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Need help with rental property depreciation catch-up - Form 3115 for previously unclaimed years?

My spouse joined the military back in 2014, and we had to relocate from our home in North Carolina when they got stationed in another state. We initially tried to sell our house, but the market was terrible at the time, so we ended up turning it into a rental property. I've got a few questions about this situation that I'm confused about. 1. We moved out in September 2014, but the house sat vacant until June 2015 when we finally found tenants. Which date would be considered the official "conversion" from personal to rental property for tax purposes? 2. I've been using TurboTax to file our returns for years, and I've never claimed depreciation on this rental house. For the 2023 tax return, the software suddenly flagged this and gave me an error message telling me to go back and check. I ended up skipping the depreciation again because I wasn't sure if I needed to amend all our previous returns or file Form 3115 to catch up. Now I'm preparing for our 2024 taxes and want to make sure I'm doing this correctly. Should I file Form 3115? Do I need to amend previous returns? 3. If I do catch up on depreciation now, will the IRS refund anything we should have received in previous years, or is that money just lost and the catch-up only helps for future returns? For context, it's a single-family home that's been continuously rented since June 2015. We haven't done any major renovations or improvements since we started renting it. The property value has gone up a bit but nothing dramatic - it's in a rural area in Tennessee. I'd estimate the value of just the building (not including the land) was around $135,000 when we converted it to a rental.

Luca Romano

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Just want to add that it's really important to fix this. When you eventually sell the rental property, the IRS will assume you took all allowable depreciation WHETHER YOU ACTUALLY DID OR NOT. So you'll be taxed as if you received the benefit even if you didn't claim it on your returns!

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Nia Jackson

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That's exactly what happened to my parents! They never claimed depreciation on their rental for 12 years, then when they sold it, they got hit with depreciation recapture tax on depreciation they never benefited from. Huge tax bill they weren't expecting.

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NebulaNova

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Has anyone used IRS Form 8949 to adjust the basis when selling a property where depreciation wasn't claimed? I've heard conflicting advice about whether that's an alternative to Form 3115.

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Form 8949 isn't the right approach here. That form is used when you're reporting the sale of a capital asset, not for catching up on missed depreciation. Form 3115 is specifically designed for changing an accounting method, which is exactly what you're doing when you start claiming depreciation that you previously failed to claim. The 3115 allows you to make this correction without amending prior returns. If you waited until sale to try to address unclaimed depreciation, it would be too late - the IRS would still reduce your basis by the depreciation you should have claimed, essentially taxing you on benefits you never received.

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Just an FYI - I work at a tax prep office and we're seeing lots of clients in this exact situation. The distinction between Zelle and other payment apps is important. Zelle operates differently because it's owned by banks, not a separate payment processor. Zelle claims they don't issue 1099-Ks at all because they're just facilitating direct bank-to-bank transfers, not actually processing payments themselves. But that doesn't mean you're off the hook! If you're getting regularly scheduled payments of the same amount, that looks exactly like income to the IRS. If you get audited, they'll ask for bank statements and those Zelle deposits will be right there. Better to report it all now than pay penalties and interest later.

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Thanks for this info! So even if Zelle doesn't report it, I should still be reporting this income? Would I just add it as "miscellaneous income" or would I need to file as self-employed with a Schedule C?

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You should definitely report the income regardless of whether Zelle issues a 1099-K. Since you're receiving regular payments for work performed, this would be considered self-employment income, not miscellaneous income. You'll need to file Schedule C to report your business income and expenses, and Schedule SE to calculate your self-employment tax. This is actually better for you in many ways because with Schedule C, you can deduct legitimate business expenses that reduce your taxable income. If you have a home office, use your phone for work, or have any other expenses related to this work, those can potentially be deductible.

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Is anyone else noticing that the payment apps are super inconsistent with reporting? I get payments through CashApp, Venmo AND Zelle for my small business and last year only PayPal sent me a 1099-K even though I made over $10k on each platform.

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Dylan Cooper

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Same experience here. I got a 1099-K from PayPal but nothing from Venmo despite making similar amounts on both. I reported everything anyway because I don't want headaches with the IRS, but the inconsistency is frustrating. I think different platforms are interpreting the requirements differently.

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For anyone dealing with backdoor Roth issues in TurboTax, here's exactly what you need to do: 1. Enter your non-deductible traditional IRA contribution first 2. Make sure to specify it's NON-DEDUCTIBLE 3. Complete the Form 8606 section entirely 4. Only THEN enter your Roth conversion information 5. Verify the basis amount carries over to the conversion screen I do this every year and it works perfectly. If you do these steps out of order, TurboTax gets confused and can't track your basis correctly.

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Gavin King

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Do you know if this same process works in H&R Block's software? I'm having the same issue there and their support has been useless.

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I haven't personally used H&R Block's software recently, but the general principle is the same. You need to make sure you've entered your non-deductible contribution information and completed the equivalent of Form 8606 before you enter the conversion information. The specific navigation and screens will be different, but the sequence is what matters. Most tax software struggles with backdoor Roth conversions if you don't follow the correct order of operations. Try looking specifically for the Form 8606 section in H&R Block's software and complete that first before handling the conversion.

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Nathan Kim

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something nobody mentioned yet - if you have ANY other traditional IRA money with pre-tax dollars (like old 401k rollovers), the pro-rata rule is gonna mess up your backdoor roth!! the entire conversion isnt tax free even if this specific contribution was non-deductible. turbo tax should handle this if you enter all your ira balances correctly but a lot of ppl forget this part.

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This is such an important point! I got hit with an unexpected tax bill because of this last year. Had a small old IRA with about $12k in it that I forgot about, and it completely changed how my backdoor Roth was taxed.

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Hey everyone, I'm a tax preparer (not a CPA) and I see this Form 8863 issue all the time. Another thing to check is if you received any scholarships or grants. Those reduce your qualified education expenses for the Lifetime Learning Credit calculation. For example, if you paid $5000 in tuition but received a $4000 scholarship, you can only use $1000 as your qualified education expense. That might be why you're ending up with zero, especially if your education expenses weren't that high after considering scholarships. Also, make sure you're eligible for the credit based on your income. The Lifetime Learning Credit phases out at higher income levels (starts phasing out at $80,000 for single filers and $160,000 for joint filers for 2024 returns).

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That's a great point! I didn't even think about my scholarship reducing my eligible expenses. I received about $3,500 in scholarships last year. So if my tuition was $5,000, I would only be able to claim $1,500 for the Lifetime Learning Credit?

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That's exactly right! You would only be able to claim $1,500 as your qualified education expenses in that scenario. And remember, the Lifetime Learning Credit is calculated as 20% of your qualified expenses, so your potential credit would be $300 ($1,500 Ɨ 20%). Then, that potential credit amount gets compared to your remaining tax liability on the Credit Limit Worksheet. If your remaining tax liability is less than $300 (or zero), that's why you'd end up with zero or a reduced credit amount on line 19 of Form 8863.

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Max Knight

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Has anyone tried using a different tax software? I was using FreeTaxUSA and had the exact same issue with Form 8863 and the Lifetime Learning Credit. Switched to TaxSlayer and somehow it calculated a credit for me. Not sure if it's correct but it definitely gave me a different result.

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Emma Swift

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I used both TurboTax and H&R Block and got the same zero result with the Lifetime Learning Credit. I think different software might do the calculations slightly differently, but the end result should be the same if you're entering the same information. Might be worth double-checking that you input everything identically in both programs.

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Don't forget about wash sale rules! While technically they don't apply to crypto right now (since crypto is property not a security), there's been talk about changing this. If you're trying to harvest losses while rebuying positions, be aware this loophole might close soon.

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Wait, so are you saying I could sell some of my underwater crypto positions to harvest the losses, then immediately rebuy the same crypto, and it's not subject to the 30-day wash sale rule that applies to stocks? That would be helpful for offsetting some of the gains.

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Yes, that's exactly right. Currently, cryptocurrency is treated as property by the IRS, not as a security, so the wash sale rules don't apply. You can sell crypto at a loss, claim the tax deduction, and then immediately repurchase the same crypto without waiting 30 days. Just be aware that this is a loophole that Congress has been talking about closing. There have been several proposed bills that would apply wash sale rules to crypto in the future, so this strategy may not be available forever. Always document these transactions carefully in case questions come up during an audit.

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What software are people using to actually file their crypto taxes? I've been using TurboTax but it seems limited for handling complex crypto situations.

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I switched to CoinTracker + H&R Block this year and it's working much better than TurboTax did for my crypto. You can export directly from CoinTracker to H&R Block and it handles all the specific identification stuff correctly.

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