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Can I piggyback on this question with a related margin interest issue? If I use margin to buy both stocks and options, but only sell the options for a profit while keeping the stocks, can I deduct all the margin interest? Or only the portion related to the options I sold?
You can deduct all your margin interest up to the amount of your total investment income, regardless of which specific securities you sold. The IRS doesn't require you to match interest expenses to specific securities or transactions. So if your options trading generated sufficient investment income to cover all your margin interest for the year (from both stocks and options), you can deduct the full amount of interest. Just make sure to complete Form 4952 correctly to calculate your allowable deduction.
Just wanted to add a practical tip from my experience with a similar situation. When you're preparing your taxes, make sure you have good documentation of all your margin interest payments throughout the year. Your brokerage should provide this on your 1099-INT or in your monthly statements, but it's worth double-checking the totals. Also, keep in mind that if you have multiple brokerage accounts, you'll need to aggregate all your investment income and all your investment interest expenses across all accounts when completing Form 4952. The IRS looks at your total investment picture, not account by account. One more thing - if you're planning to continue using margin in future years, consider keeping a spreadsheet to track your margin interest payments monthly. This makes tax prep much easier and helps you project whether you'll have enough investment income to fully deduct the interest each year.
Just adding - even if your S election did go through, you might want to consider if it's actually better for your situation. Depending on your circumstances, you might actually benefit more from C corp status with the current 21% flat corporate tax rate. For my small business, we deliberately revoked our S status because of the tax advantages with retained earnings. Might be worth discussing with a tax pro whether the election rejection is actually a blessing in disguise.
That's an interesting perspective. My income is still relatively low (around $90k annual profit), and I'm the sole owner taking distributions regularly. Wouldn't the double taxation of C corp be worse in my case? I was under the impression S corp is better for smaller, single-owner businesses where the owner takes regular distributions.
For your specific situation with $90k profit and taking regular distributions as a sole owner, you're right that S corp status is likely more advantageous. The S corp allows you to take a reasonable salary (subject to employment taxes) and then take additional distributions that aren't subject to self-employment tax. In contrast, if you were planning to reinvest most profits back into the business rather than taking distributions, a C corp might be better because you'd only pay the flat 21% corporate rate on retained earnings. But since you're regularly distributing profits, you'd face that double taxation issue with a C corp - 21% at the corporate level and then personal income tax on dividends. Your instinct about S corp being better for your scenario is correct.
I had a very similar experience last year! The key thing to understand is that the IRS processes S corp elections even if you don't receive confirmation. Since your 1120 was rejected, that's actually strong evidence your S election went through. Here's what I'd recommend: First, try logging into your IRS business online account at irs.gov - sometimes you can see your entity status there without calling. If that doesn't work, you can also request a transcript of your business account online or by mail using Form 4506-T, which will show if your S election is active. For the immediate filing issue, you'll need to prepare and file Form 1120-S instead of the 1120. The good news is that if you can show you never received the CP261 notice (reasonable cause), you may qualify for penalty relief when you file the correct return late. Just make sure to include a letter explaining the situation when you submit your 1120-S. One quick tip - check your spam/junk folder for any IRS emails, and also verify they have your correct mailing address on file. Sometimes these notices get lost due to address issues.
This is really helpful advice! I'm dealing with a similar situation right now where I'm not sure if my S election went through. One question - when you say "request a transcript using Form 4506-T," how long does that typically take to receive by mail? I'm trying to figure out the fastest way to confirm my status since I need to file soon. Also, did you end up having to pay any penalties when you filed your late 1120-S, or were you able to get them waived with the reasonable cause explanation?
Just wanted to add my experience - we handled a similar situation differently. Our foreign investor (30% shareholder) paid some corporate expenses directly, and our CPA advised us to treat these as capital contributions rather than loans. The key factors in our decision were: 1. There was no expectation of repayment 2. No loan agreement was created at the time 3. The payments were relatively small (under $5k total) We documented this with a corporate resolution acknowledging the payments as capital contributions, which increased the shareholder's basis in the company. This was reported on line 19 of Part IV ("Capital contributions") instead of line 9 or 22. The approach you take really depends on whether there's an expectation of repayment or not.
Wouldn't treating it as a capital contribution have different tax implications for the shareholder though? If they ever sell their shares, wouldn't this increase their basis and potentially reduce capital gains?
Yes, treating expenses as capital contributions does increase the shareholder's basis, which would reduce their capital gains taxes if they eventually sell their shares. This is actually beneficial for the shareholder in the long run. It's also cleaner from an accounting perspective since you don't have to track loans and potential interest implications. In our case, since the amounts were relatively small and the shareholder had no expectation of being repaid, the capital contribution treatment made more sense for everyone involved.
I think everyone is overlooking the simplest approach here. When a foreign shareholder pays expenses on behalf of the corporation, you can treat this as a reimbursable expense. The corporation should record an account payable to the shareholder, and then when funds are available, reimburse them. This wouldn't need to be reported on Form 5472 at all if the reimbursement is done within a reasonable timeframe and at the exact amount (with no interest or other compensation). It's only when the arrangement becomes a long-term financing solution that it should be treated as a loan or capital contribution requiring 5472 reporting.
This is incorrect and could get the OP in trouble. Any transaction between a reporting corporation and a 25% foreign shareholder must be reported on Form 5472, even if it's just an expense reimbursement. The IRS is very strict about this - the penalties for non-reporting are $25,000 and they're not lenient with this form.
Don't forget that once you move to Japan you'll need to file Form 2555 for the Foreign Earned Income Exclusion! This is huge - it lets you exclude up to $128,750 (for 2025) of foreign earned income from US taxation if you meet either the physical presence test or bona fide residence test.
And remember that the FEIE only applies to earned income like salary - not investment income, rental income, etc. You'll still owe US tax on those unless you use foreign tax credits.
I went through this exact situation when I married my Korean spouse! A few additional things to consider that I learned the hard way: If you decide to get your wife an ITIN and file jointly, be prepared for the timeline - it can take 7-11 weeks to get the ITIN, and you might need to file for an extension if you're doing this during tax season. Also, make sure to get certified copies of her passport from the Japanese consulate or use an IRS-authorized Certifying Acceptance Agent in Japan rather than trying to mail original documents. One thing I wish someone had told me: if your wife has any financial accounts in Japan with your name on them (even just as a beneficiary), you might need to report those on Form 8938 (FATCA) in addition to FBAR, depending on the account values. The thresholds are different for overseas residents. Also, since you're planning to move to Japan, start keeping detailed records of your time outside the US now. You'll need this for the Foreign Earned Income Exclusion physical presence test. I use a simple spreadsheet tracking entry/exit dates - it's saved me so much headache come tax time! Good luck with everything, and congratulations on your marriage!
This is incredibly helpful advice, thank you! I had no idea about the Form 8938 requirement - that could have been a nasty surprise. Quick question about the record keeping for the physical presence test: do I need to track partial days too, or just full days outside the US? And when you say "certified copies from the Japanese consulate," do you mean the US consulate in Japan, or can Japanese government offices provide the certification that the IRS accepts? Also, did you end up filing jointly or separately with your Korean spouse? I'm still torn between the two options.
Fatima Al-Sayed
Has anyone used TurboSelf-Employed for tracking these kinds of expenses? My accountant charges me a fortune and I'm wondering if I could DIY with the right software.
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Dylan Hughes
ā¢I switched from TurboSelf to QuickBooks Self-Employed last year and it's way better for expense tracking. It connects to your bank accounts and credit cards, and you can categorize expenses on your phone as they happen. It also calculates quarterly estimated tax payments which was a huge help. More expensive but worth it for me.
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Isabella Tucker
Great question! I've been self-employed for about 5 years now and have dealt with this exact situation multiple times. The key thing to remember is that you can't deduct the value of your time, but you absolutely can deduct legitimate business expenses incurred during client acquisition. Since you mentioned spending 80 hours over two weeks, I'd suggest going back through that period and documenting every actual expense you had. This might include gas/mileage if you drove to meetings, any materials you purchased for the proposal, software subscriptions you used, coffee/meals during client meetings (50% deductible), and even a portion of your home office expenses if you qualify. One thing that helped me was creating a simple spreadsheet to track all expenses by potential client, even when deals don't close. That way I have documentation ready at tax time. The IRS allows these client acquisition costs as ordinary and necessary business expenses on Schedule C, but good record-keeping is essential. Also, since this client did sign the contract, all those expenses are clearly legitimate business costs that led to actual revenue. Make sure to keep copies of your SOW, meeting notes, and any receipts from that period.
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AstroAdventurer
ā¢This is really helpful advice! I'm new to self-employment and honestly had no idea I could deduct things like mileage and home office expenses for client acquisition work. I've been doing freelance graphic design for about 6 months now and spend a lot of time creating custom portfolio pieces and proposals for potential clients. Your spreadsheet idea is brilliant - I've been terrible about tracking expenses because I wasn't sure what counted. Do you have any recommendations for what categories to include? I'm thinking mileage, software subscriptions, printing costs... what else should I be tracking that I might be missing? Also, when you mention "portion of home office expenses" - how do you calculate that if you're working on multiple projects from the same space? Do you allocate based on time spent on each client or is there a different method?
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