In this episode of Tax Tuesday, Anderson attorneys Amanda Wynalda, Esq., and Eliot Thomas, Esq., tackle a diverse range of tax questions from listeners. They discuss oil and gas investments used to offset Roth conversion income and explain excess business loss limitations. Amanda and Eliot clarify filing requirements for C-corporations with losses, emphasizing that corporations must file regardless of activity. The team explores multiple scenarios involving converting short-term rentals to primary residences or vacation properties, covering Section 121 exclusions, depreciation recapture, and the strategic use of S-corporations to step up basis. They present creative alternatives to 529 plans, including paying children through family businesses to fund education tax-free. Eliot and Amanda also review key provisions of the One Big Beautiful Bill Act affecting small business owners, including permanent QBID, enhanced bonus depreciation, and the SALT workaround. Finally, they demystify passive loss limitations, explaining the hurdles of basis, at-risk rules, and passive activity loss restrictions that syndication investors commonly face.
Submit your tax question to taxtuesday@andersonadvisors.com
Highlights/Topics:
- "I've made a Roth conversion earlier this year and am currently in the process of doing another conversion. We have invested in oil and gas to help offset taxes due. Is there a concern that we've invested too much?" - Excess business loss limits apply but unused losses carry forward.
- "I have not had any activity in my C-corporation and it had $26,000 of loss, and had some expenses. Do I still need to file an 1120 corporate return?" - Yes, corporations must file tax returns regardless of activity level.
- "We're thinking of taking our short-term rental out of service and moving into it as our primary residence. What are the tax implications if we sell our existing primary residence?" - Section 121 excludes up to $500,000 gain on primary residence sale.
- "Same scenario with short-term rental and primary residence, but we're turning our existing primary into a short-term rental instead of selling it. What are the implications?" - Basis transfers to rental, depreciate building over 27.5 years going forward.
- "Same scenario with short-term rental and primary residence, but we're converting one property into a vacation home with no rental activity. What happens?" - Personal vacation homes lose business deductions, only Schedule A applies.
- "We do not have any education savings set up for our son who is now a junior in high school. Is there any other option to pay for college pre-tax? Most of our income is from rentals." - Pay child W-2 wages through rental LLC under standard deduction amount.
- "Would you please go over some of the benefits of the Big Beautiful Bill for small business owners?" - Permanent QBID, 100% bonus depreciation, SALT workaround, enhanced Section 179 available.
- "A lot of time you talk about taking passive losses from syndications to offset passive income. However, I've encountered passive loss limitations where about two-thirds of losses have been disallowed due to basis, at-risk limitations, or excess business loss. Would you please explain how and why losses are being limited?" - Three hurdles exist: basis, at-risk, and passive activity loss rules.
- "What expenses are incurred for rental properties that are tax deductible and what is the best way to stay organized when keeping records?" - Reference IRS Schedule E page one for complete deduction list.
- "How do we properly track and maximize deductions across multiple rental properties while maintaining compliance?" - Maintain separate books per property, use accounting software regularly.RetryClaude can make mistakes. Please double-check responses.
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