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Something nobody's mentioned yet: check your local laws regarding short-term rentals! Many cities have restrictions or outright bans on Airbnb-type rentals, especially in apartment buildings. You'd hate to set this all up, deal with the tax complications, and then get shut down by your city or landlord. Also, most leases have clauses against subletting, so you might be risking eviction. The tax benefits (or lack thereof) might be the least of your worries!
I actually tried doing exactly what you're describing last year! Here's how it played out tax-wise: I rented a 2-bedroom apartment for $1,900/month and sublet one room on Airbnb. Made about $9,800 for the year in rental income, and claimed expenses of: - 50% of rent ($11,400) - 50% of utilities ($2,200) - New furniture ($1,700) - Cleaning supplies, sheets, etc ($800) - Internet upgrade ($580) So I showed a loss of about $6,880, but my accountant explained I couldn't use it against my W2 income because: 1. It's considered a passive activity loss 2. The $25K exception requires ownership 3. I didn't qualify as a real estate professional The losses got suspended and I can only use them against future rental income. It was still worth it financially because the Airbnb income offset a good chunk of my rent, but didn't help with taxes like I'd hoped.
Wait, aren't you technically running a business though? Could you have classified it as self-employment instead of rental activity? Then maybe the losses would apply differently?
I asked my accountant about that too! She said it depends on the level of services provided. If you're just providing basic rental amenities (bed, bathroom, etc.), it's still rental activity. If you're providing substantial services like daily cleaning, meals, concierge services, etc. - more like a B&B - then it might qualify as a business rather than rental activity. In my case, I wasn't providing those "substantial services" so it still counted as rental activity with all the passive loss limitations.
My accountant told me the 1095-C is basically just proof that your employer offered you qualifying health insurance. The info on it is reported to the IRS by your employer anyway, which is why tax software doesn't ask for it. Just keep it in your records for 3 years like any other tax document.
Do you know if it matters that I have outstanding payments? The original poster mentioned still owing some money for their insurance and I'm in the same boat. Will that affect anything tax-wise?
Your outstanding insurance payments don't impact your tax filing in relation to the 1095-C. The form simply documents what coverage was offered to you and which months you were enrolled. Any payments you still owe are between you and your insurance provider or employer (depending on how your plan is structured). These don't need to be reported on your tax return. The only exception might be if you're itemizing medical expenses that exceed 7.5% of your AGI, but that's completely separate from the 1095-C reporting requirement.
One thing nobody mentioned - make sure the information on your 1095-C is actually correct! My employer had me listed with coverage for months I wasn't employed there and it caused a huge headache. Check the coverage months in Part II to make sure they match when you actually had the insurance.
Did you file your Form 990 while waiting for 501(c)(3) determination? A lot of new nonprofits don't realize you still need to file some type of 990 (usually 990-N for small orgs) even while your 1023 is pending. If you missed filing for 3 consecutive years, that could trigger automated notices like what you're describing.
This is such an important point! I volunteer with several small nonprofits and this is the #1 mistake I see. Even if you're waiting on 501(c)(3) determination, you absolutely must file your 990. The IRS doesn't automatically connect your 1023 application with your filing requirements.
One small additional tip - call your Secretary of State's office in MA to confirm your nonprofit corporation status is in good standing. Sometimes these IRS notices happen because there's a problem at the state level (like a missed annual report) that hasn't been communicated to you directly. Take photos of EVERYTHING you send to the IRS and keep detailed notes of every call (date, time, agent ID if they give one). You'll need this documentation if things get more complicated. Also, I'd seriously consider getting a consultation with a nonprofit tax attorney. Most will do a 30-minute consult for a reasonable fee, and having someone who can look at your specific situation could save you thousands in the long run.
Thank you, I'll definitely check with the MA Secretary of State tomorrow. Do you have any recommendations for finding a nonprofit tax attorney who won't charge a fortune? Our budget is already stretched thin with all this paperwork.
Check with your local community foundation or nonprofit resource center - many offer free or low-cost legal referrals for new nonprofits. Also look into law schools in your area, as many have nonprofit law clinics where supervised students provide free assistance. Another option is Pro Bono Partnership or Lawyers Alliance if you're in an area they serve. They specifically match nonprofits with attorneys who volunteer their time. Just Google them plus your area to see if they operate near you.
Just to add another perspective - I amended a return last year using TurboTax and it wasn't too difficult. If you filed your original return with tax software, check if they offer an amendment service. Often they can pull your original information and you just need to make the changes. Keep in mind that amended returns take FOREVER to process right now. Mine took almost 9 months to be processed completely. But at least you'll be in compliance and avoid those penalties others mentioned.
9 months?! That's insane. Does that mean I won't get the additional refund (if there is one) for that long? Or would I likely owe more since a W2 was missing?
It really depends on what was on that missing W2. If there was a lot of withholding on it, you might be owed an additional refund. If there wasn't much withholding compared to the income, you'll probably owe more tax. And yes, unfortunately the wait times are crazy long now. If you're owed money, you'll have to wait until they process the amendment to get it. If you owe more, you should pay it when you file the amendment to minimize interest and penalties, even though they'll take forever to actually process the paperwork.
Don't forget that if you and your ex are still splitting the refund, you'll need to work out how this amendment affects that split. If you end up owing money instead of getting more back, who's responsible for paying it? Make sure you have that conversation before filing the amendment to avoid more drama later. Also save copies of EVERYTHING. My ex "lost" all our tax documents after our divorce and it was a nightmare sorting it out. Make sure you have your own copies of the original return, the W2s, and the amendment.
Caleb Stark
One thing nobody mentioned yet - if you filed through a tax preparer like H&R Block or TurboTax, sometimes they have additional tools or resources to help track your refund or explain statuses like Tax Topic 152. I had this same issue last year and when I logged into my TurboTax account, they had more detailed tracking info than the IRS website provided. Plus they had an explanation of what Tax Topic 152 usually means for different filing situations.
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Jade O'Malley
ā¢Which tax software gives the most detailed tracking? I used FreeTaxUSA this year and their tracking doesn't seem to have any more info than the IRS site.
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Caleb Stark
ā¢In my experience, TurboTax and H&R Block tend to have the most detailed tracking features built into their apps and websites. They pull data from the IRS but present it in a more user-friendly format with better explanations. FreeTaxUSA is great for filing affordably, but their after-filing support isn't as robust as the premium services. TaxAct falls somewhere in the middle - better tracking than FreeTaxUSA but not quite as comprehensive as TurboTax.
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Hunter Edmunds
Tax Topic 152 actually showed up on my return status for about 3 weeks last year. I claimed both EIC and the Child Tax Credit. The bars disappeared and I got that topic message instead. I freaked out at first, but then my refund suddenly appeared in my account with no other updates or notices. The WMR tool never even updated to "approved" status for me - it went straight from Topic 152 to "refund sent" after it was already in my account. So sometimes the system just doesn't update properly even though your refund is being processed normally. The IRS systems are ridiculously outdated.
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Mia Alvarez
ā¢That's actually reassuring! Did you do anything special to get your refund moving or did it just suddenly appear one day? I'm hoping mine moves along without me having to do anything.
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