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Tax
Tax strategies, planning, and compliance for individuals and businesses
When Capital Gain Becomes Ordinary Income: Section 1239 and the Family Business Trap
Section 1239 converts capital gain to ordinary income on sales of depreciable property between related parties — including a controlling owner and their own corporation, partnership, or trust. The constructive ownership rules under Section 267(c) make the more-than-50% threshold easier to cross than family business owners expect.
Section 277 and 501(c)(7): Member vs. Nonmember Income for Social Clubs
Section 501(c)(7) social clubs must keep nonmember income under 35% of gross receipts and nonmember facility use under 15%, while Section 277 quarantines member-side losses for nonexempt membership organizations. This guide walks through how the two rules interact, how to allocate UBTI expenses on Form 990-T, and how to structure a chart of accounts so the member/nonmember split survives an IRS examination.
Section 467 Rental Agreements: Stepped, Prepaid, and Deferred Rent Under the Tax Code's Anti-Abuse Rule
Section 467 forces accrual accounting and imputed interest on commercial leases over $250,000 with stepped, prepaid, or deferred rent — overriding cash-basis treatment, recharacterizing part of every rent payment as a deemed loan between landlord and tenant, and creating Schedule M-1 book-tax differences from ASC 842 straight-line rent.
The Self-Rental Rule Under Section 469: How the Grouping Election Defuses the Passive Loss Trap
Section 469's self-rental rule recharacterizes rent from your own building as active income while losses stay passive — a one-way street that traps small business owners. A timely grouping election under Reg. 1.469-4 defuses it; missing the first-return filing window usually means living with the asymmetry for good.
California Proposition 19 and the End of the Old Parent-Child Property Tax Bargain: A 2026 Guide for Heirs of California Real Estate
How California's Proposition 19 replaced Section 63.1 for parent-child transfers after February 16, 2021 — the family home and farm rules, the one-year occupancy requirement, the BOE-19-P and BOE-266 filings, the $1,044,586 value cap floor, and the step-up-basis trade-off that determines whether to gift during life or transfer at death.
Form 1120-H vs. Form 1120 for HOAs: The Section 528 Election, the 60/90 Tests, and Revenue Ruling 70-604, Explained
A practical guide for HOA boards, treasurers, and small-firm CPAs on the Section 528 election, the four Form 1120-H eligibility tests, the 30% flat rate trade-off versus Form 1120, and why every association should record an annual Revenue Ruling 70-604 vote.
IRS Office of Appeals and Audit Reconsideration: How Small Businesses Fight an Audit Without Going to Tax Court
A small business guide to resolving IRS audit disputes without litigation — the 30-day letter, Form 12203 Small Case Request, formal written protest, Fast Track Settlement, audit reconsideration, and the 90-day statutory notice of deficiency.
The Minister's Housing Allowance: Section 107, the SECA Trap, and the Retired-Pastor 403(b) Designation
Section 107 lets ordained ministers exclude designated housing costs from federal income tax, but the allowance is still added back for SECA and only an in-advance written designation survives audit. A practical guide to the three-part cap, Form 4361's irrevocable opt-out, and the 403(b) designation that keeps a retired pastor's distribution income-tax-free for life.
The Standard Deduction Is Now Permanent: How OBBBA Reshapes the Itemize-vs-Standard Decision for 2026
How the One Big Beautiful Bill Act made the doubled standard deduction permanent, raised the SALT cap to $40,000, added a 0.5% AGI charitable floor, and stacked a $6,000 senior bonus deduction — with concrete math for the 2026 itemize-versus-standard decision.
Section 1235 Capital Gains Treatment for Patent Sales: How Inventors Convert Royalty Income Into Long-Term Capital Gain
Section 1235 lets individual inventors and qualifying early investors treat a patent sale as long-term capital gain — even without a one-year holding period — if they transfer all substantial rights. This guide explains who qualifies as a holder, why the rule survived the TCJA carve-out for self-created intangibles, and how to draft the transfer so the IRS sees a sale rather than a royalty license.
Section 139 Disaster Relief Payments: Tax-Free Employer Aid After Federally Declared Disasters
Section 139 lets employers pay employees tax-free aid after a federally declared disaster — no FICA, no W-2 reporting, no 1099, and fully deductible to the employer. The guide covers qualifying expenses, the disaster definition, the documentation that survives an audit, and a worked $54,000 example.
Section 25C Energy Efficient Home Improvement Credit: A Final-Year Filing Guide Before the OBBBA Sunset
Section 25C's 30% federal credit for heat pumps, insulation, windows, and other home efficiency upgrades ends with the OBBBA sunset on December 31, 2025, making the 2025 return the last chance to claim up to $3,200 per household — provided you supply a valid 4-character QMID on Form 5695.