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Just a warning to everyone - if you don't file Form 8865 when required, the penalty is $10,000 per year! And there are additional penalties if the IRS requests you file and you don't comply within 90 days. I found this out the hard way when I ignored a foreign partnership interest. I thought since it was just passive income reported on a K-1, I only needed to put it on Schedule E. Totally missed the Form 8865 requirement because I met Category 2 (owned >10%). If anyone's unsure, definitely consult with a tax professional with international tax experience. Regular CPAs often miss these requirements.
Did you end up having to pay the full $10k penalty? Were you able to get any abatement? I'm in a similar situation where I might have missed filing for previous years...
I was actually able to get the penalty reduced through the Streamlined Filing Compliance Procedures since I could prove it was a non-willful mistake. Had to file 3 years of back taxes with the correct forms and 6 years of FBARs. If you missed filing in previous years, don't just start filing correctly going forward. That creates a red flag. Look into proper disclosure procedures like the Streamlined Program. The penalties under these programs are much lower than if the IRS discovers the error first. In my case, I ended up paying about $3,500 in penalties instead of potentially $30,000+ for the three years I missed.
This is a great discussion that highlights how complex foreign partnership reporting can be! I wanted to add something that hasn't been mentioned yet - the importance of understanding the "constructive ownership" rules that can catch people off guard. Even if you only directly own 1% like Javier, you might be deemed to own more under IRC Section 267 attribution rules. This includes ownership attributed from family members, related entities, or even certain trust arrangements. I've seen cases where someone thought they were safely under the 10% threshold but actually exceeded it due to their spouse's ownership or business relationships. Also, for those mentioning PFIC issues - this is crucial. Foreign partnerships often hold investments that are classified as PFICs (like foreign mutual funds or certain foreign corporations). Even if you don't need Form 8865, you might still need Form 8621 for each PFIC the partnership holds. The partnership should provide details about PFIC holdings, but many foreign partnerships don't understand US reporting requirements. One last tip: keep detailed records of your partnership agreement, K-1s, and any correspondence. If you're ever audited, having clear documentation of why you believed you weren't subject to Form 8865 filing requirements will be essential for avoiding penalties.
This is incredibly helpful information about constructive ownership rules - I had no idea about the attribution rules under Section 267! That's exactly the kind of detail that could trip someone up. Quick question on the PFIC issue you mentioned - if the foreign partnership holds PFICs but doesn't provide the required information about them (like you said, many don't understand US requirements), how are we supposed to comply with Form 8621 filing? Are we expected to somehow get this information directly from the underlying investments? Also, regarding the constructive ownership - is there a specific threshold or percentage where family attribution kicks in, or does any ownership by a spouse automatically get attributed to you?
Has anyone used the 1040-X form for something like this? Is it complicated to fill out for just adding crypto transactions? I'm worried I'll mess it up if I try to do it myself.
I was in almost the exact same situation last year - filed my return, then got a late 1099-B from a crypto exchange about 6 weeks later. The advice about waiting for your original refund is spot on. I made the mistake of rushing to amend immediately and it created a mess where both my original return and amendment got stuck in processing limbo for almost 4 months. The IRS systems really don't handle simultaneous processing well. Once I finally got everything sorted out (with help from a tax professional), the agent told me that waiting until the original refund clears is always the safer approach for amendments. The small amount of additional interest or penalties you might accrue by waiting a few more weeks is nothing compared to the headache of having both returns tied up in their system. For $1100 in crypto, you're looking at a relatively minor impact on your taxes anyway, especially if some of those transactions were losses that can offset gains. Definitely amend, but be patient and wait for that $2200 refund first.
This is exactly the kind of real-world experience that's so helpful to hear about! The 4-month limbo situation sounds like a nightmare. I'm curious - when you eventually got it sorted out with the tax professional, did they have any specific tips for avoiding similar issues in the future? Like are there certain times of year that are better for filing amendments, or ways to track when your original return has fully cleared the system before submitting the 1040-X?
Just wanted to add that timing matters for this amendment. While you technically have 3 years to amend, if your F-1 status might change in the near future (like if you're planning to apply for OPT, STEM extension, or H1B), it's better to fix this ASAP. I had a similar issue and waited too long, which created complications when I applied for my STEM OPT extension. Had to provide extra documentation to prove I had filed the amendment. Also, when you file the 1040-X and 1040-NR, include a clear cover letter explaining that you're an F-1 student who accidentally filed the wrong form. Makes the processing go much smoother.
How long did your amendment take to process? I'm planning to apply for OPT in about 6 months and wondering if I should rush this amendment through now.
My amendment took about 4 months to process completely, though this was back in 2023. Current processing times might be different. The IRS is generally backlogged with these kinds of corrections. With your OPT application coming up in 6 months, I would absolutely file the amendment as soon as possible. Even if it's still processing when you apply for OPT, you'll at least have the proof that you submitted the correction (keep copies of everything!). Include a copy of your amendment submission with your OPT application if the amendment hasn't been fully processed by then. This shows USCIS that you're addressing the issue proactively.
I went through this exact situation two years ago as an F-1 student! The stress is real, but it's more common than you think and totally fixable. Here's what worked for me: First, prepare your correct 1040-NR using Sprintax (you're absolutely right to switch from regular tax software). Then use Form 1040-X to amend your original return. The 1040-X will show the differences between what you originally filed and what you should have filed. A few key tips from my experience: - Don't panic about the refund you already received. You might owe some back, but you also might be entitled to additional refunds depending on your situation - Make sure to check if your home country has a tax treaty with the US - this could save you significant money - Include a clear explanation letter with your amendment stating you're an F-1 student who filed the wrong form by mistake - Keep copies of everything for your records The whole process took about 3-4 months for me, but I had peace of mind knowing I was complying correctly. No issues with my visa status or any penalties. The IRS understands these are honest mistakes, especially for international students navigating the system for the first time. You're doing the right thing by correcting this now rather than letting it slide!
This is such a relief to hear from someone who went through the exact same thing! I've been losing sleep over this mistake. Quick question - when you say the process took 3-4 months, was that just for the IRS to process your amendment, or did it include the time it took you to prepare and submit everything? I'm trying to figure out my timeline since I might need documentation for future visa applications. Also, did you end up owing money back or getting an additional refund? Thanks for sharing your experience - it really helps knowing this isn't as catastrophic as it feels!
Has anyone used the Form 11 on ROS for partnership income? I found it super confusing how to report my share vs my husbands share and ended up ringing a chartered accountant.
The partnership section of Form 11 is a nightmare! What helped me was realizing you need to file a separate Form 1 (Partnership Return) first, then each partner files their own Form 11 showing their allocation of the partnership profit. The partnership itself doesn't pay tax - that flows through to each partner's personal tax return.
As someone who went through this exact same situation 18 months ago with my spouse, I can definitely relate to the confusion! One thing that really helped us was understanding that as a married couple in a partnership, you have more flexibility than you might think. First, don't panic about your business structure choice - partnerships can actually work well for married couples, especially in the early stages. The key is understanding your assessment options. You can choose joint assessment (where one spouse is the assessable spouse and includes both incomes) or separate assessment (where you each file individually). Joint assessment often works better for partnerships because it lets you pool your tax credits and rate bands. Also, make sure you're both claiming the Earned Income Tax Credit - it's β¬1,650 each for 2024, so that's β¬3,300 total you don't want to miss out on. And definitely look into income splitting strategies once you get established - being able to allocate profits based on actual contribution rather than strict 50/50 can save serious money. The threshold for considering incorporation is typically around β¬40-50k profit, so you have time to see how your first year goes before making any major structure changes. Focus on getting your partnership documentation sorted first - a simple partnership agreement outlining roles and profit sharing will make everything cleaner come tax time.
This is exactly the kind of comprehensive advice I was hoping for! Thank you for breaking down the assessment options so clearly. I had no idea about the Earned Income Tax Credit - that's β¬3,300 we definitely don't want to miss. Quick question about the partnership agreement - do we need to get it legally drafted or is a simple document we write ourselves sufficient for Revenue purposes? We're trying to keep startup costs reasonable but don't want to cut corners on something important. Also, when you mention income splitting based on "actual contribution," how detailed does that documentation need to be? We both work in the business but in different capacities - I handle most of the client work while my husband manages the admin and finances.
Faith Kingston
Have you looked at Schedule K-1 (Form 1041)? This is what trusts use to report distributions to beneficiaries. The trust itself files Form 1041, and then each beneficiary gets a K-1 showing their taxable portion. Talk to your CPA about this!!
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Emma Johnson
β’This is the correct answer. The K-1 will clearly separate what portions are taxable income and what parts are nontaxable distribution of principal. Your wife as trustee will need to issue these forms properly.
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Anderson Prospero
I went through something very similar when I inherited my grandfather's trust last year. The confusion around trustee/beneficiary roles and tax implications is incredibly common, and that concerning language about distributions being "reported as income" would have me worried too. A few things that helped me navigate this situation: 1. **Document everything** - Keep detailed records of all distributions and their sources (income vs. principal). This becomes crucial for tax filing. 2. **Get the trust's Tax ID number** if you don't have it already. The trust will need to file its own tax return (Form 1041) separate from your personal returns. 3. **Request all trust accounting records** from the previous trustee or estate administrator. You'll need to understand what income the trust has generated since your aunt passed away versus the original inherited assets. The fact that your current lawyer has been completely unresponsive for over a month is absolutely unacceptable, especially when dealing with time-sensitive estate matters. I'd definitely consider filing a bar complaint as others suggested. One thing that gave me peace of mind was getting a second opinion from a CPA who specializes in trusts and estates. Even before your September attorney appointment, a good CPA might be able to review that specific language and explain the tax implications. Sometimes they can get you in much sooner than attorneys. Hang in there - trust administration is complex but you'll get through this!
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CosmicCruiser
β’This is really helpful advice, thank you! I hadn't thought about getting a CPA consultation before our attorney appointment - that's a great idea. Do you happen to know if there are any specific certifications or specializations I should look for when searching for a CPA who handles trusts and estates? I want to make sure I find someone who really understands the complexities of trustee/beneficiary situations like ours. Also, regarding the trust's Tax ID number - should that have been set up already by the previous attorney, or is that something we need to handle as the new trustee?
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