#tax
Tax
Tax strategies, planning, and compliance for individuals and businesses
Unrelated Business Income Tax (UBIT) and Form 990-T: When Your Nonprofit's Gift Shop, Ads, or Side Ventures Trigger a 21% Tax Bill
How nonprofits trigger Unrelated Business Income Tax — a flat 21% federal levy, the three-part IRS test, traps in gift shops and advertising, statutory exclusions, and the post-2017 siloing rules under IRC §512(a)(6) that lock losses to each unrelated business.
The Augusta Rule: How to Rent Your Home to Your Business for Up to 14 Tax-Free Days
Section 280A(g) — the Augusta Rule — lets business owners rent their personal residence to an S-corp, C-corp, or partnership for fewer than 15 days a year and exclude the entire rent from federal income tax. In Sinopoli v. Commissioner (2023), the IRS slashed roughly $290,000 of claimed rent down to $30,000 because documentation and fair-market rates were thin. Here is what 280A(g) actually requires, the five pillars of an audit-proof setup, and how to report the rent without triggering an IRS mismatch.
Section 183 Hobby Loss Rule: How the IRS Nine-Factor Test Decides If Your Side Activity Is a Business
Section 183 of the Internal Revenue Code denies loss deductions for activities not engaged in for profit. The IRS applies a nine-factor test and a three-of-five-years safe harbor (two of seven for horses) to distinguish a real business from a hobby — here is what each factor weighs and how to document profit motive before an audit.
De Minimis Safe Harbor Election: Expensing Tangible Property Up to $2,500 Per Item Without Depreciation
The de minimis safe harbor election under Treasury Regulation 1.263(a)-1(f) lets businesses without audited financials immediately expense tangible property purchases up to $2,500 per item, skipping depreciation schedules and capitalization analysis.
Section 461(l) Excess Business Loss Limitation: A 2026 Guide for Pass-Through Owners
Section 461(l) caps how much net business loss a noncorporate taxpayer can deduct against other income. For 2026, the OBBBA reset thresholds to $256,000 single and $512,000 joint—down from $313,000 and $626,000 in 2025. This guide explains the Form 461 calculation, the four loss-limitation gates, and planning moves for K-1 losses, bonus depreciation, and real estate.
Form 1042-S Withholding on Payments to Foreign Persons: A Compliance Guide for US Businesses
Form 1042-S reports US-source FDAP income paid to foreign persons. US businesses act as withholding agents with personal liability — default 30% withholding, W-8 documentation rules, March 15 deadlines, and stiff per-form penalties. This guide covers W-8BEN versus W-8BEN-E, treaty rate reductions, the source-of-income rules, and common mistakes like sending Form 1099 to a foreign contractor.
Form 4797 Demystified: How Depreciation Recapture and Section 1231 Decide Whether Your Business Sale Is Ordinary or Capital
Form 4797 governs every business property sale outside Schedule D and decides whether your gain is ordinary or capital. This guide walks through Section 1245 and 1250 recapture, the Section 1231 five-year lookback rule, the 25% unrecaptured Section 1250 gain rate, and seven mistakes that trigger CP2000 notices.
Kiddie Tax Form 8615: How Investment Income for Children Under 24 Is Taxed at Parent Rates
How the federal kiddie tax pulls a child's unearned income above $2,700 in 2026 onto the parent's marginal rate via Form 8615. Mechanics, UTMA/UGMA pitfalls, full-time-student rules through age 23, and planning strategies using 529 plans, Roth IRAs, and gain timing.
Net Unrealized Appreciation: The 401(k) Tax Strategy That Saves Six Figures
The Net Unrealized Appreciation election lets retirees pay long-term capital gains rates on employer stock distributed from a 401(k) instead of ordinary income, often saving more than $144,000 on a $1 million position. Covers eligibility under IRC 402(e)(4), the lump-sum distribution rule, and the most common mistakes that destroy the strategy.
The PFIC Form 8621 Tax Trap: Why US Investors Get Punished for Owning Foreign Mutual Funds and ETFs
PFICs (foreign mutual funds, UCITS ETFs) trigger Section 1291 tax for US investors — gains allocated across the holding period, taxed at top ordinary rates, plus compounded interest charges. This guide covers Form 8621, the QEF and mark-to-market elections, the $25k/$50k de minimis filing exception, and how to escape the trap.
Section 121 Home Sale Exclusion: How Homeowners Can Skip Up to $500,000 in Capital Gains Taxes
How Section 121 lets U.S. homeowners exclude up to $250,000 ($500,000 for joint filers) of capital gains on a primary home sale — covering the 24-month ownership and use tests, the two-year frequency rule, partial exclusions, depreciation recapture, and the nonqualified-use allocation.
Section 163(j) Business Interest Limitation: The 30% ATI Cap and OBBBA's EBITDA Restoration
OBBBA permanently restored the EBITDA-based ATI calculation for Section 163(j) starting in 2025, expanding deductible business interest for capital-intensive companies. A guide to the 30% cap, the ~$31M small business exemption, the 35% syndicate trap, EBIE allocations from partnerships, S-corp differences, and Form 8990 reporting.