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I was struggling with the exact same issue last month! My foreign tax was around $720 across multiple brokerages. I ended up taking the credit and using Form 1116. It was definitely more work but saved me about $180 compared to taking the deduction. One thing to note - you can carryover unused foreign tax credits to future years (up to 10 years), but you can't do that with deductions. So even if the credit calculation is a little more complex, it usually pays off in the long run.
Yes, you can absolutely carry over unused foreign tax credits! This is one of the biggest advantages of taking the credit over the deduction. If your foreign tax credit exceeds your U.S. tax liability on foreign income in any given year, you can carry the unused portion forward for up to 10 years. TurboTax does track this automatically if you use the same account and import your prior year return. It will show any carryover amounts when you get to the Form 1116 section. However, if you switch tax software or preparers, make sure to manually enter any carryover amounts from your previous year's Form 1116. This carryover feature is especially valuable for people with fluctuating foreign income or those who have years with lower U.S. tax liability. I've seen cases where someone couldn't use their full foreign tax credit one year but was able to apply the carryover in subsequent years when their tax situation changed. Just another reason why the credit is almost always better than the deduction for investment accounts!
One thing nobody has mentioned yet is that regardless of which state you choose, you'll need to be aware of "foreign qualification" requirements. If you're "doing business" in a state other than where your LLC is formed, you technically need to register as a foreign entity there. The definition of "doing business" varies by state, but generally includes having employees, office space, or conducting in-person services in that state. As an expat with an online business, this probably won't affect you if you truly have no physical presence in any state. But something to keep in mind if your situation changes!
So if I form in Wyoming but occasionally visit California and work from there for a few weeks, would I need to register in California too? Their taxes are insane!
@Alexander Evans That s'a really good question about California! Generally, just visiting and working temporarily like (a few weeks wouldn) t'trigger foreign qualification requirements. California looks for continuous "business" activity or having a permanent "place of business in" the state. However, California is notoriously aggressive about tax nexus, so you d'want to be careful about establishing any kind of regular pattern there. If you re'just visiting occasionally as a tourist who happens to work remotely during your stay, you should be fine. But if you re'there for extended periods regularly or have clients specifically in California, that could potentially create nexus. The threshold varies, but most states consider things like having an office, employees, or conducting regular business meetings as triggers for foreign qualification. Remote work from a laptop while visiting usually doesn t'count, but I d'recommend consulting with a tax professional if you plan to spend significant time in high-tax states like California or New York.
Great question! I went through this exact process about 18 months ago as an expat living in Germany. After a lot of research, I ended up choosing Delaware for my LLC, even though I had no prior connection there. Here's what I learned: Delaware has excellent legal precedent for business law, reasonable fees ($90 annual franchise tax for most small LLCs), and their Court of Chancery is specifically designed for business disputes. While states like Wyoming and Nevada get a lot of attention for zero state income tax, Delaware's legal framework is incredibly well-established. The key thing is that as an expat, you'll be paying federal taxes regardless of which state you choose, and since you're using FEIE, the state income tax differences matter less than they would for a US resident. What matters more is ease of maintenance, legal protections, and banking relationships. I used a registered agent service in Delaware for about $150/year and was able to open a business account with Chase online using my EIN and passport. The whole process took about 3 weeks from start to finish. One tip: make sure you understand the difference between your LLC's state of formation and where you'll actually owe taxes. As an expat with FEIE, your federal tax situation is more complex than the state choice.
Thanks for sharing your Delaware experience! I'm curious about your decision to go with Delaware over Wyoming or Nevada. You mentioned the legal framework being well-established - how much does that really matter for a simple online business? I'm trying to decide between Delaware and Wyoming myself, and the $90 annual fee vs Wyoming's $50 is making me lean toward Wyoming. Did you find any practical advantages to Delaware's business laws in your day-to-day operations, or is it more about theoretical protections?
Quick question - I'm in a similar situation but I'll be renting my house for 3 years while I'm working abroad. Do the same deduction rules apply for longer rental periods? Anyone know if there are different considerations for longer-term rentals?
For a 3-year rental period, all the same deductions apply, but there's one major difference to be aware of: when you sell the house later, you might partially lose your primary residence capital gains exclusion. The rule is you need to have lived in the house as your primary residence for at least 2 of the 5 years before selling to get the full $250k/$500k capital gains exclusion. With a 3-year rental period, you'll need to move back in for at least 2 years before selling to get the full exclusion.
One thing I'd add that hasn't been mentioned - make sure you're keeping detailed records of everything! The IRS loves documentation for rental properties. I learned this the hard way during an audit a few years back. Create separate folders (physical or digital) for each type of expense: repairs, maintenance, insurance, property management, etc. Take photos of any work done on the property with timestamps. Keep all receipts, even small ones like supplies from Home Depot. Also, since you're planning to move back in March 2025, start a calendar now marking the exact dates the property was available for rent vs. when you lived there. This becomes crucial for prorating expenses and will save you headaches later when preparing your taxes. The depreciation everyone mentioned is huge - don't skip it! Even if you don't claim it, the IRS assumes you did for recapture purposes when you eventually sell. So you might as well get the tax benefit now.
Had the exact same issue! Filed through Jackson Hewitt in early January and WMR was showing "not found" for almost 3 weeks. Turns out JH had a small error in how they transmitted my SSN to the IRS. Called JH directly (not the IRS) and they were able to check their system and confirm the return was accepted but there was a processing delay on the IRS side. My refund finally hit my account yesterday even though WMR never updated. Don't panic - just give it a bit more time!
Chloe Taylor
Quick question for anyone using OLT for non-resident filing - does it handle multiple 1099s? I have one from Robinhood, one from Webull, and another from TD Ameritrade (all with different wash sales and dividends). Wondering if I need to combine these somehow or if the software can handle multiple investment accounts.
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Javier Torres
ā¢OLT can definitely handle multiple 1099s from different brokerages. You'll enter each 1099 separately during the income section of the software. There's no need to combine them yourself beforehand. When you reach the investment income section, you'll have the option to add multiple forms for each type (1099-B, 1099-DIV, etc.). The software will consolidate everything appropriately on your Schedule NEC for the 1040-NR. Just make sure to enter each form completely and accurately, especially paying attention to the wash sale adjustments on each 1099-B. The software should handle the calculations correctly as long as you input the information exactly as it appears on your forms.
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Chloe Taylor
ā¢Thank you! That makes things much easier. I was worried I'd have to manually combine everything from my different trading accounts first. I'll give OLT a try through the IRS Free File portal.
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ElectricDreamer
As someone who's navigated the non-resident alien tax maze with investment income, I feel your pain! Here are a few additional tips that might help: 1. **Double-check your substantial presence test** - Make sure you actually qualify as a non-resident alien for tax purposes. Sometimes students think they're non-resident when they might actually be resident aliens for tax purposes after being in the US for multiple years. 2. **Consider the treaty benefits** - Depending on your home country, there might be tax treaty provisions that could reduce your tax liability on investment income. Check if your country has a tax treaty with the US. 3. **Keep detailed records** - Document all your trades, especially the wash sale transactions. The IRS may ask for supporting documentation, and having everything organized will save you headaches later. 4. **State tax considerations** - Some states don't tax non-resident investment income at all, while others have different rules than federal. Research your specific state's requirements. The Free File options mentioned above are definitely worth trying first given your budget constraints. If those don't work out, you might also check if your university's international student services office has any tax preparation assistance or recommendations for affordable services that specialize in non-resident returns. Good luck with your filing!
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Natasha Volkova
ā¢This is really comprehensive advice! The substantial presence test point is especially important - I've seen fellow international students get confused about this. Just to add on the treaty benefits angle, even if your country has a treaty, you usually need to file Form 8833 to claim treaty benefits for investment income, which can add complexity. One question about state taxes - I'm in a state that does tax non-resident investment income. Do I need to file the state return at the same time as federal, or can I wait until I get confirmation that my federal filing was accepted? I'm worried about making mistakes on both levels simultaneously. Also, has anyone had experience with the IRS asking for additional documentation on wash sale transactions? I'm wondering what level of detail I should keep beyond just the 1099-B forms.
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