Episodes

  • #12 What is Authority When It Comes To Tax
    Jul 18 2024

    Understanding Authority Hierarchy in Tax

    Did you know the IRS isn't actually who makes tax laws? And IRS Publications aren't actual Authority? Let's find out who does and what is.

    From Congress-created laws in the Internal Revenue Code (IRC) to U.S. Treasury regulations, court case rulings, and IRS publications, she explains the hierarchy and reliability of these sources. She emphasizes the importance of basing tax positions on substantial authority rather than simplified IRS guidance or social media information. Tax professionals are urged to be thorough in their research and not dismiss clients' internet findings outright, as they often contain elements of truth. This episode serves as a guide for tax professionals to better understand and utilize authoritative tax sources.

    Introduction to Real Estate Taxing
    Exploring Facebook Tax Groups
    Understanding Tax Authority Levels
    Internal Revenue Code: The Holy Grail
    Treasury Regulations Explained
    Judicial Authority and Court Cases
    IRS Guidance and Its Limitations
    Practical Advice for Tax Professionals
    Conclusion and Final Thoughts

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    22 mins
  • Bonus: Mid-Year Withholding Review
    Jul 12 2024

    Mid-Year Tax Check-Up: Adjusting Your Withholdings

    It's July! Time to review your paystub while you may be only halfway off track.

    Drawing from a real case where a client's withholding dropped significantly due to changes in income and bonus structure, the episode offers a reminder to check the percentage of taxes being withheld from your pay. It advises taking a close look at recent pay stubs and the updated W-4 form to ensure accurate withholding, especially if any changes in employment or payroll processors have occurred. Key takeaways include checking if your withholding is under 10% and making necessary adjustments to avoid surprises at the end of the year.

    00:00 Introduction and Purpose of the Episode
    00:20 Importance of Mid-Year Tax Check-In
    00:45 Case Study: Tax Withholding Issues
    02:42 Steps to Review Your Withholding
    04:20 Understanding the Updated W-4 Form
    05:20 Final Reminders and Encouragement

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    7 mins
  • #11: 10 Common Tax Myths Debunked
    Jul 11 2024

    Join me as we debunk some of the most common myths & misconceptions around taxes.


    1. Myth: Tax Return and Tax Refund are Interchangeable

    These two terms are often confused, but they are not the same thing. A tax return is the form you fill out and submit each year, like the 1040 form for most people. A tax refund is money you get back if you overpaid your taxes. Many people mistakenly say they're waiting on their tax return when they mean their refund.


    2. Myth: You Need a License to Prepare Tax Returns


    You don't actually need a license to prepare tax returns. While there are professional credentials like the Enrolled Agent (EA) or Certified Public Accountant (CPA), they are not required. All you need is a Preparer Tax Identification Number (PTIN) from the IRS to file tax returns electronically. Check your tax professional's credentials, as many practitioners are uncredentialed.



    3. Myth: Living in a Home for Two Years Makes It’s Sale Tax-Free


    Many believe that simply living in a home for two out of the last five years allows you to sell it tax-free. However, the IRS has rules regarding "non-qualified uses" for periods when the property was not your primary residence. Even if you lived in it for two years, gains related to earlier non-qualified use periods will be taxable.



    4. Myth: LLCs Provide Tax Savings

    An LLC is a legal entity and does not provide tax benefits by itself. If you set up an LLC and are the sole owner, it is disregarded for federal tax purposes. The taxes you pay and deductions you claim remain the same whether or not you have an LLC. Its primary purpose is legal protection, not tax savings.



    5. Myth: You Don’t Need To Issue W-2 When Employing Your Kids


    If you employ your children in your business, you still need to file W-2s and comply with all employer filing requirements. Just because their income may be non-taxable doesn't absolve you of this responsibility. Issuing W-2s also allows them to qualify for benefits like funding a Roth IRA.


    6. Myth: Gifts Over $18,000 Cause Taxable Events

    The $18,000 annual gift tax limit is just a threshold for when you need to file a gift tax return, not a trigger for tax liability. Taxes on gifts only become relevant once you exceed the lifetime exclusion amount, which is currently over $13 million. So, making gifts beyond $18,000 in a year does not mean you'll owe taxes.


    7. Myth: Bonuses are Taxed at a Higher Rate


    Bonuses are not taxed at a higher rate. They are subject to withholding at a higher rate, generally 22% or even higher if the bonus exceeds a million dollars. At the end of the year, your actual tax rate is calculated, and you may receive a refund if too much was withheld.

    8. Myth: 0% Capital Gains Rate Only Determined By Gain Amount

    The 0% capital gains rate applies to your total income, not just the capital gain itself. If your combined income and capital gains exceed the threshold, only the portion of income within that bracket qualifies for the 0% rate.


    9. Myth: Income Below $600 from Self-Employment Isn’t Taxable

    Regardless of whether you receive a 1099 form, all earned income from self-employment is taxable. If you earn over $400 in self-employment income, you are required to file a tax return, even if no single client paid you more than $600.


    10. Myth: Moving Into a Higher Tax Bracket Taxes All Income at The Higher Rate


    Only the portion of your income that falls within the higher tax bracket is taxed at the higher rate. For instance, if you earn enough to move from the 10% to the 12% bracket, only the income above the 10% threshold is taxed at 12%, not your entire income. This misconception often deters people from accepting bonuses or promotions unnecessarily.

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    23 mins
  • #10: Oops I've Accidentally Created A Partnership- Now what?
    Jul 4 2024

    Avoiding Accidental Partnerships in Real Estate

    **Correction** : Hey everyone! I misspoke in this episode. The guidance on rev proc 84-35 references the old consolidated audit procedures that impact older returns. The CPAR (Consolidated Partnership Audit Regime) that impacts current returns does NOT impact the ability to use Rev proc 84-35 for late relief.


    InCite Tax Professional Community: https://www.incite.tax/

    Facebook for Tax Professionals: https://www.facebook.com/groups/realestatefortaxpros

    Facebook for Real Estate Investors: https://www.facebook.com/groups/REIKnowledgeVault

    Electing out of CPAR: https://www.irs.gov/businesses/partnerships/elect-out-of-the-centralized-partnership-audit-regime

    Small Partnership Late Filing Relief Rev Proc 84-35 : https://www.taxnotes.com/research/federal/irs-private-rulings/legal-memorandums/small-partnerships-are-not-automatically-exempt-from-filing-returns/1w8vn

    Rev Proc Spousal LLC Filing as a QJV instead of a 1065: https://www.irs.gov/pub/irs-drop/rp-02-69.pdf

    In this episode of 'Real Estate is Taxing,' host Natalie breaks down the common issue of accidental partnerships in real estate, explaining how they are often unknowingly created and the complications they bring to tax filings.

    She outlines the key facts about partnerships, including the forms and reports required, and provides multiple solutions for managing these accidental situations, such as treating them as disregarded entities or qualified joint ventures. Listeners also get strategic advice on dealing with late partnerships and ensuring they do not fall foul of regulations. Natalie emphasizes the importance of understanding the tax implications when setting up LLCs with co-owners, which is crucial to avoiding unexpected tax complications.

    00:00 Introduction to Real Estate Taxing
    00:58 Understanding Partnerships and Form 1065
    04:17 Common Accidental Partnerships
    05:43 Solutions for Accidental Partnerships
    14:47 Late Filing Relief and CPAR
    21:34 Conclusion and Real-Life Example

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    27 mins
  • #9: When You Should Pay Extra Tax On Rental Income Per The Courts
    Jun 20 2024

    Understanding Short-Term Rental Tax Loopholes: Key Court Cases and Revenue Rulings

    Natalie discusses various court cases and revenue rulings that provide crucial guidance on this topic, including cases from 1965 to 2023. She highlights differing tax treatments based on the nature of services provided, whether the property is subject to self-employment tax, and the importance of understanding context to accurately apply tax laws. Tune in for a comprehensive overview of significant rulings and their implications for short-term rental property owners.


    Link To Court Cases: https://www.natalie.tax/blog/strcases

    FB Group For Tax Professionals:https://www.facebook.com/groups/realestatefortaxpros

    FB Group For Real Estate Investors:https://www.facebook.com/groups/REIKnowledgeVault

    00:00 Introduction to Real Estate Taxing
    00:28 Understanding the Short-Term Rental Loophole
    01:01 Court Cases and Legal Guidance
    01:55 Debunking Myths About Short-Term Rental Laws
    02:59 Case Study: 1965 US Court of Appeals
    07:34 Revenue Rulings and Their Impact
    13:06 Two-Step Approach to Analyzing Services
    15:26 Exploring Substantial Services in Real Estate
    15:52 Court Cases on Retirement Benefits and Real Estate
    16:28 The Holohan v. Heckler Case Analysis
    19:28 Comparing Substantial Services in Different Contexts
    22:11 The Woodworth Case: Partnership and Self-Employment Tax
    25:46 The Morehouse Case: Land Rental and Government Programs
    28:34 Recent Developments in Short-Term Rentals and Tax Implications
    30:39 Conclusion and Further Resources

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    33 mins
  • #8: Tips To Avoid An Audit If You Do A Cost Seg
    Jun 13 2024

    Understanding Real Estate Audits and Proactive Defenses If You've Done a Cost Segregation

    https://www.facebook.com/groups/realestatefortaxpros

    https://www.facebook.com/groups/REIKnowledgeVault

    In this episode of 'Real Estate is Taxing,' host Natalie, minimizes the fear around audits by highlighting their low risk and focusing on practical steps to avoid common pitfalls. Key points include detailed guidance on mileage deductions, maintaining thorough records for real estate professional status, and tips on conducting cost segregation studies. Emphasizing the need for detailed and accurate record-keeping, Natalie also discusses audit trends and offers solutions to common issues faced by real estate taxpayers.

    00:00 Introduction to Real Estate Taxing
    00:40 Understanding Audits in Real Estate
    01:55 Mileage Deduction Tips
    05:40 Real Estate Professional Status
    10:17 Cost Segregation Insights
    25:47 Conclusion and Final Tips

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    27 mins
  • #7: Cost Segregation Education: An Overview Of Cost Seg Studies
    Jun 6 2024

    Cost Segregation Studies- What they are, how they're done, when to use them...and what type of study should you choose.

    Have tips for making the most out of conferences? I want to hear about them!

    Email Contact@Cretaxstrategist.com or join the facebook group below to share your thoughts and ideas.

    Facebook Groups:

    Tax Professionals: https://www.facebook.com/groups/realestatefortaxpros

    Real Estate Investors: https://www.facebook.com/groups/REIKnowledgeVault

    A comprehensive exploration of cost segregation studies, detailing what they are, their benefits, types of studies, and cautionary advice. Also included are practical examples and IRS guidelines to help both real estate investors and tax professionals leverage these studies for tax planning. Stay tuned for all this and more, along with a teaser for an upcoming episode focused on potential pitfalls in cost segregation.

    00:00 Introduction to Real Estate is Taxing
    00:28 The Importance of Conferences
    02:10 Networking Tips for Conferences
    06:50 Cost Segregation Studies Explained
    15:03 Types of Cost Segregation Studies
    20:58 Important Considerations and Elections
    30:37 Conclusion and Final Thoughts

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    32 mins
  • #6: Five Ways To Slash Taxes With The 1031 & 121 Combo
    May 30 2024

    And Why "You Can't Buy a Primary Home With A 1031 Exchange" Is wrong.

    Facebook Groups:

    Tax Professionals ---> https://www.facebook.com/groups/realestatefortaxpros

    Real Estate Investors ---> https://www.facebook.com/groups/REIKnowledgeVault

    Episode Topic Suggestions
    --> Contact@Cretaxstrategist.com

    Like the Show? ---> Rate it 5 ⭐️

    In this episode of 'Real Estate is Taxing,' host Natalie Kolodij delves into the synergy between two tax code sections: the 1 21 exclusion and the 10 31 exchange. She explains the primary conditions under which each applies and explores scenarios where both can be utilized together in cases of mixed-use properties or properties transitioning between personal and business usage. Natalie also provides insights on handling depreciation recapture and answers common questions about using these provisions to maximize tax advantages. Join her for a detailed discussion aimed at demystifying complex tax strategies in real estate.

    00:00 Introduction to Real Estate Taxing
    00:52 Understanding the 1 21 Exclusion
    02:04 Exploring the 10 31 Exchange
    02:39 Combining 1 21 Exclusion and 10 31 Exchange
    02:54 Mixed-Use Properties and Tax Benefits
    05:04 Switching Between Primary Residence and Rental
    10:04 Depreciation Recapture and Tax Strategies
    12:39 Common Questions and Scenarios
    20:14 Conclusion and Final Thoughts

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    22 mins