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I just went through this exact situation last year and want to emphasize how important it is to get this right! FGTS absolutely needs to be reported on FBAR - I learned this the hard way after initially thinking it didn't count since it's not a traditional bank account. A couple of additional tips from my experience: 1. If you're having trouble getting your FGTS balance history, you can actually contact Caixa EconΓ΄mica Federal directly through their international support. They were surprisingly helpful when I explained I needed the information for US tax compliance. 2. Don't forget that if you had any 13th salary deposits or other bonus payments that went into your FGTS, these could have pushed your balance higher at certain points during the year. 3. Keep detailed records of how you calculated the USD amounts - I created a simple spreadsheet showing the Brazilian Real amounts and the Treasury exchange rates I used for each reporting period. The penalties for getting FBAR wrong are no joke, so when in doubt, report it. I'd rather be overly cautious than face potential fines that could be thousands of dollars per unreported account.
This is such valuable advice, especially about contacting Caixa directly for balance history! I'm currently in a similar situation where I can't access all my old statements online. Did you have to provide any specific documentation to Caixa to prove your identity when requesting the balance information? Also, how long did it take them to respond? I'm getting close to the FBAR deadline and starting to panic a bit about having incomplete records. The point about 13th salary deposits is brilliant - I completely forgot that these would affect the maximum balance calculation. My employer always paid the 13th salary in December, so that's probably when my FGTS balance was at its highest for the year.
@884906e3dc74 Great point about the 13th salary deposits! I'm in a similar boat with my FGTS reporting and hadn't considered how those December payments would spike the balance. For anyone else dealing with missing FGTS records, I found that if you still have your CTPS (work card) or any final settlement documents from your Brazilian employer, these often show your total FGTS contributions which can help you estimate balances. Also, the FGTS deposit rate is standardized at 8% of gross salary, so if you have your payslips you can calculate approximate monthly deposits. One thing I'm still unclear on - if my FGTS was with multiple employers during the year (I switched jobs in Brazil), do I need to report each FGTS account separately or can I combine them since they're all managed by Caixa? The account numbers were different but it's technically the same fund system.
Just wanted to add some clarity on a few technical points that might help others in similar situations with FGTS reporting: Regarding multiple FGTS accounts from different employers - you should report each account separately on your FBAR since they have different account numbers, even though they're all managed by Caixa. Each employment contract creates a distinct FGTS account linked to your PIS/PASEP number but with unique identifiers. For those struggling to get complete balance histories, there's actually a useful workaround: if you have your "Extrato do FGTS" (FGTS statement) from when you left Brazil, it typically shows not just the final balance but also the monthly deposit history for the past 12-24 months. This can help you reconstruct the peak balance periods. Also worth noting - if you had any FGTS withdrawals during the year for permitted reasons (like home purchase or serious illness), make sure to account for these when determining your maximum balance. The highest balance might have occurred before any withdrawal, not necessarily at year-end. One last tip: if you're using estimated amounts due to incomplete records, the IRS generally accepts reasonable estimates as long as you can document your methodology. Just keep detailed notes on how you calculated everything in case of future questions.
This is incredibly thorough information, thank you @2d3087dd5b7a! The point about reporting each FGTS account separately even when they're all with Caixa is really important - I would have definitely combined them incorrectly. One question about the methodology documentation you mentioned - when you say "keep detailed notes," are you referring to just personal records, or is there a specific format the IRS expects if they ever audit your FGTS reporting? I'm using estimates for a few months where I can't get exact statements, and I want to make sure I'm documenting everything properly. Also, for anyone else dealing with this, I found that if you still have access to your Brazilian bank's mobile app, sometimes the FGTS balance is displayed there even if you can't access full statements. It might at least give you a recent reference point to work backwards from using the 8% salary contribution rate.
The control number is basically your case tracking ID - without it they can't pull up your file quickly. Also pro tip: when they call, ask them to repeat the number back to you to make sure you're both looking at the same thing. Sometimes there's confusion between different notice numbers and it can waste a lot of time!
That's really smart advice about having them repeat it back! I wish I had known that when I first got my review notice - would have saved me from going in circles with the rep for like 20 minutes trying to figure out why they couldn't find my case π
Had the exact same thing happen to me last month! The control number is also sometimes called a "DLN" (Document Locator Number) if you hear them use that term. It's basically how they organize and track your specific case in their massive system. If you ever lose the paper notice, you can also call the IRS directly and they can give you the control number over the phone as long as you can verify your identity. Just make sure to write it down somewhere safe since you'll likely need it multiple times throughout the review process!
I was in your exact situation last year. Make sure you're documenting EVERYTHING about your family business! The distinction between a legitimate business that employs a nanny vs a tax shelter specifically created to deduct personal expenses is crucial. Some things that helped me: - Maintain separate bank accounts for business operations - Have formal employment contracts - Document specific business-related duties of the nanny (vs childcare duties) - Keep detailed timesheets separating business support vs childcare hours - Have a business with genuine income/clients beyond just you and your spouse The IRS scrutinizes these arrangements closely because so many people try to game the system. Better to be conservative with deductions than risk an audit.
Do you have any recommendations for time-tracking software that works well for this specific situation? We need to track when our nanny is doing business-support activities vs pure childcare.
For time tracking, I've found that simple solutions work best for IRS documentation. We use Toggl Track - it lets you create different project categories (like "Business Support" vs "Childcare") and the nanny can easily switch between them on her phone throughout the day. The key is having clear definitions of what constitutes business support. For us, that includes things like answering business calls, light administrative tasks during meetings, maintaining the home office space, and allowing us to take client calls without interruption. Pure childcare activities like meals, playtime, and personal care don't count. We also keep a simple written log as backup documentation. The IRS likes to see contemporaneous records, so having both digital tracking and written notes helps demonstrate legitimacy. Just make sure whatever system you use generates reports that clearly separate the different types of work hours.
One thing that hasn't been mentioned yet - consider whether your family business structure is optimal for your situation. If you're running a consulting practice, you might want to explore whether an S-Corp election could provide additional tax benefits. With an S-Corp, you'd pay yourselves reasonable salaries as employees, which could potentially allow for legitimate business deductions related to employee benefits and workplace support services. However, this is definitely territory where you need professional guidance. Also, make sure you're not missing out on the home office deduction if you're running your consulting business from home. While you can't directly deduct childcare as a business expense, having a properly documented home office can create legitimate business deductions that indirectly help offset your overall tax burden. The key is building a comprehensive tax strategy rather than focusing solely on the childcare deduction angle. Sometimes the best approach is maximizing all available legitimate deductions rather than trying to force one specific expense category.
For what it's worth, I've used TurboTax to handle my Form 2555 for the past three years while working in various Middle East locations. Their interview process walks you through the combat zone exception pretty well and automatically calculates the prorated exclusion. Just make sure you have your exact dates of entry and exit from the combat zone and documentation from your employer confirming you were supporting US Armed Forces.
I tried TurboTax last year and it completely messed up my foreign exclusion calculation. Had to file an amended return. HR Block online handled it much better for me.
That's surprising to hear! What specific issue did you have with TurboTax? For me, it calculated everything correctly and even prorated my exclusion automatically for my partial year in Kuwait. I wonder if they've improved their handling of Form 2555 in the most recent version. I'll admit that the questions they ask about qualifying for the exclusion aren't always clear, but if you navigate them carefully, the end calculation has always been right for me.
Just want to add another perspective here - I was in a similar situation as a contractor in Afghanistan for about 180 days last year. The combat zone exception definitely applies, but make sure you're crystal clear on which specific days count toward your physical presence. One thing that tripped me up initially was that travel days to and from the combat zone don't automatically count unless you're actually physically present in the designated area. So if you had layovers in Dubai or other non-combat locations, those days typically don't count toward your 163. Also, double-check that Iraq/Kuwait region work qualifies - it should under the Arabian Peninsula Area designation, but the IRS is very specific about which locations qualify. You can find the complete list in Publication 3 (Armed Forces' Tax Guide) to make sure your specific work sites are covered. The prorated calculation everyone mentioned is correct (163/365 Γ $120,000), but just be extra careful with your date documentation since the IRS tends to scrutinize foreign income exclusions more closely, especially for contractors.
This is really helpful clarification about the travel days! I hadn't thought about layovers potentially not counting. Most of my travel was pretty direct through military transport, but I did have a couple of civilian flights that went through Dubai. Do you know if there's a specific rule about how long a layover has to be before it "breaks" the physical presence? Like if I had a 6-hour layover in Dubai on my way to Kuwait, would that entire day not count, or just the layover time itself? Also, thanks for mentioning Publication 3 - I'll definitely double-check that my specific locations in Iraq are covered under the Arabian Peninsula Area designation. Better to be safe than sorry when it comes to IRS scrutiny!
Mohammad Khaled
I've been following this thread and wanted to add my perspective as someone who recently went through a very similar situation. The advice here is absolutely correct - there's no legitimate reason for a W2 employee to fill out a W9, and you should definitely stand your ground on this. What's particularly concerning is that they initially wanted to hire you as 1099, then "agreed" to W2 status but are still pushing contractor paperwork. This pattern suggests they haven't actually changed their internal classification of your position - they're just telling you what you want to hear while planning to treat you as a contractor anyway. I'd recommend documenting everything in writing. Send them an email confirming your W2 employee status and explicitly requesting the W4 form. Something like: "To confirm our discussion, I'll be joining as a W2 employee. Please provide the W4 form for tax withholding. I understand the W9 you sent was sent in error, as that's only used for independent contractors." Their response will reveal their true intentions. A legitimate company would immediately apologize for the mix-up and send the correct form. If they keep insisting on the W9 or give you vague explanations, you'll know they're either incompetent or deliberately trying to misclassify you - and you can make an informed decision about whether to proceed with this employer. The tax implications are significant, so it's worth getting this sorted out properly before you start work.
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Keisha Robinson
β’This is really helpful advice, especially the suggested email language! I'm dealing with a similar situation where my employer seems confused about the paperwork requirements. The documentation approach makes so much sense - it protects you legally and forces them to clarify their position in writing. I've noticed this seems to be happening more frequently based on what I'm reading here. Are there specific industries where this kind of misclassification is more common? I'm wondering if certain sectors are more prone to these "mistakes" or if it's just becoming a widespread issue as companies try to cut costs. Also, for those of us who do end up in properly classified W2 positions, are there any other red flags we should watch for once we start working? I want to make sure I can spot any other potential issues early on.
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Megan D'Acosta
Great question about industry patterns! From what I've observed, misclassification issues are particularly common in tech (especially startups), gig economy companies, construction, healthcare (traveling nurses, therapists), creative industries (marketing, design, writing), and consulting firms. Basically anywhere companies can argue workers have "independence" or specialized skills. As for red flags to watch for once you start as a W2 employee: 1) Check your first paystub carefully - make sure federal/state taxes, Social Security, and Medicare are being withheld, 2) Verify you're eligible for the same benefits as other employees, 3) Watch if they expect you to provide your own equipment/supplies that employees normally get, 4) Pay attention if they try to control your work like an employee but deny employee protections, and 5) Be wary if they issue you a 1099 at year-end despite W2 promises. The key is that legitimate employers with proper HR systems never "accidentally" confuse these classifications. When it happens, it's usually either incompetence (concerning) or deliberate cost-cutting (illegal). Trust your instincts - if something feels off about how they're handling your employment status, it probably is.
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Isabella Santos
β’This is such valuable information about industry patterns! As someone new to navigating employment classifications, it's really eye-opening to see how widespread this issue is across different sectors. The tech startup mention particularly resonates - I've heard from friends in that space about similar confusion around contractor vs employee status. Your red flag checklist is incredibly helpful and something I'll definitely bookmark for future reference. The point about checking the first paystub is especially important - it seems like that would be the quickest way to verify whether they're actually following through on their W2 promises or just giving lip service while treating you as a contractor behind the scenes. I'm curious about the equipment/supplies point you mentioned. What are some specific examples of things that employees should typically receive vs. what contractors usually provide themselves? I want to make sure I know what's reasonable to expect vs. what might signal misclassification issues. Thanks for sharing your expertise on this - it's really helping me understand how to protect myself in these situations!
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