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Just a heads up that the Swiss-US tax treaty has specific provisions for dividend withholding that you should be aware of. The standard withholding rate from Switzerland is 35%, but under the treaty, US partnerships can often get this reduced to 15%. If you've had the full 35% withheld, your partners might be getting more foreign tax credits than they're actually entitled to. The IRS can disallow "excess" foreign tax credits if you could have taken steps to reduce the foreign tax but chose not to. Make sure you're applying the treaty rate correctly.
This is crucial info. If you've had 35% withheld instead of the treaty rate of 15%, you might be able to claim a refund from the Swiss tax authorities rather than claiming the full amount as an FTC. There's a specific form for this from the Swiss Federal Tax Administration.
I've been dealing with similar foreign dividend reporting issues for our partnership. One thing that really helped me was creating a detailed spreadsheet to track all the foreign dividends by country, date, and tax withheld. This made it much easier to complete the K-2/K-3 forms accurately. For Swiss dividends specifically, make sure you're checking whether your ETFs qualify for the reduced treaty withholding rate. Some Swiss ETFs are structured in ways that don't qualify for the full treaty benefits, which affects how much foreign tax credit your partners can actually claim. Also, double-check that your brokerage statements are correctly identifying which portions of the dividends are qualified vs ordinary. I found some discrepancies in our statements that would have caused issues with our K-2 reporting. The foreign tax needs to be allocated proportionally between qualified and ordinary dividends, so getting this right is critical for your partners' Form 1116 calculations. ProSeries should handle the K-2/K-3 generation once you input the data correctly, but the key is making sure all your source data is properly categorized before you start entering it into the software.
Could you guys clarify something about the tax treaty between US and South Korea? I heard there's a "saving clause" that basically negates a lot of the benefits for US citizens. Is that true?
Yes, that's correct. Most US tax treaties contain a "saving clause" that allows the US to tax its citizens as if parts of the treaty don't exist. This means that as a US citizen, you can't use most treaty provisions to reduce your US tax liability. However, there are usually exceptions to the saving clause. For example, the treaty might still protect you from double taxation on Social Security benefits or certain pension income. But for regular employment income, you'll generally need to rely on the Foreign Earned Income Exclusion or Foreign Tax Credit rather than treaty provisions.
I went through almost the exact same situation when I was working in Seoul! The stress about potential border issues is real, but I can confirm you won't have problems entering the US. CBP doesn't check tax compliance during entry. That said, you definitely need to get compliant ASAP. I was about 5 years behind on filing when I finally dealt with it. The key things that helped me: 1. Used the Streamlined Filing Compliance Procedures - no penalties if your non-filing wasn't willful (sounds like your case) 2. Filed 3 years of back tax returns using Form 2555 for the Foreign Earned Income Exclusion 3. Filed 6 years of FBARs for my Korean bank accounts Since you've been paying Korean taxes, you'll likely owe little to nothing to the US thanks to the FEIE. The exclusion amount for 2024 is around $120,000, so unless you're earning significantly more than that, you should be covered. Don't put this off though - the longer you wait, the more complicated it gets. Start gathering your Korean tax documents and employment records now. You'll need them to prove your foreign residence and income for the exclusion.
Last year my Robinhood 1099 wasn't available until February 24th! Sometimes they're super late especially if you had any "special" transactions like reorganizations or mergers. I wouldn't worry too much yet.
Same here! And I had friends who didn't get theirs until early March because of some corporate actions on their stocks. Robinhood seems to be consistently one of the last brokers to get these out.
Don't panic yet! I had the same issue last year and it turned out my 1099-B wasn't available until late February. Since you mentioned you made stock trades and had dividend income, you should definitely receive tax documents from Robinhood. A few things to double-check while you wait: 1. Make sure you're logged into the correct Robinhood account 2. Check that electronic delivery is enabled in your account settings under "Documents" 3. Verify your email and mailing address are current in case they need to send notifications The February 15th deadline is when they're supposed to have them ready, but in practice many brokers (especially Robinhood) often take until the end of February. If you're anxious to file your taxes, you could try pulling your monthly statements and calculating your gains/losses manually, but I'd recommend waiting for the official forms to avoid any discrepancies. If you still don't see anything by March 1st, that's when I'd start reaching out to their customer support for answers.
Don't forget state implications too! Federal gift tax is one thing, but depending on your state, there might be property transfer taxes or reassessment triggers when you add someone to a deed. In California, for example, transfers between spouses are excluded from reassessment, but you still need to file the proper exclusion forms with your county.
Good point about state issues! Do you know if I need to do anything special at the state level because she's not a US citizen, or does the spouse exemption apply regardless of citizenship for most state property tax purposes?
For most states, the spouse exemption for property tax purposes applies regardless of citizenship status. What matters is the legal marital relationship, not citizenship. The federal rules have that special non-citizen spouse limitation for gift tax purposes, but at the state level, it's typically much simpler. You should still file any required exemption forms with your county recorder's office. These forms usually just require proof of your marital relationship, not citizenship details. Some counties have specific interspousal transfer forms that explicitly exempt these transfers from reassessment or transfer taxes.
Has anyone considered the step-up in basis implications here? If the house appreciates and you both own it, when one spouse dies, the surviving spouse might only get a step-up in basis on half the property value. Whereas if only one spouse owns it, the entire property could get a step-up when that spouse dies. Just something to think about for long-term planning.
This is a great point about basis. I think it gets even more complicated with a non-citizen spouse though. Aren't there different rules for estate transfers to non-citizen spouses? I feel like I read somewhere that the unlimited marital deduction doesn't apply the same way for estate tax purposes with non-citizen spouses.
You're absolutely right about the estate tax complications with non-citizen spouses. The unlimited marital deduction doesn't apply for estate tax purposes when the surviving spouse is not a US citizen, even if they're a permanent resident. There's a much smaller annual exclusion (around $175,000 for 2024) for bequests to non-citizen spouses. However, there is a workaround called a Qualified Domestic Trust (QDOT) that can defer estate taxes until the surviving non-citizen spouse receives distributions or dies. But this adds a whole layer of complexity to estate planning. For the step-up in basis issue, it's true that joint ownership typically means only half the property gets a stepped-up basis when the first spouse dies. But the estate tax limitations for non-citizen spouses might actually make sole ownership MORE problematic, not less, since you'd potentially face estate tax on the full property value without the marital deduction protection. This is definitely getting into territory where you'd want professional estate planning advice, especially with the intersection of gift tax, estate tax, and non-citizen spouse rules.
Sofia Martinez
Something important no one mentioned yet - the tax implications might be different depending on how much you make from the server. If the income is substantial and regular, it's definitely business income and you need Schedule C. But if it's small and irregular, it might qualify as hobby income. The main difference: with a hobby, you can only deduct expenses up to the amount of income (so you can't claim a loss), while with a business you can deduct losses against other income. But either way, ALL income is taxable regardless of what PayPal reports.
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QuantumQuest
ā¢Thanks for mentioning this! Would $3,200 for the year be considered "substantial" enough to be business income rather than hobby income? And does it matter that I spend probably 15-20 hours a week maintaining the server?
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Sofia Martinez
ā¢The IRS doesn't have a specific dollar amount that automatically makes something a business versus a hobby. What matters more is your intention to make a profit and how you operate it. The time you spend (15-20 hours weekly) definitely strengthens the case that this is more than a casual hobby. $3,200 isn't huge, but it's not insignificant either. The key factors the IRS looks at include: whether you maintain good records, depend on the income, operate in a businesslike manner, have expertise in the field, and are working to improve profitability. If you're actively trying to get more donations and grow your server, that suggests business intent rather than hobby.
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Dmitry Volkov
Just be aware that if you don't report this income and somehow get audited, you'll face penalties and interest on top of the taxes you should have paid. The fact that PayPal doesn't report "friends and family" transfers doesn't protect you - it's still your legal obligation to report ALL income. I learned this the hard way with my Discord server donations. Started small but grew to about $400/month. Never reported it because "PayPal doesn't report it" - ended up with a nasty surprise when I got flagged for an audit for unrelated reasons and they found the unreported income.
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Ava Thompson
ā¢Is there some threshold where PayPal does start reporting to the IRS? I thought I read something about $600 or $20,000?
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Zoe Walker
ā¢Yes, there are thresholds but they've changed recently. For 2024, PayPal and other payment processors are required to report payments of $600 or more to someone who received them for goods or services (Form 1099-K). But this only applies to "goods and services" transactions, not "friends and family" payments. However, this is a common misconception - just because PayPal doesn't report it doesn't mean you don't owe taxes on it! You're legally required to report ALL income regardless of whether you receive a 1099 form. The reporting thresholds are just to help the IRS cross-reference, but your obligation to report income exists whether you get a form or not. @Dmitry Volkov s'experience is exactly why it s'so important to be proactive about reporting this income from the start.
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