


Ask the community...
You're absolutely right about the confusion between ยง6046 and ยง958 - I went through this exact same issue last year. The key insight that helped me was understanding that these serve completely different purposes in the Form 5471 process. ยง6046 attribution rules (including sibling attribution) determine WHETHER you need to file as a Category 3 filer. But once you've established that filing requirement, you switch to ยง958 rules for completing the actual form content. For your Line C reporting, since you only own 6% directly and your brother's 51% isn't attributed to you under ยง958 (no sibling attribution), you'd report just your 6% ownership. This same principle applies throughout most of the schedules. The apparent inconsistency you noticed is intentional - the IRS uses broader attribution rules to cast a wide net for filing requirements, but then uses narrower economic ownership rules for the actual reporting. It's confusing but makes sense once you understand the distinction. One thing to double-check: make sure you're not also a Category 5 filer, though with only 6% direct ownership and no ยง958 attribution from your brother, you should be under the 10% threshold.
This is exactly the clarity I needed! Thank you for breaking down the distinction so clearly. I was getting caught up thinking there had to be one consistent set of rules throughout the entire process, but understanding that ยง6046 is for WHO files and ยง958 is for WHAT gets reported makes perfect sense. You're right about Category 5 - with only 6% direct ownership and no sibling attribution under ยง958, I'm definitely under the 10% threshold. I appreciate you mentioning that double-check since it's easy to overlook when you're focused on the Category 3 requirements. The "wide net for filing, narrow rules for reporting" explanation really helps contextualize why the IRS structured it this way. It ensures they capture all the situations where there might be significant influence or control (through broader family attribution) but then reports the actual economic ownership reality.
This is a really helpful discussion! I've been dealing with a similar situation where I own 8% of a foreign corporation and my sister owns 45%. Reading through all these responses, I finally understand the key distinction that was confusing me too. Just to confirm my understanding: I use ยง6046 attribution rules to determine I'm a Category 3 filer (because my sister's ownership gets attributed to me, putting me over the threshold), but then when I actually fill out Form 5471 and its schedules, I use ยง958 rules which don't include sibling attribution. So on Line C, I'd only report my direct 8% ownership. One follow-up question - does this same logic apply to Schedule M (Foreign Corporation's Current and Accumulated Earnings and Profits)? I'm assuming yes, but want to make sure there aren't any special exceptions for that particular schedule that would require me to go back to ยง6046 attribution rules. The penalties for getting Form 5471 wrong are steep enough that I want to be absolutely certain before filing. Thanks everyone for sharing your experiences and clarifications!
Yes, you've got the logic exactly right! You use ยง6046 attribution to establish your Category 3 filing requirement (sister's 45% gets attributed to you), but then switch to ยง958 rules for completing the actual form content, including Line C where you'd report just your direct 8%. For Schedule M specifically, you're correct that the same logic applies. Schedule M uses ยง958 attribution rules for determining ownership percentages when calculating your share of earnings and profits. This maintains consistency with the rest of the form's reporting approach. The key thing to remember is that once you've established your filing obligation using ยง6046, pretty much everything on the actual form and schedules follows ยง958 rules unless specifically noted otherwise in the instructions. I haven't encountered any exceptions for Schedule M that would require reverting back to ยง6046 attribution. Given the steep penalties you mentioned, it might be worth having a CPA with international tax experience review your completed form before filing, especially since this is such a commonly misunderstood area of the tax code.
Don't forget that the threshold for PayPal to issue a 1099-K changed! For 2024 taxes (filed in 2025), they're required to send 1099-K if you received more than $5,000 in payments for goods and services. It was supposed to drop to $600 but they delayed implementing that lower threshold again. So if you made less than $5k through PayPal, that explains why you didn't get a form from them.
Great advice from everyone here! I'm also doing gig work and learned this the hard way last year. One thing I'd add is to make sure you're setting aside money throughout the year for taxes since no one is withholding for you. I wish someone had told me that self-employment taxes alone would be around 15% on top of regular income tax! Also, if you think you'll owe more than $1,000 in taxes for the year, you might need to make quarterly estimated tax payments to avoid penalties. The IRS has a safe harbor rule where you pay 100% of last year's tax liability (or 90% of current year) divided into four payments. Form 1040-ES has the worksheets to calculate this. It's definitely overwhelming at first, but once you get a system down it becomes much more manageable!
This is such valuable advice about setting aside money for taxes! I'm just starting out with gig work and had no idea about the quarterly payment requirement. When you mention owing more than $1,000 - is that total tax owed or just the amount after any withholding from other jobs? I have a part-time W-2 job too, so I'm wondering if the taxes withheld from that count toward avoiding the penalty for my self-employment income.
As someone who's dealt with similar family gift situations, I'd echo what others have said about keeping it simple. The two-step process (mom's bank โ your bank โ Robinhood) is definitely the way to go. One additional thing to consider - keep a simple record of the gift for your own files. Even just a note with the date, amount, and "gift from mom for investments" can be helpful if you ever need to explain the source of funds later. The IRS rarely questions legitimate family gifts under the annual exclusion limit, but having documentation never hurts. Also, since you mentioned you're new to investing - consider starting with a diversified approach rather than picking individual stocks. Index funds or ETFs can be a great way to get broad market exposure while you're learning. Your mom's generosity is giving you a great head start!
This is really solid advice! I'm definitely going with the two-step transfer approach after reading everyone's responses. The documentation tip is great too - I'll keep a simple record of the gift. You're absolutely right about starting with diversified investing. I was actually planning to put most of it into a broad market ETF like VTI or VOO to start learning. Thanks for the encouragement about this being a good head start - I'm really grateful my mom is helping me get into investing early!
Great question and you're smart to think about this ahead of time! I'd strongly recommend against linking your mom's bank account directly to your Robinhood. Even though the gift itself is perfectly legal, this setup could create unnecessary red flags. Here's what I'd suggest instead: 1. Have your mom transfer the $5,000 to your personal bank account first 2. Then transfer from your bank to Robinhood 3. Keep a simple record noting it was a gift from your mom This creates a clear paper trail and avoids potential compliance issues. Since it's under the $19,000 annual gift exclusion, no tax forms are needed, but having documentation is always smart. Also, since you're just starting out - consider putting most of it into a broad market index fund (like VTI or SPY) rather than individual stocks. It's a great way to learn while getting diversified exposure. Your mom is giving you an awesome head start on building wealth!
This is exactly the kind of clear, step-by-step advice I was looking for! The three-step approach you outlined makes total sense and seems like it'll avoid any potential headaches with compliance systems. I really appreciate the investment advice too. I've been researching VTI and SPY, and starting with broad market exposure definitely seems like the smart move while I'm learning the ropes. Better to get consistent market returns than try to pick winners right out of the gate. Thanks for emphasizing how lucky I am to have this head start - sometimes I take for granted how generous my mom is being. Getting into investing at 24 with her help should really pay off over the long term!
Anyone else notice that H&R Block's interview questions about rental properties are super confusing? I've been using them for 3 years and still get tripped up. I switched to TurboTax this year and their rental section is much clearer IMO.
Great discussion everyone! As someone who's been dealing with rental properties for several years, I can confirm what others have said - the mortgage interest and property taxes for your rental go ONLY on Schedule E, not in the itemized deductions section. The key thing to remember is that rental property expenses are considered business expenses that directly offset your rental income, while the mortgage interest deduction section you're seeing is specifically for personal residences (primary home or vacation home you personally use). One tip that might help: when H&R Block asks about "primary or secondary home" in the deductions section, think of it as asking about homes where YOU live, not homes you rent to others. Your rental property doesn't fit either category because it's an investment property, not a personal residence. You're doing it right by putting everything on Schedule E - don't second-guess yourself!
Isabella Ferreira
Does anyone know if capital loss carryovers expire? I have losses from 2008 that I've been carrying forward for years (had a really bad time in the market crash). Am I supposed to use them by a certain date?
0 coins
Ravi Sharma
โขNope, they don't expire! That's the good news about capital loss carryovers - you can keep carrying them forward indefinitely until they're used up. I've been carrying forward some losses from 2008 too (wasn't that a fun year? ๐ญ). Just make sure you're tracking them correctly each year. The IRS expects you to use them in the proper order, first offsetting capital gains of the same type (short-term losses against short-term gains, long-term against long-term), then offsetting the other type, then up to $3000 against ordinary income, with any remainder carrying forward again.
0 coins
Emma Johnson
This is exactly the kind of situation where perfect shouldn't be the enemy of good! As others have mentioned, a $50 error that doesn't change your tax liability is really minor in the grand scheme of things. I'd recommend keeping detailed records of what you discovered and when you discovered it. Write down the correct numbers and file them with your tax documents. Then when you do your 2023 return, just use the correct carryover amount (including that extra $50 loss). One thing I haven't seen mentioned yet - if you're using tax software for 2023, many programs will actually ask you to verify your capital loss carryover amount and may even flag if the number seems inconsistent with what they expect. This gives you a perfect opportunity to enter the correct amount with documentation of why it differs from your 2022 filing. The IRS really does focus on material errors that affect tax liability. A $50 capital loss correction when you were already at the $3000 limit just isn't going to be on their radar. Save yourself the headache of an amended return and handle it going forward - you'll sleep just fine!
0 coins