


Ask the community...
My husband and I were in a similar situation but with accounts in Europe totaling about ā¬60k. We filed both FBAR and 8938 for years because our accountant said it was "better safe than sorry." This year we switched accountants and they told us we never needed the 8938! We asked about amending previous returns to remove the unnecessary forms but were advised it wasn't worth the effort since there's no penalty for over-reporting. Apparently the IRS doesn't issue refunds for the extra accounting fees we paid all those years š
Did your new accountant charge less since they didn't have to file the 8938? I'm curious because I'm paying my accountant about $400 extra for "international reporting" and now I'm wondering if I actually need all the forms they're filing.
Yes, our new accountant charges about $150 less per year since they don't prepare the unnecessary Form 8938. They explained that the FBAR filing is actually free (it's filed directly with FinCEN), so we were essentially paying extra for a form we didn't need. I'd suggest asking your accountant to break down exactly what forms they're filing for your "international reporting" fee. If your foreign assets are under the thresholds, you might only need the FBAR, which shouldn't add much to your tax prep costs since it's a relatively simple form.
Based on everyone's experiences here, it sounds like you're in good shape! I went through something very similar last year - had about $65k in foreign accounts and my accountant filed both FBAR and Form 8938 even though I was below the 8938 threshold. I was worried about the same things you mentioned, but after reading through IRS publications and speaking with a tax attorney, I learned that over-reporting foreign assets is actually quite common and not problematic at all. The IRS sees it frequently, especially from cautious preparers who want to ensure full compliance. The key thing is that your information is consistent across both forms, which creates a clean paper trail. Your voluntary late FBAR filings before any IRS contact also puts you in the best possible position penalty-wise. One thing I'd suggest is asking your accountant for next year - now that you understand the thresholds better, you can discuss whether Form 8938 is truly necessary going forward. This could save you some money on preparation fees while still maintaining full compliance with the FBAR requirements.
This is really helpful to hear from someone who went through the exact same situation! I'm curious - when you spoke with the tax attorney, did they mention anything about how long the IRS typically takes to process late FBAR filings? I'm wondering if there's a timeframe after which I can stop worrying about potential penalties. Also, you mentioned asking my accountant about dropping Form 8938 for next year - should I be concerned that this might look inconsistent to the IRS if I suddenly stop filing a form I've been including? Or do they not really track that kind of pattern?
Previous tax returns also matter if you have any unused credits that can be carried forward. I learned this the hard way - had a big capital loss in 2022 that I could've been applying to offset gains for the next few years, but I forgot about it completely when I switched tax software in 2023! Cost me a few hundred in extra taxes.
Do you know if there's any way to fix this after the fact? I'm wondering if I might have missed something similar on my past returns.
You can absolutely fix this by filing an amended return! If you discovered you missed a carryover loss or credit from a previous year, use Form 1040-X to amend the return where you should have applied it. You generally have up to 3 years from the original filing date to submit amendments and claim refunds. It's definitely worth checking your old returns if you suspect you might have missed something. The most common missed carryovers are capital losses, business losses, excess charitable contributions, and certain tax credits that couldn't be fully used in a single year.
Your previous return can also flag potential audit triggers if there are big differences year to year. My income doubled between 2022 and 2023 and I got a letter from the IRS asking for documentation. Having my previous returns organized helped me respond quickly.
How far back should we keep our tax returns? I've heard everything from 3 years to forever.
Has anyone used a specific tax software that handles partnership losses well? I'm using TurboTax and the way it handles my K-1 from our small LLC seems confusing.
I've had good experience with H&R Block's premium online version for our small partnership. It walks you through the K-1 entries pretty clearly and has specific guidance for situations with multiple years of losses. Not saying it's perfect but worked better than TurboTax for me.
Thanks for the recommendation! I'll give H&R Block a try this year. TurboTax kept giving me warnings about the hobby loss rule but didn't really explain what documentation I should be keeping or how to demonstrate business intent. Hoping for a clearer experience.
Based on your situation, you absolutely must report the K-1 losses on your personal return - there's no option to skip this. The IRS receives copies of all K-1s and their systems will flag your return if the partnership information doesn't match. However, your concern about the hobby loss rule is understandable after three years of losses. The key is demonstrating profit motive through your business activities. Since you mentioned keeping meticulous records, make sure you also document: business plans showing how you intend to become profitable, marketing efforts, time spent on the business, any changes you've made to improve operations, and evidence that you're treating it as a real business (separate bank accounts, business licenses, etc.). The good news is that $2,000 annual losses probably won't trigger an audit on their own, especially if you have W-2 income and file jointly. Just make sure you can demonstrate the nine factors under Section 183 if ever questioned. Your documentation sounds like you're already on the right track.
This is really helpful, thank you! I'm new to this community but dealing with a similar situation with my online retail business. Quick question - you mentioned the nine factors under Section 183. Is there a specific timeframe where the IRS typically looks at these factors? Like, do they evaluate each year individually or look at the overall pattern across multiple years? I'm in year 2 of losses and want to make sure I'm documenting everything correctly from the start.
Has anyone actually used the IRS Tax Withholding Estimator? I found it super helpful for my situation (also married with non-working spouse). It asks detailed questions and at the end tells you exactly what to put on each line of the W4.
I was in almost the exact same situation last year! Married filing jointly, one young kid, non-working spouse, and getting huge refunds that I wanted to reduce. Here's what worked for me on the new W4: **Step 1:** Select "Married filing jointly or Qualifying surviving spouse" **Step 2:** Leave this completely blank since your spouse doesn't work **Step 3:** Enter $2,000 for your child (this is the Child Tax Credit amount) **Step 4:** Leave (a) and (c) blank, but for (b) you might want to enter any itemized deductions you have (mortgage interest, charitable donations, etc.) to further reduce withholding The key thing is that your old "0 allowances" setting doesn't translate to the new form - it was probably causing way too much to be withheld. Just by updating to married status and claiming your child credit, you should see a significant reduction in withholding. I went from getting $8,000+ refunds to around $1,500, which put about $250 more in each paycheck. Submit a new W4 to HR and you should see the change in your next pay period!
This is super helpful! I'm in a really similar boat - married with a toddler and stay-at-home spouse, and I've been way overwithholding for years. Quick question though - when you say you went from $8,000+ refunds to $1,500, did you make any other changes besides updating the W4? I'm worried about underpaying and owing money at tax time. Also, did your HR department give you any trouble about updating your withholding mid-year?
Arnav Bengali
My tax guy told me the key is having a completely separate business entity for the 1099 work. If its just you getting paid both ways, the IRS tends to view it as one job. But if you have an LLC or S-Corp for your freelance work that contracts with the company, that creates clearer separation.
0 coins
Sayid Hassan
ā¢This is 100% the right approach! I have an S-Corp that bills for my consulting work while I'm also a W2 employee somewhere else. Creates a clean separation that makes deductions much easier to justify. Worth the setup costs in my experience.
0 coins
Omar Zaki
The advice about having a separate business entity is solid, but you don't necessarily need to set up an LLC or S-Corp to make legitimate deductions work. What matters most is being able to clearly demonstrate that your 1099 work is genuinely separate from your W2 duties. I'd focus on three key documentation strategies: 1) Keep separate calendars/logs showing when you're doing W2 vs 1099 work, 2) Maintain records of any different clients, projects, or deliverables for your 1099 work, and 3) Track your mileage with specific business purposes noted (not just "went to office"). The IRS will scrutinize situations like yours more closely, but as long as you can show legitimate business separation and aren't just trying to convert regular commuting expenses into deductions, you should be fine. Consider consulting with a tax professional who specializes in mixed employment situations - the upfront cost is usually worth avoiding potential audit issues down the road.
0 coins
Savannah Weiner
ā¢This is excellent practical advice! I'm dealing with a similar mixed W2/1099 situation and have been worried about how to properly document everything. The separate calendar idea is brilliant - I never thought about maintaining completely separate logs to show the distinction between my different types of work. Quick question though - when you say "specific business purposes" for mileage tracking, would something like "Meeting with 1099 client at Company X office to review project deliverables" be detailed enough? I want to make sure I'm not being too vague but also not overthinking the documentation requirements. Also, do you have any recommendations for finding tax professionals who specialize in these mixed employment situations? My current CPA seems to just default to "you probably can't deduct any of it" which doesn't feel like the right answer.
0 coins