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Just wanted to add a tip about depreciation recapture that nobody mentioned yet. If you 1031 exchange into another rental property when you sell, you can defer the depreciation recapture tax along with the capital gains tax. I've been building my rental portfolio this way for years, upgrading to larger properties while deferring the tax hit. Also, if you pass away while still owning the property, your heirs get a stepped-up basis and the depreciation recapture tax essentially disappears. That's why some investors hold properties until death as part of their estate planning.
Can you explain the 1031 exchange a bit more? Does it completely eliminate the depreciation recapture or just postpone it? And are there time limits for finding the next property?
A 1031 exchange doesn't eliminate depreciation recapture - it postpones it. The depreciation you've taken gets factored into your new "basis" in the replacement property. There are definitely time limits - you have 45 days from the sale of your property to identify potential replacement properties (in writing), and you must close on the new property within 180 days of selling the old one. You also need to use a qualified intermediary to hold the funds between sales - you can't touch the money yourself. And the replacement property must be of equal or greater value to defer all tax. These exchanges can be complex, but when done correctly, they're one of the most powerful wealth-building tools for real estate investors.
I wish I had understood depreciation before I sold my rental last year. I never claimed it for the 8 years I owned the property because I didn't understand it. When I sold, I got hit with depreciation recapture tax anyway on what I "should have" taken. Paid 25% on about $85k of unclaimed depreciation PLUS capital gains on my actual profit. Expensive lesson!
u should also double check if the refund amount has already been deposited to ur account. if it has, remember that ull probably have to pay back some or all of it when u file the amendment. don't spend that money if u know ull need to send it back!!! i learned this the hard way last yr when i had a similar situation (different issue but still had to amend) and had already spent my refund. had to come up with payment + small interest charge. not fun.
Thanks for the warning! Just checked and yes, the refund was just deposited yesterday. That's part of what made me panic when I realized my mistake today. I'll definitely set that money aside until this gets sorted out. Do you remember how long your amendment took to process? I've heard it can take months.
My amendment took about 14 weeks to process last year. It might be different now tho since irs processing times change all the time. The good thing is that they'll send u a letter confirming they received your amendment within a few weeks, so at least you'll know it's in their system. My best advice is to file the amendment ASAP and include a really clear explanation. I think mine took longer because I didn't explain things well and they had to send me a letter requesting more info. Definitely use the explanation section on the 1040X to clearly state you used 1095-A instead of 1095-B by mistake.
Don't forget to recalculate your advance premium tax credit on Form 8962! That's the form you use with the 1095-A, and it's probably what affected your refund amount. When you file your amendment, you'll need to show the correct calculation based on the period you actually had marketplace coverage. Also, keep in mind that electronic filing isnt available for amended returns. You'll have to print and mail it the old-fashioned way. Make copies of EVERYTHING before sending it.
Are you sure about not being able to e-file amendments? I thought they started allowing that a couple years ago. I e-filed an amendment last year through TurboTax.
Another option that I've used in the past is to check with your local library. Some libraries, especially the bigger ones, keep tax forms on hand during tax season. Worth calling to check if they have W2 Copy A forms available. Also, if you have a local SCORE office (they provide mentoring to small businesses), they sometimes keep tax forms available for small business owners or can direct you to local resources.
That's brilliant! I never thought about the library. There's a pretty big public library about 15 minutes from my office. Do you know if they typically just have the common forms or would they have something specific like W2 Copy A?
Libraries typically focus on the forms that individuals need (1040, schedules, etc.) rather than business forms like W2 Copy A. However, larger libraries with business resource centers might have them or can tell you where to get them locally. Your best bet is probably the SCORE office if you have one nearby. They specifically support small businesses and usually have more specialized business tax forms or connections to get them quickly.
Just an FYI - if you're really in a pinch, you can also use a tax software like QuickBooks Payroll to generate and file the W2 electronically. They have a self-service option where you can enter employee info manually even if you haven't been using them throughout the year. I did this last year when I was in the same situation. It does cost money (around $35-50 if I remember correctly), but it was worth it to avoid the stress and make sure it was done correctly.
3 Just wanted to add something important here: if you have rental properties in an LLC, be careful about "grouping activities" on your tax return. My accountant made a mistake by grouping my rental properties with my real estate development business (where I flip houses), and suddenly ALL my rental income became subject to self-employment tax! Cost me an extra $14,000 in taxes before we fixed it with an amended return.
9 That's a really good point! How exactly do you "group" or "not group" activities on your tax return? Is that something on a specific form or schedule?
3 You'd indicate the grouping of activities on Form 8582 (Passive Activity Loss Limitations) and how you report the income on Schedule E versus Schedule C. The key is making sure rental activities stay on Schedule E as passive income (not subject to self-employment tax) rather than having them rolled into Schedule C business income (which is subject to SE tax). Your tax software might not flag this issue, so it's worth specifically asking your accountant about it. The IRS has specific tests for "material participation" and "real estate professional" status that determine how the income is classified.
16 Has anyone looked into using a Series LLC for multiple rental properties? I heard it could provide liability separation between properties while still being treated as one entity for tax purposes. Would that affect the FICA question at all?
2 Series LLCs are only available in certain states, and the tax treatment can get complicated. I use one in Texas for my 7 properties. The IRS hasn't given definitive guidance on Series LLCs, but generally they're still treated as pass-through entities that don't change the character of rental income. The FICA exemption should still apply as long as your rental activities remain passive.
Andre Laurent
Just want to add something important about expenses for Grubhub/delivery app work: TRACK YOUR MILES! You can deduct $0.655 per mile for 2023 (goes up to $0.67 for 2024). For most delivery drivers, standard mileage rate is better than actual expenses. I made about $525 with UberEats last year, drove roughly 750 miles for deliveries, and was able to deduct $491.25 for mileage alone. This offset most of my delivery income, reducing what I owed in taxes significantly. You'll report the Grubhub income on Schedule C, then subtract your mileage and other business expenses. Even without a 1099, keep good records of your income and expenses in case of an audit.
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Zoe Papadopoulos
ā¢Do you literally just write down your odometer reading before and after each shift? Is there an app that's better for tracking? I just started with DoorDash and want to make sure I'm tracking correctly from the beginning.
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Andre Laurent
ā¢You can track miles either by recording odometer readings or using an app. I personally use the Stride app (it's free) which tracks my miles via GPS while I'm working. At the end of the year, it gives me a report of all my business miles. Some other good options are Everlance, MileIQ, or even just a simple spreadsheet where you log the date, starting point, ending point, purpose of trip, and total miles. The key is consistency - track every work trip and keep the records for at least 3 years in case of audit. Whatever method you choose, just make sure you're tracking from day one - those miles really add up and can save you a ton on taxes!
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Jamal Washington
Just wanted to mention that if your net earnings from self-employment (like Grubhub) are LESS than $400 for the year, you don't have to pay self-employment tax on that income. You still report it on Schedule C, but you won't owe the 15.3% SE tax. So for your $560, after deducting mileage and other business expenses, if your net profit falls below $400, you'll just pay regular income tax on that amount, not the additional self-employment tax. This is a small but important distinction that might save you some money!
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Luca Conti
ā¢So I definitely need Schedule C regardless, but I might not owe the self-employment tax if my net profit (after mileage and expenses) is under $400? That's really helpful to know! The mileage deduction alone might bring me under that threshold since I did put a lot of miles on my car for those deliveries. I'm going to track down all my gas receipts and see if I have any notes about the miles I drove too. Thanks everyone for the great advice. I feel much less confused about how to handle this on my taxes now!
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