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One thing to watch out for with rental property LLCs - make sure you're tracking "active participation" hours if you want to claim the rental loss against your ordinary income (up to $25,000 depending on your AGI). With an LLC, you need to be careful about how you document your personal involvement since the pass-through nature can sometimes make it harder to prove you personally met the active participation requirements.
What exactly counts as "active participation"? I handle most of the management stuff - finding tenants, dealing with maintenance calls, etc. But my brother handles most of the actual repair work. Do we both qualify?
Active participation is less stringent than material participation. For active participation, you need to make management decisions like approving tenants, deciding on rental terms, approving repairs, etc. You don't necessarily need to do the physical work yourself. Based on what you described, you would likely qualify since you handle the management aspects. Your brother would also likely qualify since he's involved in the actual maintenance work. Keep good records of the time you both spend and the decisions you make related to the properties. A simple log with dates and descriptions of rental-related activities is usually sufficient.
Don't forget about QBI (Qualified Business Income) deduction - Section 199A! With rental properties in an LLC, you might qualify for an additional deduction of up to 20% of your qualified business income from the rentals. There are income limitations and other requirements, but it's commonly overlooked for rental property owners. This is separate from the regular rental property expense deductions.
Have you checked your IRS transcript online? Sometimes that shows more detail than the Where's My Refund tool. You can access it by creating an account on IRS.gov if you don't already have one. The transcript might show specific codes that indicate what's happening with your return.
I tried to create an account but it wouldn't verify my identity because I don't have a credit card or loan history (I mostly use cash and debit). Is there another way to check?
You can request your transcript by mail if the online verification doesn't work for you. Go to IRS.gov and search for "Get Transcript by Mail" or use Form 4506-T. It takes about 5-10 days to arrive. Another option is to call the IRS automated transcript line at 800-908-9946. You won't speak to a person, but you can request that they mail your transcript. If you absolutely need to talk to someone, try calling the main IRS number (800-829-1040) early in the morning right when they open - that's usually when wait times are shortest.
Since this is your first time filing, did you file by paper or electronically? Paper returns can take MONTHS to process. Also, the EITC (Earned Income Tax Credit) returns are held until at least February 15th by law, so they couldn't start processing yours until after that date even though you filed earlier.
They said in the post they filed electronically with H&R Block. Reading comprehension lol
Don't forget about the penalties for not reporting foreign accounts! I made this mistake two years ago and ended up with a $10,000 penalty because I didn't file the FBAR form on time. The IRS isn't very forgiving with foreign account reporting - they consider it a serious issue. Filing the amendment quickly and voluntarily disclosing the error before they discover it can help reduce penalties. If your accounts are small and it's an honest mistake, sometimes they'll waive penalties completely, but you need to be proactive about fixing it.
That's terrifying! Did you end up actually having to pay the full $10k penalty? Were you able to get it reduced at all? I'm freaking out now because my accounts were inherited from my grandmother and I honestly didn't realize I needed to report them since the interest was only like $300.
I was eventually able to get the penalty reduced to about $1,200 after going through a formal appeal process and demonstrating it was an honest mistake. The key was that I voluntarily amended my return before they discovered it. In your case, with such a small amount of interest and the fact that you're correcting it immediately, you might qualify for a complete penalty waiver under their "reasonable cause" exception. Make sure you include a detailed letter explaining that you inherited the accounts, were unaware of the reporting requirements, and are now voluntarily correcting the oversight as soon as you discovered it. The IRS is more understanding with inherited accounts since many people don't realize the reporting requirements apply to those too.
A quick tip about amending for foreign accounts - don't just file the 1040-X. Also file IRS Form 14653 (Certification by U.S. Person Residing Outside the United States for Streamlined Foreign Offshore Procedures) if you qualify. It can help you avoid penalties.
That's actually incorrect advice. Form 14653 is only for U.S. persons who have been living abroad. Based on the original poster's mention of filing a California state return, they likely don't qualify for the Streamlined Foreign Offshore Procedures. They would potentially qualify for the Streamlined Domestic Offshore Procedures, which uses Form 14654, not 14653. However, even that program is generally for taxpayers who have failed to report foreign accounts for multiple years, not just a single oversight on a recently filed return. For a simple correction of a recent return where foreign interest was omitted, a standard 1040-X amendment is usually the appropriate approach, along with filing any required FBAR forms.
Heads up - this exact thing happened to me. Check if you accidentally reported your crypto transactions on Form 8949 with the wrong checkbox (A/B/C). If you marked "basis reported to IRS" but Robinhood didn't actually report the basis to the IRS in 2021 (which many exchanges didn't), the IRS computer assumes your basis was $0 and calculates tax on the entire proceeds! This is the most common crypto tax mistake from 2021-2022. The IRS is just now catching up on processing these.
Wait, that sounds exactly like what might have happened! How did you resolve it once you realized the mistake? Did you have to file an amended return or just explain it in a response to their letter?
I didn't need to file an amended return. I sent a formal response to the IRS letter that included a new correctly filled out Form 8949 with the proper checkbox marked, along with documentation showing my actual purchase prices and dates for the Doge. I also included a brief letter explaining that I made an error in checking the wrong box but that I had in fact reported all income properly. They accepted my explanation and adjusted the amount owed to match what I had originally calculated and paid. The whole process took about 2 months from when I sent my response to getting their confirmation.
Just want to add - KEEP ALL YOUR CRYPTO RECORDS FOREVER. I learned this the hard way. Every transaction, every wallet transfer, every swap. The IRS is going through old crypto transactions with a fine-tooth comb now. The 2021 bull run created a lot of taxable events that people either misreported or didn't report at all, and they're systematically going after everyone. My accountant told me they're seeing a huge wave of these letters for 2021 crypto transactions specifically.
Do you know if they're focusing only on the major exchanges like Robinhood and Coinbase, or are they somehow tracking DeFi transactions too? I did some swaps on Uniswap back then that I'm not sure I documented properly.
Reginald Blackwell
I've been using a CPA for years. The process is usually: 1. I drop off docs or upload them to their portal 2. We have a quick call about any changes from last year 3. They prepare everything and send a draft 4. We schedule a review call 5. They file once I approve So much better than sitting there at H&R Block for hours! My CPA charges more but finds way more deductions.
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Aria Khan
ā¢Curious - how much more does a CPA typically charge compared to H&R Block?
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Reginald Blackwell
ā¢It varies a lot based on complexity. When I just had W-2 income, my CPA charged about $350 compared to roughly $200 at H&R Block. Now with rental property and some business income, I pay about $750. The difference has been worth it though - my CPA found nearly $3,000 in deductions H&R Block missed the year before I switched. CPAs generally have more education and expertise, especially with complex situations. If your taxes are super simple, the price difference might not be justified, but with any complexity, a good CPA usually pays for themselves.
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Everett Tutum
Just adding another perspective - I tried both. At H&R Block, they complete everything while you're there, which is convenient but sometimes feels rushed. The CPA I use now collects everything, then takes about 2 weeks to prepare a draft. I actually prefer the CPA approach because they're more thorough and don't feel pressured to finish in one sitting. Last year they found a credit related to my student loan interest that H&R Block had missed for YEARS.
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Sunny Wang
ā¢Thanks for sharing! How did you find your CPA? I'm nervous about just picking someone random.
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