved to a different state.
I had the same problem and tried calling the IRS but was on hold for like 2 hours and then got disconnected!!! So frustrating. What finally worked for me was requesting a tax transcript from the IRS website and using the AGI shown there. Sometimes the AGI on your tax return copy isn't the same as what the IRS has on file if there were any adjustments made.
How long did it take to get the transcript? I need to file ASAP and don't have time to wait for mail.
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There's another historical reason for the marriage penalty that hasn't been mentioned yet. The tax system was originally designed when most households had a single income earner. When the system was created, giving married couples higher brackets and deductions made sense because one income supported multiple people. As women entered the workforce in greater numbers, two-income marriages became more common, but the tax code didn't fully adjust. There was also some social engineering at play - some policymakers believed tax benefits should go to "traditional" family structures. The technical term for the issue is "joint return stacking" - when two individual incomes are "stacked" together, progressive tax rates push more income into higher brackets compared to filing separately.
This is really interesting history! Do you know if other countries handle this differently? Like do European countries have marriage penalties too?
Many European countries use individual taxation regardless of marital status, which eliminates the marriage penalty entirely. Countries like the UK, Sweden, and Spain tax individuals rather than couples, so getting married doesn't change your tax situation. Some countries like France use a family quotient system where total household income is divided by the number of family members (with children counting as partial members) before applying tax rates. This creates marriage bonuses rather than penalties. Germany has a system where married couples can effectively split their income evenly for tax purposes, which benefits couples with disparate incomes but is neutral for equal earners. The US system is actually unusual in how it potentially penalizes dual-income married couples compared to most developed nations.
Something nobody's mentioned is that the marriage penalty isn't just about tax brackets! It also hits with phase-outs for deductions and credits. For example, two single people earning $70k each ($140k total) might qualify for certain deductions that phase out at $100k for singles. But as a married couple with $140k combined, they'd be over the married phase-out threshold if it's less than $200k. This happens with student loan interest deductions, Roth IRA contribution limits, and lots of other benefits. These phase-outs often don't double for married couples.
Omg yes! This is exactly what happened to us with student loan interest! When we were both single we could each deduct our student loan interest, but after marriage we lost most of the deduction because of the phase-out. Wasn't expecting that at all!
That must have been an unpleasant surprise! The student loan interest deduction is a perfect example - singles can deduct up to $2,500 if their income is under $85,000 (phasing out starting at $70,000). But for married couples, it starts phasing out at $145,000 and completely disappears at $175,000. So two people each making $75,000 would get partial deductions as singles, but married they might get nothing. It's these little details that can really add up to a significant marriage penalty that goes beyond just the tax brackets themselves.
Alexis Robinson
Did you recently file for bankruptcy? If not, that 1099-C with Code A might be wrong. I had a creditor send me a 1099-C with Code A even though my debt was settled through a debt management program, not bankruptcy. Had to call them to get a corrected 1099-C with the right code.
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Aaron Lee
•I see this happening a lot actually. The coding on 1099-Cs is often wrong! Another common mistake is using Code B (insolvency) when it should be Code A (bankruptcy) or vice versa. Always double-check these forms because the codes determine how you'll need to complete Form 982.
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Chloe Mitchell
Yes to your question! If the 1099-C has Code A in Box 6, that means the creditor is reporting the debt was canceled in a bankruptcy. Line 1a on Form 982 corresponds to discharge of debt in a Title 11 case (which means bankruptcy). So check line 1a. As for why they issue the forms at all - it's because the IRS requires creditors to report ALL canceled debt over $600, regardless of whether it's taxable or not. The 1099-C doesn't determine taxability; it just reports the cancellation. You then determine if it's excludable on your tax return using Form 982.
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