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Ask the community...

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AaliyahAli

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Anyone know if reporting income from a 1042-S affects your eligibility for the Foreign Tax Credit? I have both 1042-S and 1099-INT forms this year and I'm trying to figure out if I can claim FTC for both income types since some tax was withheld on the 1042-S.

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Ellie Simpson

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Yes, you can claim Foreign Tax Credit for taxes properly withheld on a 1042-S. You'd use Form 1116 to claim the credit. But since you mentioned $0 was withheld on your 1042-S, there wouldn't be any foreign tax to credit in your specific case.

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Isla Fischer

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I went through this exact same situation two years ago when I transitioned from F-1 student status to permanent resident. The key thing to remember is that you're absolutely on the right track - you do need to report this income on your Form 1040 even though you received a 1042-S. One thing I learned the hard way is to make sure you check if your bank has your updated residency status on file. Since you're now a resident, you should submit a new W-9 to replace any W-8BEN they have on file. This will ensure you get proper 1099-INT forms next year instead of dealing with this 1042-S situation again. Also, don't forget that if you had any tax withheld earlier in the year when you were still a non-resident (from other sources), you can claim credit for those withholdings on your 1040. The timing of your status change matters for determining what credits you're eligible for throughout the tax year.

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This is really helpful advice! I'm actually in a similar transition period right now - just got my green card last month but still have some income from earlier this year when I was on an H-1B. The W-9 vs W-8BEN tip is golden - I hadn't even thought about updating that with my bank yet. Quick question though - when you say "timing of your status change matters for determining what credits you're eligible for" - does this mean I need to prorate things based on when exactly my status changed? I'm worried I might be missing some credits I'm entitled to from the earlier part of the year.

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Ezra Bates

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One thing that hasn't been mentioned - make sure you're charging each other a reasonable interest rate! If it's too low (below the Applicable Federal Rate), the IRS can recharacterize part of the loan as a gift and create tax headaches. But if it's too high, your parents might face usury law issues depending on your state. When my parents loaned me money for my house, we set the rate at exactly the mid-term AFR for the month we signed the paperwork, which was around 2.5% at the time. The IRS publishes these rates monthly, so it's easy to find the appropriate rate.

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How do you find these AFR rates? Is there a specific website? And do you have to use the exact rate or can it be higher?

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Ezra Bates

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You can find the AFR rates on the IRS website by searching for "Applicable Federal Rates" or "AFR" - they publish them monthly in the IRS Bulletin. The rates are divided into short-term (loans up to 3 years), mid-term (3-9 years), and long-term (over 9 years). Your rate can definitely be higher than the AFR - the AFR is just the minimum rate to avoid the imputed interest rules. Many family loans use AFR + 0.5% or something similar to make it beneficial for both parties - still lower than commercial rates but providing a decent return for the parents. Just be careful not to exceed your state's maximum legal interest rate (usury laws), which varies by state but is typically around 10-18%.

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Sophia Carson

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Has anyone mentioned that you need to actually record the mortgage or deed of trust with your county for this to work? My wife and I did a similar loan with her parents and we skipped that step thinking the promissory note was enough. BIG mistake - we got audited and lost the entire mortgage interest deduction for that year!

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Elijah Knight

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Oh that's scary! How did the IRS find out? Did they specifically ask for proof the loan was recorded with the county?

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Zainab Mahmoud

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The IRS actually requested documentation during the audit to prove the loan was secured by our home. They wanted to see either a recorded deed of trust or mortgage document from the county. When we couldn't provide that, they reclassified it as a personal loan, which meant no mortgage interest deduction. We had to pay back taxes plus interest on the disallowed deduction - ended up costing us about $3,000 total. Recording the document with the county usually only costs $50-100, so definitely don't skip that step like we did!

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Noland Curtis

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Have you considered speaking to your brokerage firm? I had a similar issue with excess contributions and my brokerage (Fidelity) had a specific department that handled excess contribution removals. They calculated the attributable earnings for me and could process the removal in a way that was properly coded for the IRS. Also, don't forget that if you're using the money for qualified education expenses as you mentioned, you might qualify for an exception to the 10% early withdrawal penalty on any earnings (though you'd still owe income tax on those earnings). This is separate from the 6% excise tax issue, but could help reduce the overall financial impact.

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Diez Ellis

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This is good advice. I work at a brokerage (not naming which one) and we help with this all the time. The key is asking specifically for the "excess contribution removal department" or sometimes called "retirement tax services." Regular customer service reps might not know the proper procedure.

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KhalilStar

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I'm really sorry to hear about this stressful situation, but you're not alone - many international students make this mistake because the IRA rules aren't always clearly explained when you open accounts. A few additional points that might help: 1) Since you mentioned you're an F1 student, make sure you understand your tax treaty benefits if your home country has one with the US. Some treaties have provisions that could affect how penalties are calculated, though this probably won't eliminate the excess contribution issue. 2) Consider timing your withdrawal strategically. If you're planning to graduate and potentially work in the US (OPT, etc.), you might want to coordinate the withdrawal with a year when you'll have some US income to potentially offset the tax impact of any earnings withdrawal. 3) Keep detailed records of everything - all your contribution dates, account statements, and any correspondence with the IRS or your brokerage. This will be crucial if there are any questions later. 4) Don't let this discourage you from retirement planning once you do have eligible earned income! You clearly have good financial instincts, just got tripped up by the eligibility rules. The $6K in penalties is painful but manageable, and fixing this now will prevent it from getting worse. You've got this!

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Omar Hassan

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Just wanted to chime in as someone who went through this exact same confusion when I started my LLC two years ago! The advice here is spot-on - your initial capital contribution definitely isn't income to the business. One thing I'll add that helped me a lot: keep a simple "capital account" record somewhere. I just use a basic spreadsheet with the date and amount of each contribution I make. This becomes really useful not just for taxes, but also for understanding your true return on investment as your business grows. Also, since you mentioned you're keeping track of everything already (which is great!), make sure you're categorizing your expenses properly from day one. Some things like equipment might need to be depreciated over several years rather than fully deducted in year one, depending on the cost. But software subscriptions, office supplies, and most other operating expenses can usually be deducted fully in the year you pay for them. The fact that you're asking these questions early shows you're on the right track. Way better to get it right from the start than have to go back and fix things later!

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This is really helpful advice! I'm also just starting out with my LLC and the capital account tracking idea is brilliant. Can I ask - when you mention that equipment might need to be depreciated, is there a specific dollar amount threshold where that kicks in? Like if I buy a $800 laptop vs a $3000 computer setup, would they be handled differently? I want to make sure I'm planning my equipment purchases smartly from a tax perspective.

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Great question! There isn't a hard dollar threshold that automatically triggers depreciation requirements, but there are some general guidelines. Typically, items under $500-$1000 can often be expensed immediately as supplies or small equipment, while more expensive items like your $3000 computer setup would normally need to be depreciated over several years (computers are usually 5-year property). However, here's the key thing that can save you a lot of hassle: Section 179 allows you to immediately deduct up to $1.08 million (for 2023) of qualifying business equipment purchases in the year you buy them, instead of depreciating them. So both your $800 laptop and $3000 computer setup could potentially be fully deducted in year one under Section 179. The main requirements are that the equipment is used more than 50% for business purposes and that your total business income is enough to cover the deduction. For a new LLC, this is usually the way to go since it simplifies your bookkeeping and gives you the tax benefit upfront when you probably need the cash flow most. Just make sure to keep good records of the business use percentage for each item!

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This is exactly the kind of question I had when I started my single-member LLC for graphic design! The confusion is totally understandable, but you're getting great advice here. Just to reinforce what others have said - that $12,500 you put in is definitely not income to your business. Think of it this way: if you took $12,500 out of your savings account and put it in a different savings account, you wouldn't consider that "income" to the second account, right? Same principle applies here. One practical tip that saved me a lot of headaches: when you do get that business bank account set up, make the very first transaction a clear transfer of your initial capital contribution. I literally wrote "Initial Capital Contribution" in the memo line when I transferred my startup funds. This creates a crystal clear paper trail showing exactly where your business funds came from. Also, since you mentioned you're keeping track of everything (which is awesome!), consider using a simple bookkeeping app or even just a spreadsheet to categorize expenses as you go. It'll make Schedule C preparation so much easier when tax time rolls around. The key categories are usually things like office supplies, software subscriptions, marketing, professional services, etc. You're asking the right questions early - that's going to save you so much stress later on!

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LilMama23

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This is such great practical advice! The savings account analogy really helps clarify why the initial contribution isn't income - I never thought about it that way before. And I love the tip about writing "Initial Capital Contribution" in the memo line. Those little details that create clear paper trails seem so obvious once someone points them out, but I definitely wouldn't have thought of that on my own. I'm curious about the bookkeeping apps you mentioned - are there any specific ones you'd recommend for someone just starting out? I've been using a basic spreadsheet but I'm wondering if there's something designed specifically for small LLCs that might make categorizing expenses easier. Especially since I'm still learning what all the different expense categories should be. Also, thanks for mentioning the Schedule C preparation - that's been another source of anxiety for me since I've never had to deal with business taxes before. It's reassuring to hear that good record-keeping from the start makes it much more manageable!

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RaΓΊl Mora

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Same situation here! Filed in January, amended in March, and just got the 810 freeze code last week. It's so frustrating not knowing exactly where we stand in the process. I've been checking my transcript obsessively but it's hard to decode all these codes. The waiting is definitely the hardest part - especially when you're expecting a refund and have bills to pay. Hang in there, hopefully we'll both get some movement soon! 🀞

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James Maki

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Totally feel you on the obsessive transcript checking! πŸ˜… I've been refreshing mine like every other day hoping for some change. The uncertainty is killer when you're counting on that refund. At least we're all in this together - misery loves company right? Here's hoping the IRS picks up the pace soon! 🀞

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NeonNomad

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I'm in almost the exact same timeline as you! Filed in January, amended in April, and just saw the 810 freeze code appear on my transcript this week. The not knowing is driving me crazy - like you said, the anxiety about the wait time is real. I've been reading that some people's amended returns get processed faster than the 20-week estimate, but it seems pretty hit or miss. Really hoping we both get some movement on our accounts soon! Keep us posted if you see any changes on your transcript 🀞

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Yara Elias

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OMG yes! It's such a relief to find others with the exact same timeline - I was starting to think I was the only one stuck in this limbo. The 810 freeze code literally just showed up on mine this week too after checking it religiously for months. I keep telling myself that at least it means they're actually working on it now, but the waiting is brutal when you have no idea if it'll be 10 weeks or 20 weeks. Definitely will keep you posted if anything changes - please do the same! We got this πŸ’ͺ

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