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Ask the community...

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Jamal Harris

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One important thing nobody mentioned: Even with an ITIN, as a non-resident alien, you should look into filing a 1040-NR (Non-Resident) tax return for any US-source income, including that property sale. Just having an ITIN doesn't fix everything - you still need to file the right forms. Also, if the money you're transferring from your home country was already taxed there, make sure you keep documentation proving the source. Large transfers get reported by banks via FinCEN, but that doesn't automatically make them taxable.

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GalaxyGlider

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Is there a minimum amount that triggers the FinCEN reporting? I transfer money between my Canadian and US accounts pretty regularly.

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As someone who went through a similar situation as a non-resident, I'd strongly recommend getting that ITIN before you receive the $31,500 payment. The application process can take 6-11 weeks, so don't wait. A few key points from my experience: **On the $31,500 payment:** Yes, your US bank will likely report this to the IRS, especially if it's from a US source or if it triggers any reporting thresholds. Having an ITIN ensures proper tax identification when this gets reported. **On property sale timing:** Don't rush to sell before marriage just for tax purposes. The FIRPTA withholding (15% of gross sales price) applies regardless of when you sell. However, being married to a US citizen might give you more options for how you file and potentially better treatment of capital gains. **On international transfers:** There's no limit that makes transfers "income" - it depends on the source. Money you've already earned and paid taxes on in your home country isn't US taxable income just because you move it to a US account. Just keep good documentation showing the source of funds. **Practical tip:** Consider consulting with a tax professional who specializes in international taxation before making any major moves. The interplay between non-resident status, property ownership, and potential future residency can be complex. Get that ITIN application started now - you'll need it for the property sale anyway, and it's better to have it ready than to be scrambling later.

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I think everyone's overthinking this. I've been getting Zelle payments well over the $600 threshold for years (roommates, family help, trip planning where friends send me their portion, etc) and I've never reported it. Nothing has ever happened. The IRS is looking for business income, not you and your roommates splitting the electric bill. They don't have the resources to audit millions of people over personal payment app usage. Just use common sense - if you're making actual income through Zelle (selling stuff regularly, getting paid for services), report it. If it's just money passing through your account where you don't make a profit, don't worry about it.

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Ava Harris

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This is exactly how people get in trouble with the IRS. Just because you haven't been caught doesn't mean you're doing it right. The IRS can go back several years for audits, and the penalties and interest add up fast if they determine you've been underreporting. Not saying personal transfers need to be reported (they don't), but giving advice based on "I haven't been caught yet" is super risky.

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Carmen Ruiz

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Just to add my perspective as someone who went through this confusion last year - the distinction everyone is making between personal and business transactions is absolutely key. I was in a very similar situation to you, Emma. I help friends with tech stuff and they reimburse me for parts through Zelle. I also coordinate group trips where people send me money for hotels and activities. My total Zelle receipts were probably around $8,000 last year. What helped me was keeping detailed records with descriptions of each transaction. When tax time came, it was clear that 99% of it was either reimbursements (where I spent my own money first) or personal transfers. The only thing I actually reported was about $400 where I sold some old computer parts I wasn't using anymore - that was actual income since it was profit. For your computer building hobby, as long as you're truly just getting reimbursed for parts at cost and not charging for labor, you're fine. The IRS understands the difference between income and reimbursement. Just keep your receipts for the parts you buy in case you ever need to show the transactions were cost reimbursements. The peace of mind is worth the simple record keeping!

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GalaxyGlider

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This is really helpful advice! I'm in a similar boat with organizing group events and getting reimbursed through Zelle. Your point about keeping detailed records makes total sense - I've been pretty casual about tracking these transactions but I can see how having receipts and descriptions would provide peace of mind. Quick question about the computer parts situation - when you sold your old parts for $400, did you have to figure out what you originally paid for them to calculate the actual profit? Or did you just report the full $400 as income? I have some old gaming equipment I might sell and want to make sure I handle it correctly. Thanks for sharing your experience - it's reassuring to hear from someone who actually went through this process!

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Asset Sale vs. Equity Sale: What's Better for Taxes When Selling My Business?

I'm in the process of selling my manufacturing business (set up as a C corp) and could use some advice on structuring the sale to minimize tax impacts. I've been the sole owner for 15 years and while I'll probably stick around for a year or so after the sale to help with transition, I want to make sure I'm making smart tax decisions now. From what I've researched, there seem to be two main options: 1. Asset Sale 2. Equity Sale It looks like as the seller, I'd benefit more from an equity sale to get capital gains treatment. But the potential buyers seem to be pushing for an asset sale, presumably because: - They get a step-up in basis on assets - They avoid inheriting any hidden liabilities or potential lawsuits Am I understanding this correctly? If I end up going with the asset sale structure they want, what should I expect tax-wise? Is it basically just allocating the purchase price across different assets with the remainder going to Goodwill? Some other questions I have: - Are there ways to roll the proceeds into something more tax-efficient rather than just putting it in a bank or investment account? - What about the money currently in the company accounts (around $800K)? Is that part of the sale, or can I distribute it beforehand? Or should I reinvest it? We have substantial assets in specialized metalworking equipment and inventory worth approximately $4.1 million, so I want to make sure I'm not missing anything important. Thanks for any insight you can provide!

Has anyone mentioned installment sales yet? When I sold my distribution business, I negotiated for 35% upfront and the rest paid over 3 years. This spread out my tax liability and actually kept me in a lower bracket each year. The buyer wasn't thrilled initially but I offered a slight discount on the total purchase price in exchange for the payment terms. Make sure to get security though - I required a lien on the business assets until full payment.

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Ava Johnson

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The problem with installment sales is the buyer could run the business into the ground and then you're stuck with worthless payments. My cousin did this and only got about 60% of what he was owed because the new owners totally mismanaged everything. Better to take the money upfront and pay the taxes IMO.

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Ethan Davis

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This is exactly why proper due diligence and security structures are crucial in installment sales. In my experience helping clients structure these deals, you can mitigate most of the risk through: 1. **Personal guarantees** from the buyers (especially if they're individuals or small entities) 2. **UCC liens** on all business assets until final payment 3. **Escrow arrangements** for a portion of the deferred payments 4. **Performance covenants** that require maintaining certain financial ratios 5. **Acceleration clauses** if they miss payments or breach covenants The tax benefits can be substantial - especially for someone like Mei with a $4M+ deal. Even if you discount the total price by 5-10% to get installment terms, you could still come out ahead after taxes if it keeps you in lower brackets or helps with other tax planning strategies. That said, you're absolutely right that cash upfront eliminates collection risk entirely. It really comes down to your risk tolerance, the creditworthiness of the buyers, and how much the tax savings would be worth to you. With proper legal structure though, installment sales can work well for both parties.

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This is really helpful information about structuring installment sales safely! I'm curious about the UCC liens - how exactly do those work when the buyer needs to operate the business day-to-day? Can they still buy/sell inventory and equipment normally, or does that require the seller's approval for each transaction? And what happens if they want to expand or upgrade equipment during the payment period?

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Joy Olmedo

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Another approach nobody's mentioned yet is charitable remainder trusts. I sold my software company in 2022 and put a portion of my shares into a CRT before the sale. I avoided immediate capital gains tax on that portion, got a nice charitable deduction, and still receive income from the trust for the next 20 years!

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Isaiah Cross

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Interesting! Do you mind sharing roughly what percentage of your overall sale you put into the CRT? And did you work with a specialized attorney to set this up or was it something more straightforward?

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Manny Lark

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Great question about minimizing taxes on your business sale! I went through this exact situation 18 months ago with my digital marketing agency (sold for $2.1M). Here are the key strategies that saved me significant money: **Timing is everything** - I pushed my sale to January to reset my tax year and spread some income recognition. Also considered my other income sources that year to manage overall tax brackets. **Asset vs Stock Sale Structure** - This was huge for me. We structured it as an asset sale which allowed me to allocate purchase price to different assets (goodwill, customer lists, equipment, etc.) with varying tax treatments. Some were capital gains, others ordinary income, but the overall effective rate was much better. **Earnout provisions** - Part of my deal was structured as an earnout over 3 years based on performance metrics. This spread the tax liability and kept me in lower brackets each year rather than one massive hit. **State tax planning** - I actually temporarily relocated to a no-capital-gains-tax state (Nevada) for the sale year. This alone saved me about $140K in state taxes. Obviously verify this works for your situation and follow all residency requirements. Definitely get a tax attorney who specializes in business sales, not just a regular CPA. The specialized knowledge pays for itself many times over. Feel free to ask if you want more details on any of these strategies!

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Ruby Knight

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This is incredibly detailed - thank you! I'm particularly interested in the state tax relocation strategy you mentioned. How long did you need to establish residency in Nevada before the sale? And did you have to actually move your business operations there too, or just your personal residency? I'm in California right now so the state tax savings could be massive for me, but I want to make sure I do it correctly to avoid any issues with the state tax authorities.

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Don't forget to consider state taxes too! While the federal treatment might be non-taxable, Minnesota might have different rules for disability settlements. When I had a similar situation in Illinois, the federal government didn't tax my settlement but the state wanted their cut. Check with the Minnesota Department of Revenue or a local tax professional familiar with state-specific rules.

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This is good advice. I'm a Minnesota resident and had a workers comp settlement (different but similar tax situation) last year. Minnesota generally follows federal tax treatment for disability benefits, so if it's not taxable federally, it likely won't be for state either. But definitely worth confirming with a local tax pro!

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I'm dealing with a very similar situation right now with a different insurance company. One thing I learned from my attorney is that you should get a detailed breakdown of the settlement amount in writing that specifically categorizes each component - back benefits, attorney fees, any interest or penalties, and the debt forgiveness portion. This documentation will be crucial for tax purposes and also for protecting your SSDI eligibility. The categorization helps show that the bulk of the settlement is just replacement of benefits you should have received anyway, not new income. Also, regarding the trust - make sure you set that up BEFORE the settlement funds hit your personal account if possible. Having a large lump sum in your account, even temporarily, could potentially impact SSDI eligibility depending on the timing of their reviews. Some attorneys can arrange for the settlement to be paid directly into a properly structured special needs trust. The fact that your attorney mentioned it's probably not taxable is encouraging, but definitely get that professional tax opinion before the money arrives. Better to spend a few hundred on proper advice now than deal with IRS issues later.

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This is really helpful advice about getting the detailed breakdown! I hadn't thought about the timing issue with the trust setup. Is it possible to have the settlement paid directly into a trust even if it hasn't been fully established yet? Our attorney mentioned it would take a few weeks to get everything properly set up, but the settlement might be ready before then. I'm worried about that gap period where the money would have to sit in our personal account.

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