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Just wanted to share a warning - I had tax debt from 2006-2008 that should have reached the CSED by 2018-2020, but I found out the IRS had sued me in federal court for the tax debt back in 2016 (I never received the notices because I moved several times). Once they get a judgment, the CSED no longer applies and they can collect for 20+ years!! If your debt is substantial (mine was about $48,000), they might have already taken this step. You should check court records in your jurisdiction to make sure they haven't filed a suit against you. This completely changes the CSED situation.
How would someone check if the IRS filed a suit? Do you just google your name + IRS lawsuit or is there a specific government website?
You need to check the federal court records system called PACER (Public Access to Court Electronic Records) at pacer.uscourts.gov. You'll need to create an account, but searches are free if you use less than $30 worth of services per quarter. Search for your name as a defendant in the U.S. District Court for your area. The case would be titled something like "United States v. [Your Name]." If you find such a case, you should immediately consult with a tax attorney as the collection rules are completely different once a judgment is entered.
Just wanted to add another important point that hasn't been covered yet - if you're dealing with CSED issues, make sure you understand the difference between the Collection Statute Expiration Date and the Assessment Statute Expiration Date (ASED). The ASED is typically 3 years from when you filed your return (or should have filed), and it determines how long the IRS has to assess additional taxes. The CSED is the 10-year period for collection that everyone's been discussing. These are completely separate timelines. Also, if you filed an amended return or the IRS made adjustments to your original return, each change creates a new assessment with its own 10-year CSED. So even if your original 2008 tax return's CSED has expired, if the IRS made an adjustment in 2015, that adjustment would have its own CSED expiring in 2025. This is why getting your Account Transcript is so crucial - it shows every assessment and adjustment, not just the original filing. Many people think their debt should be gone based on their filing date, but don't realize there were later assessments that reset the clock.
Just wanted to add that the formula you're using to calculate your US taxable UK income looks right, but make sure you're using the official IRS yearly average exchange rate, not just any exchange rate you find online. The IRS publishes these rates for each year and they're what you should use for consistency. Also, don't forget that as a dual-status alien, you can't take the standard deduction on your return - you're limited to itemizing only, and even then with some restrictions. And check out the special rules about filing a "dual-status statement" that explains your residency dates.
I thought dual-status filers could take the full standard deduction if they're married filing jointly with a US citizen spouse and elect to be treated as a full-year resident? That's what I did last year.
You're absolutely right about the exception for married filing jointly. If you're married to a US citizen or resident and you both elect to treat the dual-status alien as a full-year US resident, then you can take the full standard deduction and basically file as if you were a resident for the entire year. But for the original poster who didn't mention a US spouse, the general rule applies - dual-status filers are limited to itemized deductions only, and they can't claim the standard deduction on either the 1040 or 1040-NR portions of their return.
This is exactly the kind of complex situation where getting professional help can save you tons of headaches and potentially money. I went through something similar when I moved from Canada to the US mid-year. One thing to double-check - make sure you're correctly determining your US tax residency start date. For green card holders, you become a US resident for tax purposes on the date you first become a lawful permanent resident (usually the date you enter the US with your immigrant visa or the date your status is adjusted if you were already in the US). This affects your pro-ration calculation. Also, keep detailed records of everything - dates of payments, exchange rates used, copies of all foreign tax documents. The IRS can be pretty thorough if they decide to examine a dual-status return, especially one with foreign tax credits. I learned this the hard way when they asked for documentation going back three years. Good luck with your first US tax return! It gets easier once you understand the system, but that first dual-status year is definitely a learning curve.
Thanks for the reminder about the residency start date - that's actually something I wasn't 100% sure about. I entered the US with my immigrant visa in August, so I've been using that as my start date for the pro-ration. Good to know that's the right approach. Your point about keeping detailed records is well taken. I've been saving everything, but I'll make sure to organize it better in case of questions later. Did the IRS examination process take long when they reviewed your dual-status return? Just want to know what to potentially expect. The learning curve is definitely steep! Between figuring out dual-status rules, Form 1116, and all the exchange rate calculations, it feels like I need a PhD in tax law just to file my first return.
One thing I learned the hard way as a pianist - make sure you clearly document which vehicle expenses go with which type of income! I got flagged for an audit because I deducted all my travel, but some was for my W-2 teaching position (not deductible) and some for my 1099 gigs (deductible). Keep a mileage log with dates, destinations, purpose, and which "job" it was for. There are apps that can help track this automatically. This distinction between W-2 and 1099 related expenses is super important and something many musicians miss.
What mileage tracking app do you recommend? I've been trying to remember to write down my odometer readings but I always forget.
As someone who's navigated the musician tax maze for years, I want to emphasize something that hasn't been mentioned yet - the importance of understanding the "exclusive use" test for your home studio deduction. Since you mentioned teaching private lessons from your home studio, you can absolutely deduct that space, but it must be used EXCLUSIVELY for business purposes. If your home studio doubles as a family room or storage area, the IRS won't allow the deduction. The space needs to be dedicated solely to your music business activities. For calculating the deduction, you can either use the simplified method ($5 per square foot up to 300 sq ft) or the actual expense method (percentage of home expenses based on square footage). Given your multiple income streams, I'd recommend the actual expense method since you can likely justify a larger deduction. Also, don't forget about the Section 199A deduction (QBI deduction) for your 1099 income! As musicians with Schedule C income, you may qualify for up to a 20% deduction on your qualified business income. This can be substantial savings that many musicians overlook. One last tip - consider whether any of your equipment purchases qualify for Section 179 depreciation, which allows you to deduct the full cost in the year of purchase rather than depreciating over several years. This applies to items like recording equipment, instruments, and computers used for your business.
My tax guy told me that when you have a 1099-R with code J, you should also include a statement with your tax return explaining the situation. He said its not technically required but can help prevent questions from the IRS later. Has anyone else been advised to do this?
While attaching an explanation isn't mandatory, it can certainly be helpful in some cases. The IRS matching program will see the 1099-R reported, and if everything is properly coded on your return (line 4a showing the distribution, line 4b showing $0, and Form 5329 filed for the excise tax), there shouldn't be any issues. That said, if you're concerned or if your situation has additional complexity, including a brief statement explaining the excess contribution removal can provide extra clarity. It's never a bad idea to provide more documentation when the situation is somewhat unusual.
I went through this exact situation last year with a 1099-R code J for an excess Roth contribution removal. Everyone's advice here is spot on - you'll report the full amount on line 4a and $0 on line 4b since it's just returning your already-taxed contribution. The most important thing that some tax software misses is Form 5329. You absolutely need to file this form to report the 6% excise tax for both 2022 and 2023. TurboTax should prompt you for this when you indicate it was an excess contribution removal, but double-check that it's including Form 5329 in your filing package. Also, don't worry about box 2b being checked - that's completely normal for this type of distribution. The brokerage is basically saying "we're not making the taxability determination, that's between you and the IRS," which is standard practice for excess contribution removals. Keep all your documentation from Vanguard showing the removal request and confirmation, plus records of the excise tax payments. This will be helpful if there are any questions later.
This is really helpful - thank you for confirming what everyone else has been saying! I'm feeling much more confident about how to handle this now. One quick follow-up question: when you filed Form 5329 for the excise tax, did you have to calculate the tax yourself or does TurboTax handle that calculation automatically once you input the excess contribution amounts? I want to make sure I'm not missing any steps in the calculation process.
Giovanni Marino
Are you writing off all your business expenses correctly? I'm self employed too and was shocked at my tax bill until I learned what I could deduct. Car mileage, home office, cell phone, internet, laptop, software subscriptions, health insurance premiums, business travel, professional development... the list goes on. My tax guy found over $20k in legit deductions I was missing.
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Fatima Al-Sayed
ā¢This! I wasn't tracking my mileage for years and missed out on thousands in deductions. I now use MileIQ app and it's a game changer. Also, if you have a separate room used exclusively for business, that home office deduction is significant.
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Tyler Lefleur
I feel your pain! I went through something similar my first year hitting six figures as a freelancer. That 45-50k total tax bill is unfortunately pretty normal for self-employment income at your level. A few things that might help reduce the sting: 1. **Quarterly payments for next year** - Since you now know your income level, increase those quarterly payments to avoid another big surprise. Aim for about 35% of your gross income. 2. **Business structure** - At your income level, it might be worth exploring an S-Corp election. You'd pay yourself a reasonable salary (subject to payroll taxes) and take the rest as distributions (no SE tax). Could save you several thousand annually. 3. **Maximize retirement contributions** - A Solo 401k lets you contribute as both employer and employee, potentially up to $69,000 for 2024. Even a $20k contribution could save you $5-7k in taxes. 4. **Track EVERYTHING** - Business meals (50% deductible), equipment, software, professional memberships, continuing education. I use QuickBooks Self-Employed to categorize expenses automatically. The good news? You made $160k! That's amazing. The tax bite hurts but it means your business is thriving. Just plan better for next year so there are no surprises.
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Dylan Campbell
ā¢This is incredibly helpful, thank you! I'm actually in a very similar situation - first year breaking into six figures with my consulting business and feeling overwhelmed by the tax implications. The S-Corp election sounds intriguing but also complicated. Do you have any recommendations for resources to learn more about whether it makes sense for my situation? I'm worried about the additional paperwork and compliance requirements, but if it could save me thousands in SE tax, it might be worth exploring. Also, when you mention "reasonable salary" for S-Corp - how do they determine what's reasonable? I've heard the IRS scrutinizes this pretty closely.
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