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This is such helpful information! I'm in a similar situation with a Japanese client and have been putting off dealing with the Form 8802 because it seemed so complicated. Reading through everyone's experiences makes it feel much more manageable. One question I have - when you submit Form 8802, do you need to include copies of your previous tax returns or other supporting documents? Or is just the completed form sufficient? I want to make sure I have everything ready before I submit so I don't get delayed like some of you experienced. Also, for those who successfully got their withholding reduced, did your Japanese clients require any advance notice before they could implement the lower rate? I'm wondering if I should give my client a heads up that this certificate is coming.
Great questions! For Form 8802, you typically don't need to include copies of tax returns with your initial submission - just the completed form and the $85 fee. However, the IRS may request additional documentation during processing if they need to verify your tax compliance status. Regarding advance notice to your Japanese client - yes, definitely give them a heads up! Most Japanese companies need 1-2 months advance notice to process the paperwork on their end and coordinate with their local tax office. They'll also need time to prepare that Japanese "Application Form for Income Tax Convention" that Alice mentioned. I'd recommend reaching out to your client as soon as you submit your Form 8802 to let them know the certificate is coming and ask what their internal process looks like for implementing the reduced withholding rate.
I went through this exact process last year and wanted to add a few practical tips that really helped me. First, when you're filling out Form 8802, make sure to be very specific in Section 6 about your business activities with Japan. Don't just write "consulting" - describe exactly what services you provide because the IRS needs to determine which treaty article applies to your income. Also, keep detailed records of all your Japanese withholding statements (the documents showing the 10.21% withheld). You'll need these for your U.S. tax return to claim foreign tax credits, and having them organized makes the whole process smoother. One thing that surprised me was that my Japanese client's accounting department needed about 6 weeks to update their systems once I provided the Form 6166 certificate. They had to coordinate with their local tax office and update their payroll system. So even after you get your certificate, there might be a delay before you see the reduced withholding in your payments. Just plan for that timing when you're budgeting your cash flow. The whole process was definitely worth it though - going from 10.21% to 0% withholding made a huge difference in my monthly income!
Called the IRS about this exact thing last week. Was on hold for 2.5 hours just to get disconnected š
Had this exact same situation last year! The key thing to remember is that these are two separate review processes that can run parallel. For the 4464, you'll need to verify your identity either online through ID.me or by scheduling an appointment at a Taxpayer Assistance Center. Don't wait on this one - it has strict deadlines. The CP05 income verification will continue its own timeline regardless. Pro tip: once you complete the identity verification, call the number on your CP05 letter to let them know - sometimes it can speed up the income review process since they'll have confirmation you're legit.
This is super helpful! Quick question - when you called the CP05 number after completing identity verification, did you notice any actual speedup in processing? Or was it more just for your peace of mind? I'm dealing with both letters right now and trying to figure out if that extra call is worth the inevitable hold time š
Quick tip: If you filed with a IP PIN make sure it was correct, that was my issue last year when this happened to me
I went through this exact same thing last month! The non-filing letter is actually a good sign - it means the IRS has your return in their system but it's still processing. When I was obsessively checking (guilty as charged lol), I noticed the transcripts typically update Friday mornings around 2-3 AM EST. Pro tip: bookmark the direct transcript page and check it Friday mornings instead of multiple times throughout the week. The system only updates once weekly for most people. Also keep an eye on "Where's My Refund" tool - sometimes that updates before the transcript does. Hang in there, you should see movement soon! š¤
Have you tried running your return through a second tax software just to double check? I always do mine on both TurboTax and FreeTaxUSA. They're usually within a few dollars of each other, and it gives me confidence that the calculations are correct. It only takes about 30-45 minutes to enter everything into the second system once you've already gathered all your documents.
Your situation sounds very similar to what I experienced two years ago! I had gotten married, bought a house, and had a baby all in the same year. My refund jumped from around $2,000 to over $9,000 and I was absolutely terrified I had made a mistake somewhere. Here's what I learned: major life changes really can cause dramatic swings in your tax situation. The child tax credit ($2,000), mortgage interest deduction (especially in your first year when you're paying mostly interest), and education credits can add up quickly. Plus, if you had multiple employers with different withholding rates, you very well could have overpaid throughout the year. I'd strongly recommend having a tax professional review your return before filing, especially given the amount involved. Many CPAs will do a quick review for $100-200, which is a small price to pay for peace of mind on a $12,000 refund. They can spot common errors that software might miss and explain exactly why your refund is so high. Don't let fear keep you from filing though - if you're entitled to that refund, you deserve to get it! Just make sure everything is accurate first.
This is really reassuring to hear from someone who went through something similar! Did you end up getting that CPA review you mentioned? I'm curious if they found any issues or if your software calculations were actually correct. Also, when you filed that $9,000 return, did the IRS process it normally or did it trigger any additional review? I'm trying to gauge whether a large refund automatically flags returns for extra scrutiny.
Ethan Clark
Don't forget about FATCA and FBAR requirements! When you have financial accounts outside the US exceeding certain thresholds, you need to report them. FBAR (FinCEN Form 114) is required if your foreign accounts exceed $10,000 at any point during the year, and FATCA forms are required at various thresholds depending on your filing status. The penalties for not filing these forms are CRAZY high even if you don't owe any tax. Like, $10,000+ for non-willful violations. Make sure you're tracking all your NZ bank accounts, including any business accounts for that B&B venture.
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StarStrider
ā¢This is so true. My friend got hit with a $12,500 penalty for missing FBAR filings for 3 years while living in Australia. She didn't even know about the requirement and wasn't trying to hide anything - she paid all her taxes correctly! The reporting requirements are completely separate from tax liability.
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Leila Haddad
Just wanted to add another perspective on the business structure aspect. Since your wife would be the owner of the B&B as a NZ citizen, you'll also need to consider whether this creates any issues with US gift tax rules if you're contributing funds to a business you don't legally own. Also, regarding the rental property in the US - even if you're breaking even cashflow-wise, don't forget that you'll be taking depreciation deductions which will reduce your basis. When you eventually sell, you'll have depreciation recapture to deal with, which is taxed as ordinary income up to 25%. This could create a significant tax bill down the road that many people don't anticipate. One more thing to research: NZ has something called the "bright-line test" for property investments, which could affect the tax treatment of your B&B if you sell within a certain timeframe. Since you're planning to reinvest profits initially, this might not be immediate concern, but it's worth understanding for long-term planning. The international tax situation is definitely complex, but with proper planning and the right resources, it's totally manageable. Good luck with the move!
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Charlotte White
ā¢This is exactly the kind of detailed analysis I was hoping to find! The gift tax implications of contributing to a business I don't own is something I hadn't even considered. Would structuring it as a loan to my wife potentially avoid those issues, or would that create other complications? Also, the depreciation recapture point is really important - I was only thinking about the annual cash flow but you're right that the tax implications when we eventually sell could be substantial. Do you know if there are any strategies to minimize that impact, like 1031 exchanges for rental properties owned by expats? Thanks for mentioning the NZ bright-line test too. It sounds like there are tax implications on both sides that could really add up if we're not careful with the planning.
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Jamal Brown
ā¢Great questions! For the gift tax issue, structuring contributions as a loan could help, but you'd need to document it properly with formal loan agreements, market interest rates, and actual repayment terms. The IRS scrutinizes loans between spouses, especially when one spouse owns a business the other is funding. Regarding 1031 exchanges for expats - this gets tricky. You can still do like-kind exchanges, but the timing requirements (45-day identification, 180-day completion) become much harder to manage from abroad. Plus, if you're a NZ tax resident, NZ might not recognize the tax deferral and could tax the gain immediately, defeating part of the purpose. For depreciation recapture, one strategy is installment sales if you owner-finance the buyer, which spreads the recapture over multiple years. Another option is converting to your primary residence before sale (though you'd need to meet the 2-out-of-5-years test while abroad, which has its own complications). The NZ bright-line test is currently 10 years for most investment properties, so definitely factor that into your long-term planning. Between US depreciation recapture and potential NZ bright-line tax, the timing of any property sales becomes really important.
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