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Talia Klein

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This is such a smart approach to teaching your kids about work and saving! I went through something similar with my landscaping business and my two sons. One thing I'd add that hasn't been mentioned yet - make sure you're paying them at least minimum wage for your state. The IRS will scrutinize family arrangements, and paying below minimum wage could trigger questions about whether it's a legitimate employment relationship or just an allowance disguised as wages. Also, consider having them open their own business bank accounts to deposit their paychecks. It creates a clear paper trail and teaches them banking responsibility. My boys loved seeing their money grow in their accounts, and it made the Roth IRA conversations much more meaningful when they could see their actual earned income. The documentation aspect can't be overstated - I keep a simple spreadsheet with dates, hours, specific tasks completed, and even photos of their work. Makes tax time much smoother and gives you confidence if any questions ever come up.

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Ryder Ross

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This is really helpful advice! The minimum wage point is something I hadn't fully considered. I was thinking about paying them based on the value of the work, but you're right that it needs to meet wage requirements too. The separate bank accounts idea is brilliant - it would definitely help establish that legitimate employer-employee relationship and teach them financial responsibility at the same time. Did you have any issues with banks when opening accounts for minors, or was it pretty straightforward with you as the parent? And I love the photo documentation approach! That seems like it would make record-keeping much more concrete and defensible. Thanks for sharing your real-world experience with this!

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Omar Fawzi

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Great question! I actually went through this exact situation last year with my property management business. You're on the right track with wanting to hire your kids, but definitely go the employee route rather than 1099 contractors - the IRS is very particular about legitimate contractor relationships, and with family members doing directed work, it's much safer to treat them as employees. A few practical tips from my experience: Make sure you have them fill out I-9 forms and W-4s just like any other employee, even though they're your kids. Keep detailed time logs - I use a simple app where they clock in/out with photos of the work site. For the types of tasks you mentioned (painting, cleaning, landscaping), those are perfect for teens and generally allowed under child labor laws. The Roth IRA strategy is fantastic! Since they'll likely be in the 0% tax bracket with $3,000 annual income, they can essentially get tax-free money into retirement accounts that will compound for 50+ years. Just remember they can only contribute up to their actual earned income, so if one kid earns $2,000, that's their max Roth contribution for the year. One last thing - consider having them complete basic safety training for any tools they'll use. It shows you're treating this as a legitimate business operation and helps protect everyone involved.

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Andre Dupont

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This is incredibly thorough advice, thank you! The I-9 and W-4 forms point is something I completely overlooked - I was so focused on the tax advantages that I forgot about the basic employment paperwork requirements. The clock-in app with photos sounds perfect for creating that documented trail everyone's been mentioning. Do you have a specific app recommendation, or just any basic time tracking app with photo capability? And you're absolutely right about the safety training - that's not only smart from a liability perspective but also shows I'm treating this as a real business operation rather than just paying my kids for chores. Plus it's probably good life skills for them anyway! The 0% tax bracket insight is really encouraging. It makes the whole Roth IRA strategy even more attractive when you think about decades of tax-free growth starting from their teen years. Thanks for sharing your real-world experience with this setup!

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Brady Clean

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This is such a helpful thread! I'm dealing with a similar situation where my family's construction business has a multi-member LLC that owns two single-member LLCs (one for residential, one for commercial work). Based on everyone's input here, it sounds like we've been overcomplicating things by preparing separate books for potential separate filings. The confirmation that everything consolidates onto one 1065 is exactly what I needed to hear. One question though - when you're consolidating the income and expenses from both SMLLCs onto the 1065, do you need to use specific line items or schedules to show the different business activities? Or does it all just get lumped together as partnership income/expenses regardless of which SMLLC generated it?

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Ava Thompson

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Great question! For the 1065 filing, you typically don't need to separate the income and expenses by individual SMLLC - it all gets consolidated as partnership income and expenses. The IRS doesn't require you to distinguish between which disregarded entity generated what income on the tax return itself. However, if your residential and commercial activities are significantly different types of business operations, you might want to consider whether they should be reported under different business activity codes or if any special industry-specific forms apply. But for most construction businesses doing both residential and commercial work, it would all flow through the standard partnership income/expense lines. The key is maintaining good internal records (which it sounds like you're already doing) so you can track profitability by division for business management purposes, even though tax reporting is simplified into one return.

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This thread has been incredibly helpful! I'm in a similar boat with my landscaping business - we have a multi-member LLC that owns two SMLLCs (one for lawn care, one for hardscaping). I've been stressing about this for weeks because my previous accountant moved and the new one I consulted gave me conflicting advice about whether I needed three separate 1065s. Reading through all these responses, especially the confirmation from actual IRS agents that some folks were able to reach, gives me confidence that we only need the one consolidated 1065. The tip about maintaining separate bank accounts even though they're disregarded entities is gold - we already do this but I was wondering if it was necessary. Sounds like it makes the consolidated filing much cleaner when everything is properly separated on the books even if it all flows to one tax return. Thanks everyone for sharing your experiences. This community is such a valuable resource for navigating these complex business structures!

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Angelica Smith

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I'm so glad this thread helped clarify things for you! I was in almost the exact same situation a few months ago with my property management business - multi-member LLC with three SMLLCs for different property types. The conflicting advice from different accountants was driving me crazy too. One thing I learned through this process is that many accountants default to the "safer" approach of separate filings because they're not as familiar with disregarded entity rules, especially when it comes to more complex structures. But the IRS guidance is actually pretty clear once you dig into it. Your setup with separate banking is perfect - it'll make that consolidated 1065 so much easier to prepare and will keep you organized if you ever need to provide documentation to the IRS or for any business purposes. Best of luck with your filing!

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Are there ACTUALLY legitimate exemptions for filing Form 8621 for PFICs?

I recently found myself in a frustrating situation with my investments. I'm a US taxpayer (qualify through the substantial presence test for 2024) but now living back in my home country of Australia. Back in August, I invested about $65 in some foreign mutual funds through my local broker. I had no idea about the whole PFIC nightmare until I started looking into my tax obligations. Now I'm dealing with this Form 8621 requirement and it seems ridiculously complicated for such a small investment. I've been trying to make sense of the IRS instructions for Form 8621, which mentions something about a "$25,000 exception" on the last day of the tax year and not receiving excess distributions or recognizing gain on sale. The specific text says: "A shareholder is not required to complete Part I with respect to a specific section 1291 fund if the shareholder meets the $25,000 exception on the last day of the shareholder's tax year and the shareholder does not receive an excess distribution from, or recognize gain on the sale or disposition of the stock of, the section 1291 fund." But this seems to only exempt me from Part I of the form, not the entire thing? I'm confused because some people online claim there are exemptions, but the actual IRS instructions don't seem to fully back that up. So my questions are: 1. Am I understanding correctly that I still need to file Form 8621 even though my investment is well below $25,000? 2. Would it make more sense to just sell these funds now and pay whatever tax hits me (even if it's 50% of $65), or should I hold them through the year to avoid excess distributions (though I can't control if they issue dividends)? 3. Has anyone here filed this form before and can recommend a CPA who specializes in cross-border taxation, particularly with PFICs? This form looks way beyond my capabilities. Thanks for any guidance - this whole PFIC situation seems like massive overkill for such a tiny investment.

Connor Murphy

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I went through almost the exact same situation last year with a small foreign fund investment that I had no idea would create such a tax nightmare. After lots of research and consulting with a tax professional, here's what I learned: You're correct that the $25,000 exemption applies to the ENTIRE Form 8621, not just Part I. The key is in Treasury Regulation 1.1298-1(c)(2) which provides complete relief from filing if you meet all the criteria. For your $65 investment, assuming you haven't received any distributions or sold any shares, you should qualify for the complete exemption. Just make sure to document this decision in case you're ever questioned. My advice? If you're planning to continue investing internationally, consider switching to US-domiciled international funds (like VTI or VXUS) to avoid future PFIC headaches entirely. The reporting requirements are so disproportionate to small investments that it's often not worth the hassle. Also, keep detailed records of your investment amounts and any distributions (or lack thereof) to support your exemption claim. The IRS burden of proof is on you to show why you didn't file if they ever ask.

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Sean O'Connor

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This is incredibly helpful advice, thank you! I'm definitely leaning toward just documenting my exemption claim and avoiding the Form 8621 filing altogether given the small amount involved. Your point about switching to US-domiciled international funds is spot on - I had no idea this PFIC nightmare existed when I made the investment. It seems like such a basic thing that should be more widely known among expats and international investors. One quick question - when you say "document this decision," what specific documentation would you recommend keeping? Just a simple written note explaining why I believe I qualify for the exemption, or something more formal? And do you know if there's any statute of limitations on how long the IRS could potentially question a decision not to file Form 8621 based on the exemption?

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Landon Morgan

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I've been dealing with PFIC reporting for several years now, and I want to emphasize something important that hasn't been fully addressed here - the documentation piece is absolutely critical. When claiming the $25,000 exemption, you should keep a formal written memo in your tax files explaining: 1. The total value of all PFIC investments on the last day of your tax year 2. A statement that you received no excess distributions 3. A statement that you recognized no gains from sales/dispositions 4. The specific regulation you're relying on (Treasury Reg 1.1298-1(c)(2)) 5. Copies of year-end statements showing investment values Regarding the statute of limitations - generally it's 3 years from when you file your return, but it can be extended to 6 years if the IRS believes you understated income by more than 25%. For PFIC issues specifically, some practitioners argue there's no statute of limitations if you don't file the required forms, though this is debated. One more critical point: Make sure your foreign funds are actually PFICs before stressing about this. Not all foreign mutual funds qualify as PFICs - they need to meet specific income or asset tests. Sometimes what looks like a PFIC nightmare turns out to be a non-issue because the fund doesn't actually meet the PFIC definition. I'd recommend having a qualified international tax professional review your specific situation at least once, even if just for peace of mind. The cost is usually far less than the stress of wondering if you're compliant.

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Paolo Conti

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This is excellent advice about documentation! I'm a newcomer to this community but have been lurking and learning about PFIC issues as a US expat. Your point about creating a formal memo is really smart - I hadn't thought about documenting the reasoning in such detail. One question that occurred to me while reading through all these responses: How do you actually determine if a foreign fund meets the PFIC definition? Is this something the fund company will tell you, or do you need to research it yourself? Some of the funds I'm looking at don't clearly state whether they're PFICs in their documentation. Also, for someone just starting out with international investments, would you recommend proactively consulting with an international tax professional before making any foreign investments, rather than trying to figure it out after the fact like many of us seem to be doing?

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Michael Green

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This happened to me too! They offset $2,800 of my refund for old Pell Grant overpayments that I had completely forgotten about. The frustrating part is that they sent the notice to an address I hadn't lived at in 3 years, so I had zero warning. What really helped was using taxr.ai to understand exactly what was happening with my transcript - it broke down all the codes and showed me that I could apply for a compromise offer since I'm currently unemployed. The $4.99 was totally worth it because it saved me from calling around to different agencies trying to figure out what my options were. Now I'm working on getting the remaining balance reduced through their hardship program. Don't give up hope - there are definitely ways to work with them even after the offset happens!

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Wow, Pell Grant overpayments too? I had no idea they could offset for those! This whole thread has been so eye-opening. Definitely checking out taxr.ai - seems like everyone who's used it has had good results. Really appreciate you sharing that there's still hope even after they take the money. Sometimes it feels like once the government has your refund, that's it game over ๐Ÿ˜…

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Malik Johnson

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Oof, this is happening to so many people this year! I went through the same thing in 2023 - they took about $4,500 from my refund for loans I'd been ignoring for way too long. The worst part is feeling blindsided by it, especially when you're counting on that money. One thing I learned is that even if they already took your refund, you can still contact your loan servicer to get on a rehabilitation program or income-driven repayment plan to prevent future offsets. It won't get this year's money back, but it'll protect next year's refund. Also, definitely check if your address is updated with both the IRS and Department of Education - that's usually why people don't get the advance notices. Hang in there, it gets easier once you know what you're dealing with! ๐Ÿ’™

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StardustSeeker

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Has anyone had luck with the automated phone system? I've been trying for days and it keeps hanging up on me ๐Ÿ˜ญ

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Paolo Marino

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Oof, I feel you. That system is the worst. I had better luck calling right when they open in the morning.

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StardustSeeker

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Thanks for the tip! I'll try that tomorrow. Fingers crossed ๐Ÿคž

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I just went through this whole process last week and finally got verified! Here's what worked for me: I called first thing Monday morning at exactly 8 AM when they opened, had all my documents spread out on my desk, and got through in about 45 minutes (which felt like a miracle compared to my previous attempts). The rep was super helpful once I got connected. One thing that caught me off guard - they asked for a Form 1040 from my last tax return to verify my identity, which wasn't mentioned anywhere in their initial requirements. So maybe have that handy too! Don't lose hope, it's definitely doable even though the process is frustrating.

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