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Has anyone dealt with a situation where the property value was LESS than the remaining loan amount? My uncle left me his house but it's underwater compared to the loan I gave him. Does that change the tax situation at all or is it still considered a merger with no COD income?
I had a similar underwater property situation. In my case, my tax advisor explained that there's still no cancellation of debt income because of the merger doctrine, but I had to adjust my basis in the property down to its fair market value at the time of inheritance. So if you loaned $300k, but the property was only worth $250k when you inherited it, your basis would be $250k, not the loan amount. The $50k difference isn't treated as COD income but essentially gets "lost" in the transaction. At least that's how it worked for me - definitely check with a professional for your specific situation.
Thanks for sharing your experience! That makes sense about adjusting the basis to fair market value rather than the loan amount. I'll definitely verify with my tax person, but it's reassuring to hear about a similar situation.
Random question - would the answer change if the promissory note was held by a trust rather than an individual? My situation involves a family trust that made the loan, and now the property is coming back to the trust through inheritance when the borrower died.
That's an interesting variation. With trusts, it depends on whether it's a grantor trust or non-grantor trust. If it's a grantor trust where you're both the grantor and the beneficiary, the merger principle would likely still apply similarly to individual ownership. If it's a non-grantor trust with multiple beneficiaries, the analysis becomes more complex because you don't have complete identity between the lender and new property owner. In that case, there could potentially be some cancellation of debt considerations depending on how the trust is structured and who the beneficiaries are.
One thing nobody's mentioned yet is that you might qualify for the Earned Income Tax Credit, especially as a single parent with a toddler. The income thresholds for EITC with a qualifying child are pretty generous and could offset some of your tax liability. Also, look into the Child Tax Credit. For 2025, it's worth up to $2,000 per qualifying child under 17. There's also the Child and Dependent Care Credit if you're paying for childcare while you work. These credits can make a huge difference for self-employed parents!
I had no idea I might qualify for those credits! Do they apply even if I'm self-employed? And how do they interact with the self-employment tax?
Yes, they absolutely apply to self-employed people! Self-employment income is earned income, so it counts for the EITC calculation. The Child Tax Credit and Child and Dependent Care Credit are available regardless of how you earn your income. These credits don't reduce your self-employment tax directly, but they reduce your overall tax bill. The EITC is even refundable, meaning you can get money back even if you don't owe income tax (though you'd still owe the SE tax).
Have you considered making S-Corp election? Once you get to around $40-50k in profit, it can save you thousands in SE tax. You'd pay yourself a reasonable salary subject to FICA, but take the rest as distributions which aren't subject to SE tax. It's more paperwork and you need to run payroll, but the tax savings can be substantial. Not worth it at your current income level probably, but something to consider if your business grows.
My accountant advised against S-Corp until hitting at least $80k in profit consistently because the added costs of payroll services and additional tax forms can eat up the savings at lower income levels. Worth getting professional advice on this one!
One thing nobody's mentioned yet is that your SIC/NAICS code can affect your insurance rates too! When I started my woodworking business, I initially used a general manufacturing code and my insurance quote was astronomical. Once I updated to the proper furniture crafting code, my premiums dropped by about 40%. Insurance companies use these codes to determine risk factors for your specific industry. Getting the wrong code can cost you thousands in unnecessary premiums. Take the time to research the exact subcategory that fits your business operations.
Wow I had no idea about the insurance angle! Do you think it would be worth talking to an insurance agent before finalizing my NAICS code then? Or should I just research the rates for different potential codes online?
Talking to an insurance agent is definitely worth it. They can give you quotes based on different code classifications and explain the risk factors associated with each. Online research is good for initial information, but insurance rates vary widely by location and specific business details. An agent familiar with small business insurance can explain how different classifications might affect not just your premiums but also your coverage options. In my case, the agent actually identified a more specific subcategory that better represented my custom furniture work versus mass production, which made a significant difference.
I think everyone's overthinking this. I just googled "pet grooming NAICS" when I started my business and put that code on all my paperwork. Never had an issue getting my business license, bank account, or anything else. Banks care way more about your credit score and business plan than your NAICS code in my experience.
That's not entirely true. I work in small business lending at a regional bank, and we absolutely look at industry codes. Certain codes qualify for specialized loan programs with better terms. Also, we use industry codes to compare financial performance against industry benchmarks when evaluating loan applications. Getting the right code won't guarantee a loan, but the wrong code could definitely work against you.
Have you considered a virtual bookkeeper instead of a CPA for ongoing support? I use a bookkeeper monthly for my rentals and side business (about $150/month), then only consult with a CPA quarterly for tax planning (about $200/quarter). Saves me a ton of money compared to paying CPA rates for basic bookkeeping questions.
I hadn't thought about splitting the services like that! Do you find that the bookkeeper is knowledgeable enough about tax matters to help you categorize expenses properly? And how did you find a good virtual bookkeeper?
My bookkeeper is definitely knowledgeable about proper expense categorization for tax purposes - that's actually one of the main benefits. She ensures everything is tagged correctly throughout the year so tax filing is much simpler. She also helps identify potential deductions I might have missed. I found my virtual bookkeeper through the QuickBooks ProAdvisor directory. Look for someone who has experience specifically with rental properties and small businesses. I interviewed three before choosing one, asking specific questions about their familiarity with Schedule E, home office deductions, and vehicle expense tracking. The right bookkeeper can save you money not just on CPA fees but on taxes too by keeping meticulous records.
Whatever you do, don't just pick a random "tax professional" from social media ads. I made that mistake last year and ended up with someone who claimed to be a CPA but actually wasn't licensed. Cost me $350 for advice that turned out to be completely wrong about rental property depreciation.
Elijah Jackson
As someone who works with multiple tech companies on their taxes, I think the likelihood of a 2023 fix is about 50/50 at this point. The business community and many legislators from both parties want to restore immediate expensing, but finding the right legislative vehicle is challenging. The Joint Committee on Taxation scored the 5-year reversal at about $140 billion over 10 years, which makes it a significant budget item that needs offsets. Most likely scenario is it gets attached to a must-pass bill in Q4, possibly with some modifications. My advice? Don't make major R&D decisions based solely on potential tax changes. Focus on business value first, then optimize the tax treatment as much as possible under current law.
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Sophia Miller
ā¢What about companies that are already cutting R&D specifically because of this tax change? I've seen several businesses in our industry reducing US-based research and moving more overseas because of this issue. Doesn't that defeat the purpose of encouraging innovation?
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Elijah Jackson
ā¢You're absolutely right that the tax change is having unintended consequences. I have clients who are shifting R&D to countries with more favorable tax treatment, like Canada and the UK, which offer refundable R&D tax credits on top of immediate expensing. This is exactly why there's bipartisan interest in fixing it. The original change was never about discouraging R&D - it was a revenue raiser to offset other tax cuts in the 2017 bill. Many legislators from both parties have expressed concern about the competitiveness impact. But tax policy often moves slowly, especially with divided government. Companies have to make decisions based on current law while advocating for changes. It's a challenging balance.
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Mason Davis
Does anyone know if state tax treatment of R&D expenses has also changed? Our company operates in California and Massachusetts, and I'm not sure if they follow the federal treatment or have their own rules for R&D amortization.
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Lincoln Ramiro
ā¢Great question - it varies by state. Many states use federal taxable income as their starting point, so they automatically adopt federal treatment unless they specifically decouple. California partially conforms to federal tax changes but has its own R&D credit that remains very favorable. Massachusetts has decoupled from this specific federal change, allowing immediate expensing of R&D for state tax purposes. Check with your specific states, but this is an area where you might get some relief at the state level even while the federal issue remains unresolved.
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