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I'm in almost the exact same situation - US citizen living abroad (in my case, Costa Rica) running a consulting business with exclusively US clients. After going through this maze last year, I can confirm that you should be able to claim QBI on at least part of your income. The key insight that my tax advisor helped me understand is that the "effectively connected" test isn't about where you physically sit when doing the work - it's about the economic reality of serving the US market. Since your clients are US companies and you're providing services into the US economy, that creates the necessary business connection. However, I learned the hard way that you really need to run the math on different FEIE/QBI combinations. In my case, with $135k in consulting income, I found that excluding only $95k with FEIE and claiming QBI on the remaining $40k actually saved me more in total taxes than maxing out the FEIE at $120k. The QBI deduction on the larger amount more than offset the additional income tax I paid on the non-excluded portion. One practical tip: make sure you're tracking all your business expenses properly because they reduce your income before you even get to the FEIE/QBI decision. I was able to deduct coworking space fees, VPN subscriptions for accessing US client systems, international wire transfer fees, and even a portion of my rent for my home office here in Costa Rica. Also, since marketing consulting can fall under SSTB rules, keep good documentation showing that your work is primarily advisory/strategic rather than hands-on creative execution, just in case it ever comes up in a review.
This is exactly the kind of real-world example I was hoping to see! Your experience with the $95k FEIE vs $40k QBI split is fascinating and really illustrates why running the actual numbers is so important. I never would have thought that excluding less could result in better overall tax savings. Your point about documenting the advisory/strategic nature of the work versus hands-on creative execution is really smart. I do mostly strategy and analysis work rather than actual creative implementation, so I should be fine on the SSTB front, but it's good to know that's something to document proactively. I'm curious about your coworking space and home office deductions while abroad - did you run into any complications with the IRS accepting those? I've been hesitant to claim home office expenses since I wasn't sure how they'd view a foreign residence for US tax purposes. Also, how did you handle the currency conversion for tracking expenses that were paid in local currency? One more question - when you filed with the hybrid FEIE/QBI approach, did you use any specific forms or schedules beyond the standard ones to document the split, or was it just a matter of careful calculation on the regular forms?
The IRS doesn't have any special rules about home office deductions for foreign residences - if it's your principal place of business and used regularly and exclusively for work, it qualifies regardless of which country it's in. I claimed about 25% of my rent and utilities based on the square footage of my dedicated office space. For currency conversion, I used the IRS published exchange rates for the tax year (available on their website) and converted everything to USD for record-keeping. I kept a simple spreadsheet tracking local currency amounts and USD equivalents for all business expenses. The key is being consistent with your conversion method throughout the year. As for forms, no special documentation needed beyond the standard ones. I used Form 2555 for the FEIE exclusion and Form 8995 for QBI. The "split" happens naturally in the calculations - the FEIE reduces your AGI, and then QBI is calculated on the remaining qualified business income that wasn't excluded. Just make sure your Schedule C properly reflects all business income and expenses before any exclusions are applied. The most important thing is keeping detailed records of your US client relationships and business activities to support the "effectively connected" determination if ever questioned. I maintain a file with all client contracts showing US addresses, payment records from US sources, and documentation of services provided to US markets.
The consensus here is spot on - you should definitely qualify for QBI as a US citizen with US-based clients, even while living in Portugal. The "effectively connected with US trade or business" test focuses on economic substance, not physical location. However, I want to add one critical consideration that could significantly impact your decision: Portugal's tax treaty with the US and how it affects your overall tax strategy. Portugal has been attracting many digital nomads with programs like D7 visa and NHR (Non-Habitual Resident) status, which can provide substantial Portuguese tax benefits for foreign-sourced income. If you qualify for NHR status in Portugal, you might pay 0% Portuguese tax on your US consulting income for up to 10 years. In this scenario, you'd want to carefully model whether claiming the full amount as US income (and maximizing QBI) versus excluding it with FEIE makes more sense, especially since FEIE could potentially create issues with maintaining your Portuguese tax benefits. The math gets complex because you need to consider US federal taxes, potential US state taxes (if you maintain residency), Portuguese taxes, and how the treaty prevents double taxation. Given your $142k income level, the optimal strategy might be different than for someone in a country without favorable tax treatment for foreign income. I'd strongly recommend consulting with a tax professional who understands both US expat taxation AND Portuguese tax law, particularly around NHR status if you're eligible. The interaction between these systems could dramatically change which approach saves you the most money overall.
Just wanted to add one more important detail that I learned the hard way - make sure you understand what qualifies as a "first-time homebuyer" for IRS purposes. It's not just about never owning a home before. You (and your spouse if married) must not have owned a principal residence during the 2-year period ending on the date you acquire your new home. So if you owned a home 18 months ago, you wouldn't qualify yet. Also, the $10,000 is a lifetime limit per person, so if you're married, you and your spouse can each use up to $10,000 from your respective IRAs for a total of $20,000. But if you're single, you're stuck with the $10,000 limit across all your accounts combined. Make sure to keep detailed records of everything - when you withdrew the money, what you used it for, and proof that you meet the first-time homebuyer requirements. The IRS can be pretty strict about documentation if they audit you later.
This is really helpful clarification! I had no idea about the 2-year rule - I was thinking "first-time" just meant never owned before. So if someone sold their house 3 years ago, they'd still qualify as a "first-time" buyer for this exemption? That's actually pretty generous of the IRS. The married couples getting $20K total ($10K each) is interesting too. Does that mean each spouse needs their own IRA to get the full benefit, or can one spouse withdraw $20K from their single account if the other spouse doesn't have retirement savings? Thanks for emphasizing the documentation part - I've heard IRS audits on retirement withdrawals can be brutal if you don't have your paperwork in order.
Important clarification about married couples and the $20K limit! Each spouse can only withdraw up to $10,000 from their own IRA accounts - you can't have one spouse withdraw $20K from their single account just because they're married. The benefit only applies if both spouses have their own retirement accounts. So if you're married and only one of you has an IRA, you're still limited to $10,000 total for the first-time homebuyer exemption. Both spouses need to have their own IRA accounts to get the full $20,000 benefit ($10K from each person's accounts). Also worth noting that the "qualified acquisition costs" this money can be used for include more than just the down payment - you can use it for closing costs, financing fees, and other expenses related to buying or building the home. Just make sure to keep receipts for everything since the IRS may ask for documentation later.
Thanks for that clarification about married couples! That makes total sense - each person can only access their own retirement accounts. I was getting my hopes up thinking we could double-dip from one account. The expanded definition of "qualified acquisition costs" is really useful to know. I was only thinking about the down payment, but knowing I can use it for closing costs and financing fees gives me more flexibility in planning my withdrawal strategy. Those closing costs can really add up - sometimes 2-3% of the home price. One follow-up question: do these qualified costs have to be paid directly from the IRA withdrawal, or can I withdraw the money, deposit it in my regular account, and then use those funds mixed with other money for the purchase? I'm wondering about the paper trail requirements for an audit.
I'm dealing with a similar WEP overpayment situation right now and this thread has been incredibly helpful! One thing I wanted to add - if you're having trouble getting clear answers from Social Security about exactly how much you've repaid and what documentation you'll receive, try requesting a "benefit verification letter" from your my Social Security account online. This letter shows your complete payment history and can help you track exactly what you've repaid so far. I found this really useful when trying to figure out if I should amend previous years' returns or take the current year deduction. Having the exact numbers made it much easier to calculate which approach would save me more money. Also, for anyone still struggling with the IRS phone system - I can confirm that calling early in the morning (right when they open at 7 AM) seems to have better success rates than calling later in the day, though it's still frustrating. The automated system is brutal but persistence does sometimes pay off.
This is really helpful advice! I had no idea about the benefit verification letter - I've been trying to keep track of our repayments manually but having an official record would be so much better. I'm going to log into my Social Security account today and request one. The early morning calling tip is gold too. I've been calling in the afternoons when I have time after work, but that's probably when everyone else is calling too. I'll try setting my alarm early tomorrow and calling right at 7 AM. At this point I'm willing to try anything to get through to someone who can give me definitive answers about our tax situation. Thanks for sharing your experience with this whole WEP mess - it's reassuring to know others are dealing with the same complicated tax implications and finding ways to navigate it!
I've been following this thread closely because I'm in a very similar situation - Social Security overpaid me due to incorrect WEP calculations and I'm now repaying through their installment plan. What's been most helpful from reading everyone's experiences is understanding that there are really two main approaches: taking the itemized deduction on Schedule A for the current year, or filing amended returns for the years when you received the overpayments. One thing I wanted to add that hasn't been mentioned yet - if you're married filing jointly and the Social Security overpayment pushed your household into a higher tax bracket in previous years, the amended return approach becomes even more attractive. In my case, the extra Social Security income in 2021 pushed us from the 12% bracket into the 22% bracket for part of our income. By filing an amended return to remove that overpayment, we're getting back taxes that were paid at the higher rate. Also, for anyone still trying to get through to the IRS by phone - I found that calling the practitioner priority line (if you have a tax professional helping you) tends to have shorter wait times. If you don't have a tax pro, some of the online services mentioned in this thread might be worth trying, especially if you're dealing with a time-sensitive situation like I was when Social Security threatened to increase my monthly withholding. The documentation aspect cannot be overstated - I've been keeping copies of everything, including screenshots of my online Social Security account showing the repayment schedule. This has been invaluable when trying to calculate the tax implications of each approach.
This is exactly the kind of detailed breakdown I was hoping to find! The tax bracket impact you mentioned is something I hadn't fully considered. We're also married filing jointly and I'm wondering if the Social Security overpayment might have pushed us into a higher bracket too. Do you happen to know if there's an easy way to figure out if the overpayment affected our tax bracket in previous years? I'm thinking I should probably pull out our old tax returns and see what our AGI was with and without the Social Security income, but I'm not sure if I'm calculating this correctly on my own. Also, the practitioner priority line tip is interesting - I don't currently have a tax professional, but given how complicated this whole situation is becoming, it might be worth hiring one just to get access to that line and their expertise on whether to amend or take the deduction.
I shorted Apple last year and paid out dividends. The way I handled it (confirmed by my CPA) was: 1. Report the full dividend amount from my 1099-DIV on Schedule B 2. The dividend I paid on my short sale gets added to the cost basis of the short position 3. When I closed my short position, the adjusted basis meant I had a smaller gain So you're not really "deducting" it directly from your dividend income. You're adjusting the cost basis of the short sale transaction, which affects your capital gain/loss instead.
So to be clear, if I'm understanding right: - You report the full $125 dividend income - You add the $27 to the cost basis of your short position - When you close the position, your gain is $27 less than it would have been otherwise So the tax benefit comes when you close the position, not when you report dividends?
Exactly right! You've got it. The tax benefit happens when you close the short position, not when you report the dividends. So in your example: - Report full $125 on Schedule B - Your short position cost basis increases by $27 - When you close the short, your capital gain is reduced by $27 (or loss increased by $27) This way you're still getting the tax benefit of that $27, just through the capital gains/loss calculation instead of directly reducing dividend income. The IRS wants to see the transactions reported separately since they're technically different types of income/expenses.
This is a great question that catches a lot of people off guard! I went through the same confusion when I first started shorting stocks. The key thing to understand is that you cannot simply net the $27 against your $125 in dividend income on your tax return. Here's what you need to do: 1. **Report the full $125 on Schedule B** - This matches what your broker reported to the IRS on your 1099-DIV 2. **Add the $27 to your short position's cost basis** - The dividend payments you made while shorting increase the cost basis of that short sale 3. **The tax benefit comes when you close the short position** - Your capital gain will be $27 less (or capital loss $27 more) when you eventually close the position Think of it this way: the IRS wants to see dividend income and capital gains/losses reported in their proper categories. You're not losing the tax benefit of that $27 - you're just getting it through the capital gains calculation instead of directly reducing dividend income. Make sure to keep good records of these payments so you can properly adjust your cost basis when you close the short positions!
Thank you so much for this clear explanation! As someone new to short selling, this helps me understand the bigger picture. I have a follow-up question though - what happens if I'm still holding the short position at year end? Do I still need to adjust the cost basis even if I haven't closed the position yet, or does that adjustment only matter when I actually close it out? Also, should I be keeping track of these dividend payments separately from what my broker reports, or will they typically include this information in my year-end statements?
CosmosCaptain
Hey quick question - are you guys using any particular software to track which 7216 consents you've received from which clients? We're switching to CCH Axcess this year and I'm curious if it has good tracking features for this.
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Freya Johansen
ā¢We use CCH Axcess and it's decent but not great for tracking 7216 consents specifically. There's no dedicated field for it in the standard setup. What we did was create a custom field in Axcess for "7216 Status" with dropdown options (Not Needed, Sent, Received, etc). Then we built a dashboard to show clients missing consents.
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CosmosCaptain
ā¢Thanks, that's really helpful! I figured we might need a custom field solution. Have you found the dashboard functionality pretty intuitive to set up or did you need to get help from CCH?
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Benjamin Carter
Paolo, I feel your pain on the sudden volume increase! Three firms in 6 months is a lot to absorb. For 7216 consents, I'd definitely recommend keeping them separate from engagement letters - it gives you more flexibility and ensures clients actually read what they're consenting to regarding their data. One thing that's helped us tremendously is batch processing the consents. We send them out in waves based on client complexity (simple returns first, then more complex ones) rather than trying to handle everything at once. This way you can focus your team's limited bandwidth more strategically. Also, don't underestimate the power of setting clear expectations upfront. We now tell clients during the initial call that they'll receive both an engagement letter AND a separate consent form for data sharing, and we explain why both are necessary. This has cut down on the "why am I signing two things?" questions that used to eat up so much admin time. Have you considered bringing in temporary seasonal help specifically for document management and client communication? Sometimes an extra pair of hands just for tracking paperwork can free up your core team to focus on the actual tax prep work.
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Mateo Rodriguez
ā¢The batch processing approach is brilliant! I never thought about segmenting by complexity level. We've been trying to handle everything simultaneously and it's been chaos. Quick question though - when you do the waves, do you send the engagement letters and 7216 consents at the same time for each batch, or do you stagger those too? I'm wondering if there's an optimal timing to avoid overwhelming clients while still keeping our workflow moving efficiently. Also, totally agree on the seasonal help idea. I think we've been too focused on finding CPAs when really we need someone who can just manage the administrative side of getting all these forms signed and tracked properly.
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