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Has anyone had experience with what happens if you file with the incorrect W-2? My HR department is saying it could take 3-4 weeks to issue a corrected W-2, but I'm supposed to receive a large refund this year that I really need soon.
If you file with the incorrect W-2, you risk getting a notice from the IRS later because the information won't match what's in their system after your employer submits the correction. This could delay your refund even more, plus potentially lead to penalties and interest if it results in incorrect tax calculation. If you absolutely cannot wait, you can file Form 4852 (Substitute for W-2) along with your return, but you'll need to have documentation showing what the correct amounts should be. Honestly though, waiting for the corrected W-2 is usually the cleanest approach.
I just went through this exact situation last month! My employer made the same mistake - they put my Limited Purpose FSA contributions in Box 10 when they should have just been excluded from my taxable wages in Box 1. Here's what worked for me: I contacted both HR and our FSA administrator (in my case it was HealthEquity) at the same time. The FSA administrator actually reached out to HR on my behalf and helped expedite the correction since they deal with this type of reporting error frequently. While waiting for the corrected W-2, I also gathered all my benefit enrollment documents showing I specifically elected the Limited Purpose FSA, not the Dependent Care FSA. This documentation was super helpful when explaining the error to both HR and later to my tax preparer. One thing to note - make sure when you do get the corrected W-2 that they completely remove those contributions from Box 10. They shouldn't move them to another box, they should just disappear from the W-2 entirely since Limited Purpose FSA contributions are handled the same way as regular healthcare FSA contributions (just excluded from taxable wages). The whole process took about 10 days for me, which was much faster than the 3-4 weeks HR initially estimated. Good luck!
This is really helpful! I didn't think about contacting the FSA administrator directly. Do you know if all FSA administrators are typically this responsive to W-2 correction issues? My company uses Wageworks and I'm wondering if they'd be equally helpful in pushing HR to fix this quickly. Also, when you say the contributions should "disappear from the W-2 entirely" - does that mean they shouldn't show up anywhere specific, or just that they're reflected in the lower taxable wages in Box 1? I want to make sure I know what to look for when I get the corrected W-2 so I can verify it's actually been fixed properly.
Just wanted to chime in as someone who's been managing inherited rental properties for several years. The passive loss rules can definitely be confusing, but you're on the right track with the active participation exception. One thing I'd add to all the great advice here - make sure you understand how the depreciation recapture will work when you eventually sell the property. With such a high stepped-up basis and substantial annual depreciation, you'll be recapturing potentially hundreds of thousands in depreciation at a 25% rate when you sell, even if the property appreciates. This doesn't mean you shouldn't take the depreciation (you should!), but it's worth factoring into your long-term planning. Also, consider whether you might benefit from a 1031 like-kind exchange when you eventually sell. This can defer both the capital gains and depreciation recapture taxes if you reinvest in another rental property. With your property value, this strategy could save you significant taxes down the road. The $25,000 active participation allowance is definitely your best immediate option given your situation, but don't forget to think about the bigger picture tax planning too!
This is really excellent long-term perspective! I hadn't fully thought through the depreciation recapture implications down the road. With a $1.6M stepped-up basis, if I'm taking $50k+ in depreciation annually for many years, that's going to create a substantial recapture tax event when I eventually sell. The 1031 exchange strategy sounds really interesting as a way to defer those taxes. Are there any specific requirements or limitations I should be aware of for 1031 exchanges with inherited property? I'm assuming the property would need to have been held as investment property for a certain period before qualifying for like-kind exchange treatment? Also, do you have any rule of thumb for when it makes sense to plan for a 1031 exchange versus just paying the recapture taxes? I imagine it depends on factors like how long I plan to hold rental properties and whether I can find suitable replacement properties, but curious if there are other key considerations in that decision. Thanks for bringing up this longer-term planning aspect - it's easy to get focused on this year's tax benefits and forget about the future implications!
Great questions about 1031 exchanges with inherited property! The good news is that inherited property generally qualifies for 1031 exchanges as long as it's held for investment purposes. There's no specific holding period requirement after inheritance, but you do need to demonstrate investment intent (which you clearly have by renting it out). The key 1031 requirements to keep in mind: you have 45 days from closing to identify potential replacement properties and 180 days to complete the exchange. You also need to use a qualified intermediary - you can't touch the sale proceeds directly. For the cost-benefit analysis, a general rule of thumb is that 1031s make most sense when: (1) you have substantial built-up depreciation to defer, (2) you plan to stay in real estate investing long-term, and (3) you can find suitable replacement property that meets your investment goals. In your case with potentially hundreds of thousands in future recapture, the tax deferral could be massive. The main downsides are the complexity, costs (intermediary fees, potential rushed purchase decisions), and the fact that you're still just deferring taxes, not eliminating them. But if you hold rental properties until death, your heirs get another stepped-up basis, effectively eliminating the deferred taxes altogether - though tax laws could change by then!
This thread has been incredibly helpful! I'm in a somewhat similar situation with an inherited property, though not quite as high-value as yours. One aspect I haven't seen mentioned is the importance of getting your depreciation method election right from the beginning. With such a substantial stepped-up basis, you might want to consider whether the standard straight-line depreciation over 27.5 years is optimal, or if you should explore bonus depreciation on certain components through a cost segregation study (as Sarah mentioned earlier). The timing of this decision matters because once you start depreciating using one method, changing it later requires IRS permission via Form 3115. Also, since you mentioned this is a late 2023 inheritance, make sure you're aware of the mid-month convention for rental property depreciation. Your first year depreciation will be prorated based on the month you placed the property in service, not a full year's worth. Given the complexity and the substantial tax implications (both current benefits and future recapture), I'd really recommend consulting with a tax professional who specializes in rental property taxation. The potential tax savings and compliance benefits far outweigh the cost of professional advice in a situation like this.
This is excellent advice about getting the depreciation method right from the start! I'm actually dealing with an inherited property situation myself and hadn't considered the mid-month convention aspect - that's definitely something I need to look into for my first year calculations. Your point about the Form 3115 requirement to change depreciation methods later is really important. It sounds like if you're going to explore cost segregation or other accelerated depreciation strategies, it's much better to do that analysis upfront rather than trying to change course later. For someone just starting out with rental property taxation, what are the most critical decisions that need to be made in that first year that are hard to change later? Beyond the depreciation method, are there other elections or choices that have long-term implications I should be aware of? I want to make sure I'm not accidentally locking myself into suboptimal tax treatment because I didn't know about certain options early on. Also, when you mention consulting with a tax professional who specializes in rental property taxation, are there specific credentials or specializations I should look for? I want to make sure I'm getting advice from someone who really understands the nuances of inherited property and passive activity rules rather than a generalist who might miss important opportunities or requirements.
Congratulations on your recent marriage! I totally understand the stress of waiting for funds you really need. As someone who's been through this exact situation, here's what I've learned: H&R Block generally doesn't deposit earlier than your DDD - that April 12th date is pretty firm. The only exception might be if your bank has an early direct deposit policy (some credit unions and online banks like Chime release funds 1-2 days early), but that would be your bank's decision, not H&R Block's. A few things that might help ease your anxiety: ⢠Your refund is already approved if you have a DDD - that's the good news! ⢠Set up account alerts so you're notified when it hits rather than checking constantly ⢠The deposit usually happens very early morning (often between midnight-6am) Since you mentioned this is for your first apartment together, maybe use this week to finalize other moving preparations? The money will be there on the 12th. Hang in there - I know those 7 days feel like forever when you're waiting for something important! š
This is such helpful and reassuring advice! I'm also a newlywed (just hit 3 months) and remember that anxious feeling of waiting for important money. The tip about setting up account alerts is brilliant - I wish I'd thought of that instead of obsessively checking my balance. One thing that helped me was writing down all the apartment prep tasks I could do while waiting, like researching utility companies and planning the layout. It gave me something productive to focus on instead of just staring at my bank account. Congratulations to both of you on your marriages! š
Hey Jordan! First off, congratulations on your marriage! š I totally get the stress you're feeling right now - waiting for money you desperately need is nerve-wracking. From my experience with H&R Block over the past few years, they're pretty strict about sticking to the DDD the IRS gives them. I've never seen them release funds early - that April 12th date is most likely when you'll see it hit your account, usually in the early morning hours. The silver lining is that having a DDD means your refund has already been approved and processed by the IRS! That's the hardest part done. Now it's just the waiting game. A few things that helped me when I was in a similar situation: ⢠Stop checking your account every 3 hours - set up mobile alerts instead so your bank will notify you when it hits ⢠The deposit typically posts between midnight and 6am on your DDD ⢠Use this week to handle other apartment prep stuff - utility setup, address changes, etc. I know those 7 days feel like an eternity, but your money is coming! Try to stay busy with wedding thank-you notes or apartment planning. You've got this! šŖ
This is such great advice! I'm also dealing with tax refund anxiety (though not newlywed - just broke college student š ). The tip about setting up mobile alerts is genius - I've been driving myself crazy checking my account multiple times a day too. Question for you: when you say "early morning hours," do you mean like 2-3am? I'm wondering if I should expect to wake up to the deposit or if it might come during normal business hours on the DDD.
This is such a helpful thread! I'm a CPA who works with a lot of small partnerships, and I see this confusion about Form 8825 and Form 1065 line 16 constantly. A few additional points that might help: 1. Make sure you're using the correct depreciation method for each asset type. Most residential rental property uses straight-line over 27.5 years, but some improvements might qualify for different recovery periods. 2. For your roof and HVAC improvements - these are definitely capital improvements that need to be depreciated separately. The roof would typically follow the same 27.5-year schedule as residential rental property, but HVAC systems often qualify for 15-year depreciation. 3. Don't forget about the mid-month convention for real estate - depreciation starts in the middle of the month the property was placed in service, regardless of the actual date. 4. Keep detailed records of when each improvement was completed and placed in service. The IRS is particularly strict about depreciation start dates. One thing I always tell my clients is to create a depreciation schedule spreadsheet that tracks each property and improvement separately. This makes it much easier to complete Form 4562 and ensures consistency between Form 8825 and Form 1065. If you're planning to continue doing your own returns, investing in proper fixed asset tracking software (like some mentioned here) really pays off in the long run. The initial setup takes time, but it prevents a lot of headaches later!
This is incredibly helpful, thank you! As someone new to partnership taxation, I really appreciate the breakdown of the mid-month convention - I had no idea about that rule. Quick follow-up question: when you mention creating a depreciation schedule spreadsheet, do you have any recommendations for what columns/information should be tracked? I want to make sure I'm capturing everything from the start rather than trying to reconstruct it later. Also, for the HVAC systems getting 15-year depreciation - is that always the case, or does it depend on the type of rental property (residential vs commercial)? We're dealing with residential rentals but I want to make sure I'm applying the right recovery period.
Great questions! For your depreciation schedule spreadsheet, I recommend tracking these key columns: ⢠Asset Description (e.g., "Property A - Building", "Property A - Roof Replacement") ⢠Date Placed in Service ⢠Original Cost/Basis ⢠Depreciation Method (straight-line, MACRS, etc.) ⢠Recovery Period (27.5 years, 15 years, etc.) ⢠Annual Depreciation Amount ⢠Accumulated Depreciation ⢠Remaining Basis You might also want separate columns for book vs. tax depreciation if they differ. Regarding HVAC systems - you're right to double-check this! For residential rental property, HVAC systems are generally considered 27.5-year property (same as the building), not 15-year. The 15-year classification typically applies to certain land improvements or specific commercial property components. However, there can be exceptions depending on how the system is classified and whether it's considered "structural" versus a separate asset. Some tax professionals argue that certain HVAC components could qualify for shorter depreciation periods, but the conservative approach for residential rentals is usually 27.5 years. This is definitely an area where getting professional guidance for your first year could save you from potential issues down the road. The IRS can be quite particular about asset classifications and depreciation periods!
Just wanted to add something that might help with the Form 4562 requirement that several people mentioned. When you're preparing Form 4562 for your partnership, make sure to complete Part III (MACRS Depreciation) for your rental properties and improvements. The key sections you'll need are: - Line 19a-c for your 27.5-year residential rental property (buildings) - Line 19d for any 39-year nonresidential property if applicable - Lines 17-18 for any shorter recovery period assets (like certain improvements) One thing that trips up a lot of people is that you need to list each individual asset or group of similar assets separately on Form 4562, not just lump everything together. So your new roof and HVAC system should each be listed as separate line items with their respective placed-in-service dates and costs. Also, don't forget that the totals from Form 4562 should tie to both your Form 8825 line 18 AND your Form 1065 line 16 (assuming you only have real estate assets as discussed earlier). If those numbers don't match, you know there's an error somewhere in your calculations. The Form 4562 instructions are actually pretty detailed if you need help with the specific lines - they include examples for rental property that can be really helpful for first-time filers.
This is exactly what I needed to hear about Form 4562! I've been staring at that form for days trying to figure out which lines to use. The breakdown of Part III and the specific line references (19a-c for residential rental, etc.) is super helpful. One thing I'm still confused about - when you say "list each individual asset separately," does that mean I need a separate line for every single improvement we've made? We've done quite a few smaller projects over the years (flooring, appliances, minor plumbing updates). Should each of these be listed individually, or can I group similar items together by year or property? Also, I really appreciate the tip about making sure the Form 4562 totals tie to both Form 8825 line 18 and Form 1065 line 16. That's a great way to double-check my work before filing. Nothing worse than realizing you have mismatched numbers after you've already submitted!
Paolo Rizzo
Wait - I thought Head of Household was only for single parents with kids? Can you really claim HOH with a parent as your dependent?
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QuantumQuest
ā¢That's a common misconception! Head of Household isn't just for parents with kids. You can qualify if you're unmarried, pay more than half the cost of keeping up a home, and have a qualifying person living with you. A qualifying person can definitely be your parent (even if they don't live with you, which is a special exception for parents). The rules get more complicated if the qualifying person isn't your dependent, but in this case, if the mother qualifies as a dependent, she would also be a qualifying person for HOH purposes.
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Ella Harper
Based on everything discussed here, it sounds like you have a strong case for claiming your mother as a dependent and filing Head of Household. Here are the key points that work in your favor: 1. **Dependency Test**: Your mom's Social Security likely doesn't count as taxable income since she has no other income sources, so she should pass the gross income test (<$4,700 for 2023). 2. **Support Test**: You're clearly providing more than half of their support with mortgage, utilities, groceries, and major repairs like that $3,800 roof. 3. **Marriage Issue**: Since neither your mom nor stepdad file tax returns, the usual restriction about married people filing jointly doesn't apply. 4. **Head of Household**: Since they live with you and you maintain the household, you qualify for HOH status. One thing to consider - could you potentially claim both your mother AND stepdad as dependents? If his Social Security is also non-taxable and you're supporting both of them, you might qualify for two dependency exemptions. That could increase your tax benefits significantly. I'd recommend documenting everything carefully - keep those receipts and create a detailed record of all support you provided throughout the year. This will be crucial if the IRS ever questions your filing status.
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Carmen Ruiz
ā¢This is really helpful! I hadn't even thought about claiming both my mom and stepdad. Since I'm paying for both of their expenses anyway, it makes sense to explore that option. Do you know if there are any limits on how many dependents you can claim? And would claiming both of them still allow me to file Head of Household, or does that status only work with one qualifying person? Also, when you mention documenting everything - should I be tracking the expenses separately for each person, or is it okay to just show that I'm covering the household expenses for both of them together?
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