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Isaiah, I'm in a very similar boat - green card holder who inherited property in Brazil last year. The stress and confusion you're feeling is totally normal! Here's what I wish someone had told me at the start: **First priority: Get organized with your Portuguese documents NOW.** Start gathering everything - death certificates, property deeds, inheritance acceptance papers, recent appraisals. You'll need certified English translations of all of them, which takes time and isn't cheap (budget around $1,500-2,000 for translation costs). **Don't rush into selling yet.** There are specific timing considerations with both Portuguese inheritance laws and US tax implications. Portugal may have inheritance acceptance deadlines, and the US has "step-up in basis" rules that could affect your capital gains calculation. **For professionals, you really do need both:** A tax attorney first to map out the legal landscape and tax treaty implications, then a CPA to execute the actual filings. I spent about $4,500 total on professional fees, but it saved me an estimated $18,000 in taxes through proper planning. **One thing that caught me off-guard:** You may need to file quarterly estimated tax payments to the US as soon as you sell, depending on the gain amount. Don't wait until next April to think about the tax bill! The Portugal-US tax treaty is actually quite favorable - definitely explore the foreign tax credit provisions. With $320k at stake, investing in proper professional guidance upfront will pay for itself many times over. Feel free to reach out if you want to compare notes as you go through this process!
Liam, this is such valuable advice! The point about quarterly estimated payments is something I hadn't even considered - that could be a huge surprise if I'm not prepared for it. I'm curious about the "step-up in basis" rules you mentioned. Does this mean the property value gets adjusted to the fair market value at the time of inheritance rather than what my grandmother originally paid for it decades ago? That could make a big difference in the capital gains calculation. Also, did you end up needing a lawyer in Brazil to handle the local sale process, or were you able to work through everything remotely? I'm hoping to avoid travel to Portugal if possible, but I'm not sure if that's realistic for a property sale. Thanks for offering to compare notes - I might definitely take you up on that as I navigate this process!
Isaiah, your situation resonates with me as I went through something very similar when I inherited property in Greece as a green card holder. The confusion and stress you're feeling is completely understandable - foreign inheritance can feel overwhelming when you're trying to navigate both countries' legal systems. Based on my experience, here's my practical advice: **Start with a tax attorney who specializes in international taxation, specifically US-Portugal tax issues.** They need to understand the bilateral tax treaty between the two countries, which can significantly impact your tax liability. Don't just hire any tax attorney - make sure they have specific experience with Portuguese property inheritance. **You'll also need a CPA for the execution phase**, but get the legal framework clear first. The tax attorney can map out your obligations, treaty benefits, and timeline requirements, then the CPA can handle the actual filings. **Critical forms you'll likely need:** Form 3520 (foreign inheritance reporting), Form 8938 (foreign asset reporting), FBAR if you have signature authority over Portuguese accounts during the process, and potentially Form 706-NA depending on the total estate value. **Don't underestimate the Portuguese side** - you'll probably need a Portuguese attorney or notary to handle the local inheritance acceptance and property sale process. This can't be rushed and has its own deadlines. **Budget realistically:** I spent about $5,500 total on professional fees (US tax attorney, CPA, and Portuguese lawyer), but it saved me over $20,000 in taxes through proper treaty planning and timing strategies. The Portugal-US tax treaty is actually quite favorable for inheritance situations. With $320k at stake, professional guidance isn't just recommended - it's essential for avoiding costly mistakes. Start gathering and translating all your Portuguese documents now while you're searching for the right professionals. The process takes longer than you'd expect, but proper planning upfront will save you significant money and stress down the road.
Has anyone dealt with the practical aspects of getting ITINs for foreign members? I've found that to be one of the most time-consuming parts of the process.
The ITIN application process is definitely a pain. I recommend using a Certified Acceptance Agent rather than sending original documents to the IRS. The processing time was about 6-8 weeks when we did it last year, but it can vary. Make sure to apply well before tax filing deadlines!
One thing I haven't seen mentioned yet is the potential impact of tax treaties between the US and the foreign corporation's country of residence. If there's a favorable tax treaty in place, it could significantly reduce the branch profits tax rate or potentially eliminate it altogether. The standard branch profits tax is 30%, but many treaties reduce this to 5% or even 0% in some cases. Also, consider the timing of your ownership change carefully. If you make the switch mid-year, you'll need to file both a short-year partnership return (Form 1065) for the period with multiple members AND treat the remainder of the year as a disregarded entity/branch operation. This creates additional complexity and potential for errors. I'd strongly recommend consulting with a tax professional who specializes in international business structures before making this change. The compliance burden and potential penalties for getting foreign-owned entity reporting wrong can be substantial.
Your real estate friends are missing something huge: opportunity cost. When you don't have a mortgage, you have all that cash flow to invest elsewhere. If we assume a $300k mortgage at 4%, you're paying about $12k/year in interest initially. The tax savings might be $2-3k depending on your bracket. So you're spending $12k to save $3k... meanwhile the mortgage-free person has an extra $24k+ (principal + interest) to invest every year! I paid my house off 3 years ago and have put the equivalent of my old mortgage payment into index funds. The growth has far exceeded any tax benefit I would've received.
Thanks everyone for confirming I'm not losing my mind! It's so refreshing to hear from people who understand the actual math behind this. I think what confused me is how confidently people repeat this "mortgage for tax benefits" advice without seeming to understand the basic principle that paying $0 in interest is better than paying interest just to get a partial deduction. We're now investing what would have been our mortgage payment, and the freedom of having no house payment gives us incredible peace of mind. Thanks again for all the responses!
You're absolutely right to trust your instincts here! The mortgage interest deduction is one of the most persistent financial myths out there, and it's frustrating how confidently people repeat it. The math is simple: if you're paying $15,000 in mortgage interest and you're in the 22% tax bracket, you save about $3,300 in taxes. But you still paid $15,000! You're net negative $11,700 compared to paying no interest at all. What makes this even worse is that many people don't even benefit from the mortgage interest deduction anymore. With the standard deduction at $27,700 for married filing jointly in 2023, your total itemized deductions (mortgage interest + state taxes + charitable donations + medical expenses) need to exceed that amount for itemizing to even make sense. I see this misconception all the time in tax season - people genuinely believe they're "making money" on their mortgage interest. Your brother-in-law probably means well, but remember that real estate professionals have a vested interest in people having mortgages. Congratulations on paying off your home! That's a huge accomplishment and you're in a much stronger financial position than people carrying mortgage debt just for a partial tax break.
Don't forget about state requirements! The federal tax treatment as a disregarded entity doesn't necessarily mean your state treats it the same way. Here in California, even single-member LLCs have to pay an $800 annual tax regardless of profit, plus an LLC fee based on gross receipts if over $250,000.
Ugh, California's $800 LLC tax is so ridiculous for small businesses! I moved mine to Wyoming and just registered as a foreign entity doing business in CA. Saved me thousands.
Your cousin is definitely on the right track worrying about deadlines, but she can breathe a little easier! As a single-member LLC, she's considered a "disregarded entity" by the IRS, which means no Form 1065 needed - just Schedule C with her personal return by the April deadline. Even without profit, filing Schedule C is still important because she can deduct business expenses and potentially carry forward any losses to offset future income. Make sure she keeps detailed records of all business expenses like office supplies, equipment, business meals, etc. One thing to watch out for - while federal filing is straightforward with Schedule C, each state has its own LLC requirements. Some states require annual reports or have minimum taxes regardless of profit level. She should check her state's Secretary of State website to make sure she's not missing any state-specific deadlines or filings.
This is really helpful! I'm just starting my own single-member LLC and was getting overwhelmed by all the conflicting information online. The point about state requirements is crucial - I almost forgot to check what my state needs beyond the federal filing. Quick question - when you mention deducting business expenses on Schedule C even without profit, does that include startup costs like legal fees for forming the LLC and initial equipment purchases? Or do those get treated differently?
Aidan Percy
I made little cartoon drawings for my niece when she got her first job! š I'm no artist but stick figures work great. I showed: 1) Her paycheck as a pie with slices being taken out labeled "federal," "state," "Social Security," and "Medicare" 2) Her W-4 form as a "slice controller" that adjusts how much is taken out 3) Tax filing as a "final calculation" where she either gets slices back or owes more She totally got it! Visual learners sometimes need to literally see the money moving around. You could try drawing simple diagrams for your brother.
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Fernanda Marquez
ā¢That sounds super helpful! Any chance you could share pics of those drawings? I'm trying to explain taxes to my teenage son who's starting his first summer job.
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CosmosCaptain
I love all these creative analogies! As someone who works in tax prep during busy season, I see so many people who are terrified of taxes because they think it's this impossibly complex thing. One approach that works really well is the "budgeting backwards" method. I tell beginners to think of taxes like this: imagine you're planning a road trip and need to budget for gas. Throughout the year, your employer estimates how much "gas money" you'll need and sets aside that amount from each paycheck (withholding). At the end of the year, you calculate your actual "gas costs" (tax liability). If they saved too much, you get the extra back (refund). If not enough, you pay the difference. For your brother specifically, I'd recommend he start by just understanding his first pay stub. Have him look at each deduction line by line - federal income tax, state tax, FICA taxes. Once he sees how much is already being taken out, taxes become way less scary because he realizes most of the work is already being done automatically. The key is starting small and building confidence. Don't try to explain everything at once!
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