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Ask the community...

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  • DO NOT post call problems here - there is a support tab at the top for that :)

Zoe Wang

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Does anyone know if the 15% min tax applies to private companies too or just publicly traded ones? My family has ownership in a large private manufacturing business and I'm trying to figure out if this would impact us.

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It applies to any corporation with average annual adjusted financial statement income over $1 billion for three consecutive tax years, regardless of whether they're public or private. But there are some special rules for companies under common control and corporations that have been in existence for less than 3 years.

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GalaxyGlider

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Thanks for all these insights! As someone who works in corporate finance, I wanted to add that companies are also looking at their international structures more carefully now. Since the minimum tax is based on consolidated financial statement income, multinational corporations can't just shift profits to low-tax jurisdictions to avoid it like they could with regular corporate tax. However, there are some nuances around foreign tax credits that create planning opportunities. Companies with significant foreign operations might restructure how they organize their international subsidiaries to optimize the interaction between the minimum tax and foreign tax credit limitations. Also worth noting - the IRS is still working on final regulations for implementation, so some of the finer details are still being hammered out. Companies are having to make strategic decisions based on proposed guidance that could still change.

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Emma Johnson

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Has anyone formed an LLC in New Mexico? I've heard good things about their privacy laws and low fees, which seem important for expats.

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Liam Brown

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I formed my LLC in New Mexico while living in Thailand. The privacy is good (similar to Wyoming), and annual fees are low ($0 annual report fee). The problem came with banking - many banks weren't familiar with New Mexico LLCs and their privacy features, which made opening accounts harder. I eventually switched to Wyoming because it had better name recognition with financial institutions. If banking isn't a concern though, New Mexico is solid.

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KhalilStar

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As someone who went through this exact process two years ago while living in Portugal, I'd strongly recommend Wyoming for your situation. The combination of strong privacy protections, low annual fees ($60), and no state income tax makes it ideal for expats running online businesses. A few practical tips from my experience: 1. Don't worry about matching your driver's license state - choose based on business benefits, not past connections 2. Use Northwest Registered Agent or similar for your registered agent service - they're reliable and expat-friendly 3. For banking, I had success with Relay Financial and Mercury - both are online-first and work well with foreign addresses 4. Keep detailed records of your foreign residency (lease agreements, utility bills, etc.) as this will be important for tax purposes One thing to consider: since you're serving US clients, make sure you understand the tax implications. Even with a Wyoming LLC, you'll still need to file US federal taxes as a citizen, and depending on your income level, you might benefit from the Foreign Earned Income Exclusion. The key is getting everything set up properly from the start - it's much easier than trying to fix issues later when you're dealing with international time zones and communication barriers.

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This is exactly the kind of detailed advice I was hoping for! Quick question about the Foreign Earned Income Exclusion - does that apply to LLC income or just W2/employment income? I'm planning to pay myself through the LLC but wasn't sure if consulting income through an LLC would qualify for the exclusion. Also, have you had any issues with Portuguese tax authorities regarding your US LLC income?

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Ethan Taylor

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Great question about the FEIE! For single-member LLCs, the income is typically treated as self-employment income and reported on Schedule C, which can qualify for the Foreign Earned Income Exclusion as long as you meet either the physical presence test (330 days outside the US in a 12-month period) or the bona fide residence test. However, there's an important caveat - if your LLC income is considered "passive" rather than "earned" income, it might not qualify. Since you're doing consulting work, that should definitely count as earned income from your personal services. Regarding Portugal - yes, I do have to report my US LLC income to Portuguese tax authorities since I'm a tax resident here. Portugal has a tax treaty with the US that helps prevent double taxation, but I still need to file in both countries. The good news is that Portugal has the NHR (Non-Habitual Resident) program which can provide significant tax benefits for certain types of foreign income during your first 10 years of residency. I'd strongly recommend consulting with a tax professional who specializes in US-Portugal tax issues - the interaction between LLC taxation, FEIE, and Portuguese tax law can get complex quickly. The investment in proper tax advice upfront will save you headaches later.

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Javier Cruz

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I had a similar nightmare with a different tax prep company a couple years ago. They messed up my state return so badly that I ended up owing penalties. What really helped me was filing complaints with multiple agencies at once - I hit the Better Business Bureau, my state's Department of Revenue, and the IRS Preparer Complaint form (it's on their website). The key thing that worked for me was being very specific about the financial impact of their errors in each complaint. Don't just say "they made mistakes" - quantify it. Like "their error cost me $X in penalties" or "I'm losing $Y in interest because my refund is delayed 8 weeks due to their bank account error." Also, if they're PTIN registered (which they should be), you can file a complaint directly with the IRS Office of Professional Responsibility. That one actually carries some weight because it can affect their ability to prepare taxes professionally. Document everything going forward and don't let them gaslight you into thinking this is normal. A competent tax preparer should catch education credits automatically and definitely shouldn't be making data entry errors on bank account numbers. You deserve better service, especially when you're paying for it!

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Mei Chen

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This is incredibly helpful information! I didn't realize there were so many different places to file complaints. The tip about quantifying the financial impact is especially good - I was just planning to say they made "mistakes" but you're right that being specific about the actual dollar amounts will probably get more attention. Do you happen to know if there's a time limit on filing these complaints? My tax situation happened back in February/March, so I'm wondering if I've waited too long to file with some of these agencies. Also, did you end up getting any compensation from the company that messed up your taxes, or was it more about preventing them from doing it to others? I'm definitely going to look up their PTIN number and file with the IRS Office of Professional Responsibility - that sounds like it could actually have some real consequences for them.

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I'm really sorry to hear about your awful experience with US Tax Files LLC. Unfortunately, this kind of negligence seems to be becoming more common with some of these tax prep services. One thing I'd add to the excellent advice already given - make sure you get copies of EVERYTHING they filed on your behalf. You'll need the complete return (not just the summary) to properly file that amended return for the education credit. If they're being difficult about providing copies, remind them that legally they have to give you copies of all documents they prepared for you. Also, when you're dealing with the IRS about the direct deposit error, ask them to put a note on your account about the preparer error. This can help if there are any delays or additional issues down the line - it creates an official record that the mistake wasn't on your end. For what it's worth, I switched to doing my own taxes using software after a similar experience a few years back. It takes a bit more time upfront to learn the software, but I sleep better knowing I'm not trusting someone else with something so important. Plus most of the good software programs will catch common credits and deductions automatically. Hope you get this sorted out quickly!

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I'm thinking you might be running into the "testing period" requirement that goes along with the last month rule. Even though you were HSA-eligible all year, if you use the last month rule (basing contributions on your December status), you have to remain HSA-eligible through the end of the FOLLOWING year (12/31/2023 in your case). If you failed the testing period in 2023, you'd have to include the "excess" contributions in your income AND pay a 10% additional tax. Maybe your tax software is detecting that you didn't remain eligible through all of 2023?

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That's an interesting point I hadn't considered! We did actually change insurance again in March 2023 when I got a new job with better coverage, but it's still an HDHP that's HSA-eligible. Would that still count as maintaining eligibility for the testing period, or does it have to be the exact same plan?

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As long as your new coverage in 2023 still qualifies as an HDHP and you remained HSA-eligible, you should be fine for the testing period. It doesn't have to be the same exact plan - you just need to maintain HSA eligibility through December 31, 2023. If your new job's plan is HSA-eligible, you should be meeting the testing period requirements. Maybe double-check that the new plan truly meets all the HDHP requirements (minimum deductible, maximum out-of-pocket, etc.) to ensure it qualifies.

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Just a practical tip that helped me with a similar issue - you might want to call your HSA providers directly. My husband and I ran into this exact problem, and our HSA bank had a dedicated tax specialist who explained that we needed to "recharacterize" some of the contributions between our accounts to avoid the penalty. They were able to do this even after the tax year had ended as long as it was before the tax filing deadline. They literally moved some money from my HSA to my husband's HSA and updated the contribution forms. Super easy fix that the tax software couldn't figure out!

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Yara Nassar

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Does this actually work? I thought once the money was in your HSA, you couldn't move it to someone else's account, even your spouse's. Wouldn't that count as a distribution and then a new contribution?

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You're absolutely right to question this - you actually CAN'T directly transfer money between spouses' HSAs. What the HSA provider likely helped with was a "recharacterization" of excess contributions, which is different from a transfer. Here's how it works: If you over-contributed to your HSA, you can remove the excess contribution plus any earnings before the tax filing deadline and treat it as if it was never contributed. Then your spouse could make a new contribution to their HSA (assuming they haven't maxed out their limit). So it's not actually moving money between accounts - it's removing an excess contribution from one account and making a fresh contribution to the other. The net effect looks like a transfer, but technically it's two separate transactions that keep everything IRS-compliant.

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Brady Clean

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One thing no one mentions about these energy tax credits - make sure you keep EVERY piece of documentation! I got audited last year specifically about an energy credit I claimed. Had to provide the manufacturer's certification statement, detailed receipt showing itemized costs (not just the total), and proof the installation met local building code requirements. The credit is great, but be prepared for the possibility that the IRS might want proof that your heat pump installation legitimately qualified. Take pictures during installation too if you can.

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Skylar Neal

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Did you use a tax pro to help with the audit or did you handle it yourself? I'm nervous about claiming these credits because I don't want to trigger extra IRS attention.

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Brady Clean

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I handled it myself since I had all the documentation ready. The key was having the manufacturer's certification statement showing the heat pump met the efficiency requirements and the itemized receipt from my contractor. If you're worried, I'd recommend creating a folder (physical or digital) specifically for your energy credit documentation. Include the product details with efficiency ratings, contractor certification, receipt, and maybe even photos of the installed unit with its model number visible. With everything properly documented, it was actually a straightforward process to respond to the audit request.

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Another thing to watch out for is the annual limits on these credits. For the home energy improvements (like heat pumps), you're looking at a $2,000 annual limit for the heat pump itself. If you're doing other energy improvements in the same year (like insulation, windows, etc), those have separate limits. You might want to consider splitting installations across tax years if you're doing multiple improvements to maximize your credits. I did my heat pump last year and I'm doing my windows this year to get the most out of it.

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Kelsey Chin

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Are you sure about splitting across years being better? I thought there was a lifetime limit to these credits, not just annual.

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The Inflation Reduction Act actually removed the lifetime limits that existed under the old energy credit system! Under the current rules, the $2,000 annual limit for heat pumps resets each year, so you could theoretically claim it multiple times if you install qualifying equipment in different years. However, you're right to think about timing strategically. If you're doing multiple improvements, you want to make sure you can use all the credits. Since these are non-refundable credits, you need enough tax liability each year to absorb them. Vincent's approach of spreading installations across years makes sense if your annual tax liability is limited. For most people though, if you have sufficient tax liability, there's no advantage to waiting - you might as well get the improvements done and claim the credits as soon as possible.

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