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Honestly, everyone's making this so complicated. The simple answer is NO, you can't just "become Amish" to avoid Social Security taxes. The IRS isn't stupid. The exemption exists to accommodate genuine religious communities with established practices, not for tax avoidance. If you're actually interested in minimizing taxes legally, there are much more practical approaches like maximizing retirement accounts, HSAs, tax-loss harvesting, etc. Those are straightforward and don't require changing your entire lifestyle or facing potential fraud charges.

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Anita George

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Are there any other religious groups besides Amish that qualify for Social Security exemptions? Just curious if this is specifically an Amish thing or if other denominations can qualify too.

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Yes, there are other groups that can qualify. The exemption isn't specifically for "Amish" by name but for religious groups meeting certain criteria. Some Mennonite groups qualify, as do some Hutterite colonies. The key requirements are: 1) The sect must have been in existence continuously since December 31, 1950 2) The group must have established teachings opposed to accepting benefits from public or private insurance 3) The group must make provisions for their dependent members The exemption isn't determined by the name of your religion but by whether your specific congregation meets these criteria and has a history of caring for its members without reliance on government programs.

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Esteban Tate

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This is a really fascinating topic that I've been researching myself lately! One thing that hasn't been mentioned yet is that the IRS has actually gotten much stricter about these religious exemptions over the years precisely because people have tried to abuse them for tax purposes. I found some interesting case law where the Tax Court has consistently ruled against people who joined religious communities primarily for tax benefits rather than genuine religious conviction. The courts look at factors like how long you've been part of the community, whether you're actually living according to their beliefs and practices, and whether you have a sincere religious motivation. What's really important to understand is that this isn't just about filing a form - the IRS can audit these exemptions and if they determine it was filed fraudulently, you could face serious penalties including back taxes, interest, and potential criminal charges. The risk-reward calculation just doesn't make sense unless you're genuinely committed to the religious lifestyle. For anyone genuinely interested in this topic for academic or legitimate religious reasons, I'd definitely recommend consulting with a tax attorney who specializes in religious exemptions rather than trying to navigate this alone.

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This is really helpful context about the legal precedents! I'm curious about those Tax Court cases you mentioned - do you happen to remember any specific case names or citations? I'm doing some academic research on religious tax exemptions and would love to look up the actual court decisions to see how judges evaluate the "sincere religious conviction" standard versus tax avoidance motives. It sounds like the IRS has really tightened up their review process over the years. Do you know if there are any statistics on how many of these religious exemption applications actually get approved versus rejected? I imagine the approval rate has probably gone down significantly as they've become more vigilant about potential abuse.

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AaliyahAli

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Great discussion here! One thing I'd add is to make sure you're tracking your adjusted basis in the business properly. For partnerships and S-Corps, you can only deduct losses up to your basis in the entity. Your basis includes your initial investment plus any additional capital contributions, plus your share of entity debt (for partnerships), minus any distributions you've received. If your losses exceed your basis, the excess gets suspended and carries forward until you have sufficient basis to use them. This is especially important if you've been taking distributions from the business in prior years - those reduce your basis and might limit how much loss you can currently deduct. I'd recommend having your accountant calculate your current basis before making any decisions about stock sales.

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Chloe Davis

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This is really helpful! I'm new to K-1s and business losses, so I'm trying to understand the basis calculation. When you mention "your share of entity debt" for partnerships - does that mean if our family partnership has a business loan, part of that debt counts toward increasing my basis? And if we've been taking monthly distributions to cover personal expenses, those would reduce my basis even if the business is profitable in those months? I'm realizing there's a lot more complexity here than I initially thought. Might need to sit down with our accountant before making any moves with the stock sales.

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Nora Brooks

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Yes, exactly! For partnerships, your share of partnership debt (called "partnership liabilities") does increase your basis. So if your family partnership has a $100,000 business loan and you own 25% of the partnership, that adds $25,000 to your basis. And you're right about distributions - they reduce your basis regardless of whether the business was profitable in those specific months. The distributions reduce your basis when taken, not when the income is earned. So if you've been taking regular monthly distributions over the years, those could significantly reduce your available basis for deducting losses. Definitely smart to sit down with your accountant before making stock moves! They can calculate your exact basis and help you understand how much of the K-1 losses you can actually use this year versus what might need to carry forward. This will be crucial for your tax planning strategy.

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Based on everything discussed here, it sounds like you have several important factors to consider before selling those stocks: 1. **Material participation**: Since you actively run the business, your K-1 losses should qualify as ordinary losses that can offset capital gains. 2. **Tax efficiency**: As Pedro mentioned, using business losses against ordinary income (taxed at higher rates) is usually more beneficial than offsetting long-term capital gains (taxed at preferential rates). 3. **Basis limitations**: Make sure you have sufficient basis in the business to actually deduct the full amount of losses this year. 4. **Excess business loss limits**: Watch out for the $305,000/$155,000 thresholds that Mae mentioned. Given the complexity here, I'd strongly recommend modeling different scenarios with your accountant before making any stock sales. You might find it's better to: - Use the business losses against your ordinary income this year - Hold the appreciated stocks for a future year when you don't have business losses - Or potentially harvest some losses from other investments instead The tax savings from strategic timing could be substantial, so it's worth taking the time to plan this properly rather than rushing into stock sales.

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This is an excellent summary, Sophie! As someone just learning about these rules, I really appreciate how you've laid out all the key considerations in one place. The point about tax efficiency is particularly eye-opening - I never would have thought that using losses against ordinary income could be more valuable than offsetting capital gains. It seems counterintuitive at first since capital gains feel like "bigger" income, but the tax rate difference makes total sense. I'm curious about the modeling scenarios you mentioned. Are there specific worksheets or tools that accountants typically use to compare these different timing strategies? Or is it more of a manual calculation comparing the tax savings from each approach? Also, for someone in a similar situation, would you recommend getting this analysis done before the end of the tax year, or is there still time to make strategic moves in early 2025?

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Ethan Taylor

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I've been following this discussion with great interest as someone who's currently in the research phase of making a similar transition. The insights about South Dakota vs Florida have been really valuable. One aspect I haven't seen mentioned yet is healthcare considerations. When you establish residency in SD or FL and then spend most of your time abroad, how do you handle health insurance? Most US health insurance plans have limited or no coverage internationally, and if you're trying to qualify for FEIE, you're spending 330+ days outside the US. I've been looking into international health insurance plans, but I'm wondering if maintaining a US-based plan is necessary for when you do return to your state of domicile for those periodic visits to maintain residency ties. Also, for those who've successfully made this transition - did you face any challenges with maintaining professional licenses or certifications that require a US address? I have a few professional certifications that need to be renewed periodically, and I'm not sure how they handle mail forwarding addresses. The tax savings are obviously attractive, but I want to make sure I'm thinking through all the practical implications before making the jump. Any insights on these aspects would be greatly appreciated!

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Great questions about healthcare and professional licenses! I'm going through this exact transition right now and can share what I've learned. For health insurance, you're absolutely right that most US plans have terrible international coverage. I ended up keeping a high-deductible US plan for emergencies and compliance purposes, then got a comprehensive international health plan through IMG or World Nomads for day-to-day coverage abroad. The international plans are often cheaper and have better global coverage than trying to use a US plan internationally. The key is making sure your international plan covers you when you do return to the US for those residency maintenance visits. Some exclude coverage in your home country, so read the fine print carefully. For professional licenses, I've had mixed experiences. Most boards accept mail forwarding addresses as long as they're legitimate CMRA services, but a few required additional documentation proving my domicile intent. I had to provide my voter registration and vehicle registration to one licensing board that was being particularly strict about addresses. The trick is updating your professional licenses AFTER you've established all your other domicile markers (driver's license, voter registration, etc.) so you can provide that documentation if questioned. Also, keep digital copies of everything - trying to get documents forwarded internationally can be a nightmare during renewal periods. Have you looked into which specific certifications you need to maintain? Some have different requirements for address changes than others.

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Harmony Love

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This is such a timely discussion! I'm a tax preparer who works with a lot of remote workers, and I wanted to add some practical considerations that might help with your decision. One thing to keep in mind is that both Florida and South Dakota have different banking relationships and business ecosystems. South Dakota has historically been more welcoming to the financial services industry, which can sometimes make banking relationships smoother for nomads. However, Florida has more extensive consular services if you need passport renewals or other services while abroad - they have consulates and honorary consuls in many countries that SD doesn't. Regarding the FEIE, I've seen people get tripped up by the "tax home" concept. The IRS defines your tax home as your main place of business, not your domicile or where you file state taxes. If you're a W2 employee working remotely, your tax home might still be considered the US unless you can demonstrate that your main place of business has shifted abroad. This is different from the physical presence test, which is more straightforward. Also, don't forget about the impact on your Social Security benefits calculation if you're planning to spend significant time abroad. Working abroad while using FEIE can affect your future Social Security benefits since excluded income doesn't count toward your earnings record. Have you considered consulting with a tax professional who specializes in expat taxation before making your final decision? The upfront cost could save you significant headaches and money down the road.

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This is really valuable insight about the "tax home" vs domicile distinction! As someone just starting to research this path, I hadn't fully understood that working remotely for a US employer while abroad might still mean the IRS considers your tax home to be in the US. Could you clarify what specific steps a W2 remote employee would need to take to shift their "main place of business" abroad for tax purposes? Is it sufficient to work consistently from a foreign country for the required time period, or do you need to establish more formal business presence there? Also, your point about Social Security benefits is concerning - I hadn't considered that excluded income wouldn't count toward earnings records. For someone planning to use FEIE for several years, could this significantly impact their future benefits calculation? The consular services point about Florida is interesting too. I've been leaning toward South Dakota for the banking advantages you mentioned, but access to US government services abroad is definitely something to factor in. Thanks for the suggestion about consulting an expat tax specialist - do you have any recommendations for finding qualified professionals in this niche area?

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Dylan Wright

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same boat fam. filed march 2023 still nothing 😭

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Sofia Perez

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Have you tried requesting your account transcript from the IRS website? That'll show you if there are any hold codes or issues that aren't visible in the "Where's My Amended Return" tool. I was stuck for 18 weeks and found out through my transcript that they had flagged my return for additional review. Once I knew the specific issue, I was able to call with the right information and get it resolved much faster. The transcript is free and gives you way more detail than the basic tracking tool.

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Zara Perez

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This is really good advice! How do you actually read the transcript once you get it? All those codes look super confusing to me šŸ˜…

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Just to add another perspective - don't forget about Qualified Business Income deduction (Section 199A) in your calculations. If your business becomes profitable in future years, you might be eligible for up to a 20% deduction on your qualified business income. If you push too many deductions into future profitable years through depreciation, you might inadvertently reduce your QBI deduction. Sometimes it's better to take the hit now when you're showing a loss, especially if your W-2 income puts you in a decent tax bracket already.

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Ethan Brown

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Good point about QBI. I think it really depends on what tax bracket your W-2 income puts you in now vs what you expect your combined income to be later. Have you used any specific tax planning tools to model this out?

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Paolo Bianchi

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As someone who's been through this exact scenario with my freelance graphic design business, I'd recommend being really strategic about this decision. You're in a unique position where you can use the business loss to offset your W-2 income, which could save you significant money this year. One thing I learned the hard way is to keep meticulous records showing your profit motive - the IRS hobby loss rules are real and they do scrutinize new businesses showing losses. Document your business plan, marketing efforts, client outreach, etc. This becomes especially important if you show losses for multiple years. For the equipment strategy, I'd suggest looking at which items are likely to become obsolete quickly (software, some electronics) versus durable goods (quality microphones, mixing boards). Consider fully expensing the items that depreciate rapidly in real-world value while using regular depreciation for equipment that will serve you for many years. Also, make sure you're capturing all possible business deductions - home office space, business use of your car for client meetings, professional development, etc. These can add up and help justify the business nature of your activities to the IRS. The royalty income on Schedule C makes perfect sense given that it's the same type of work as your current business. This actually strengthens your case that this is a legitimate business continuation rather than a new hobby.

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