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Slighy off-topic but don't forget capital gains reporting for your crypto! Even if T1135 doesn't apply, you still need to track every single transaction for calculating capital gains/losses. CRA expects you to report: - Fair market value of crypto at time of purchase - Fair market value when sold/traded - Calculate gain/loss on each transaction - Apply 50% inclusion rate for capital gains I use Koinly to track all this stuff and it saves me tons of headaches at tax time.
Does crypto-to-crypto trading count as a taxable event in Canada? Like if I trade BTC for ETH without ever converting to CAD?
Yes, crypto-to-crypto trades are definitely taxable events in Canada! When you trade BTC for ETH, the CRA treats it as if you sold your BTC for CAD and then immediately bought ETH with that CAD. You need to calculate the capital gain/loss on the BTC you "disposed of" based on its fair market value at the time of the trade. So if you bought 1 BTC for $50,000 CAD and later traded it for ETH when BTC was worth $60,000 CAD, you'd have a $10,000 capital gain to report (with 50% inclusion rate = $5,000 taxable). The ETH you received would have a new adjusted cost base of $60,000 CAD for future calculations. This is why tracking tools like Koinly are so helpful - they automatically calculate the CAD values and gains/losses for every crypto-to-crypto trade using historical exchange rates.
Great question and excellent discussion here! I just want to reinforce what others have said about the T1135 requirements for crypto. The key distinction is WHERE your crypto is held, not what type of asset it is. Since your hardware wallet is physically located in Canada (in your home safe), the Bitcoin stored on it is considered Canadian property for tax purposes, regardless of the fact that Bitcoin itself is decentralized and not tied to any specific country. The $250K+ threshold for T1135 only applies to "specified foreign property" - and crypto on a hardware wallet in Canada doesn't qualify as foreign property. You're absolutely right to be cautious about CRA compliance, but in your situation, T1135 filing isn't required. However, do keep detailed records of your transactions and holdings as others have mentioned. The crypto tax landscape is still evolving, and good documentation will protect you if rules change or if you're ever audited. Also remember that while T1135 may not apply, you'll still need to report any capital gains when you eventually sell or trade your Bitcoin. Stay compliant and keep that hardware wallet secure!
You might consider implementing a quarterly dividend strategy alongside a reasonable base salary. This is what I do - I pay myself a consistent reasonable base that covers my actual work (based on market rates for my position), then distribute profits as needed through distributions. Remember that while S-Corp distributions aren't subject to self-employment tax, they ARE subject to income tax. And the IRS is very clear that you can't take distributions without a reasonable salary first.
That seems like a smart approach. So in practice, how do you handle this? Do you start with a somewhat conservative base salary and then do quarterly reviews to determine distributions? And do you ever adjust the base salary mid-year if business is significantly better or worse than expected?
I start with a base salary that would be reasonable to hire someone to replace me in my role - I actually got quotes from headhunters for similar positions to document this amount. I review quarterly but rarely change the base unless my duties significantly change. For distributions, I first ensure all business cash flow needs are covered (including reserves for taxes and future expenses), then distribute a portion of excess profits quarterly. In exceptionally good quarters, I sometimes pay myself a W-2 bonus rather than taking it all as distributions - this looks better for maintaining that reasonable salary requirement while still giving me flexibility. The key is having a documented methodology that shows you're not artificially suppressing salary to avoid payroll taxes.
The uncertainty you're facing is totally understandable - that's a massive potential revenue jump! Here's what I'd recommend based on going through something similar: Start with a conservative approach for Q1. Set your salary based on a blend of last year's performance plus modest growth expectations - maybe bump from $65k to around $75-80k to start. This keeps your fixed commitment manageable while acknowledging some growth. Then implement quarterly reviews. As you hit Q2 and Q3, if the revenue is materializing as projected, you can either: 1. Increase your base salary mid-year (requires payroll adjustments) 2. Pay yourself W-2 bonuses quarterly to catch up 3. Take the excess as distributions (though remember you need that reasonable salary first) The IRS doesn't expect you to predict the future perfectly, but they do expect you to make reasonable adjustments as circumstances change. Document everything - why you set the initial salary, what factors you considered for increases, and how you determined what's "reasonable" for your role and industry. Most importantly, focus on what you'd need to pay someone else to do your job, not on percentages of profit. Your duties might not change much even if revenue quadruples, so your salary shouldn't necessarily scale directly with profits.
Something else to consider - if you determine you're a resident alien for 2024, you'll need to report your WORLDWIDE income on your US tax return, not just US-source income. This is a big difference from the non-resident 1040-NR where you only report US income. Did you have any income from sources outside the US during 2024? Like investments, rental property, foreign bank interest, etc.? If so, that needs to be reported on your 1040. You might also need to file FBAR forms if you had foreign bank accounts with balances over $10,000.
Oh wow, I didn't think about worldwide income. I do have a small savings account back home that earned some interest, and I received some rental income from a property my parents transferred to me in October 2024. Would I need to report both of these? And is there a way to avoid double taxation if I already paid taxes on these in my home country?
Yes, you would need to report both the interest income and the rental income on your US tax return as a resident alien. The good news is that there are protections against double taxation. You can claim a Foreign Tax Credit (Form 1116) for any taxes you paid to your home country on that income. This essentially gives you a credit against your US tax liability for taxes already paid elsewhere. Alternatively, depending on your country, you might be able to exclude certain types of income under the tax treaty. Also, don't forget about the FBAR filing requirement (FinCEN Form 114) if the total of all your foreign financial accounts exceeded $10,000 at any point during the year. This is separate from your tax return and has serious penalties if overlooked.
I went through almost the exact same situation two years ago! Your substantial presence test calculation looks spot on. Since you were exempt as an F-1 student for 2019-2023, 2024 was indeed your first year counting days, and with 335 days you definitely crossed the 183-day threshold. One thing I'd add to what others have mentioned - make sure you keep really good records of your departure date and any documentation showing you've established residence elsewhere. The IRS sometimes questions these transitions, especially for people who were students for several years. Also, since you're now filing as a resident alien, you might be eligible for some tax benefits you couldn't claim as a non-resident - like the standard deduction and certain credits. It's not all bad news! Just make sure you're thorough about reporting worldwide income as others have mentioned.
Thanks for sharing your experience! It's really reassuring to hear from someone who went through the same situation. I definitely plan to keep all my departure documentation - I have my flight records and proof of establishing residency back home. You're right about the tax benefits - I hadn't really thought about being able to claim the standard deduction now. As a non-resident on 1040-NR, I was always stuck with itemizing or taking the much smaller deductions available to non-residents. Do you remember if there were any other credits or deductions you discovered you were eligible for as a resident alien that you couldn't get before? I want to make sure I'm not leaving money on the table!
One important thing nobody's mentioned - the IRS doesn't actually receive details about how 529 withdrawals were spent! They just get notified that a withdrawal happened. It's up to you to track and allocate qualified expenses properly. As long as you have sufficient qualified education expenses to cover both your tax-free scholarship amount and the 529 withdrawal, you'll be fine. Just be ready to prove it if asked. I've been through an audit specifically on education expenses and having well-organized receipts for everything made it go smoothly.
This is exactly the kind of complex situation that trips up so many students and parents! A few additional points to consider: First, regarding the dependent status question - even if your mom can claim you as a dependent (which depends on the support test, not just the 1099-Q), you might want to run the numbers both ways. Sometimes the family saves more money overall if the student files independently and claims their own education credits, especially given your mom's income level. Second, for the 529 withdrawal timing issue you mentioned - the IRS generally allows reasonable allocation across academic periods. Since you're graduating in spring 2025, you could potentially allocate some expenses to the 2024-2025 academic year that spans across two tax years. Just make sure your total qualified expenses don't exceed what's realistic for your situation. One thing that might help: create a detailed spreadsheet showing all your qualified expenses by semester/academic period, including tuition, required fees, books, supplies, and room/board up to the school's published amounts. This will help you see exactly how much scholarship money and 529 funds you can allocate to each period while staying within the limits. Also, keep copies of your lease agreement, utility bills, and any other housing-related expenses as documentation. The key is being able to show the IRS that your allocations are reasonable and well-documented if you're ever questioned.
This is incredibly thorough advice! The spreadsheet idea is brilliant - I wish someone had told me to do that from the beginning instead of trying to piece everything together now. Quick question about the academic period allocation: when you say "reasonable allocation," is there any specific IRS guidance on how flexible they are with this? For example, if I allocated January-June 2024 rent to the spring 2024 semester (which technically ended in May), would that be considered reasonable? I'm just trying to make sure I don't cross any lines that could trigger problems later.
Sean O'Donnell
I'm in exactly the same situation! Filed on 01/28 and my federal refund was deposited within two weeks, but my NJ state return has been stuck on "processing" for over a month now. As someone who's also relatively new to the US tax system (been here about 4 years), this whole federal vs state processing speed difference is completely baffling to me. In my home country, all tax matters were handled by one central agency, so this fragmented system where each state operates independently is still confusing. The NJ Division of Taxation website is absolutely useless - it's like they designed it to tell you as little as possible. I've been refreshing that page daily hoping for some miracle update, but it's been the same generic "processing" status for weeks. It's especially frustrating when you're counting on that refund for expenses and you have no idea if it'll come next week or next month. At least knowing others are experiencing the same delays makes me feel less like I did something wrong with my filing!
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Amelia Cartwright
โขI totally relate to this! Also coming from a country with a centralized tax system, the whole federal vs state thing was a huge adjustment for me too. It's like learning that different parts of the same government operate on completely different timelines and technologies. The fact that the IRS can process millions of returns efficiently while NJ seems to be using a system from the stone age is mind-boggling. I've been in the US for about 2 years now and this is my second tax season - last year my NJ return took almost 3 months! At least this year I know to expect the wait, but it doesn't make it any less frustrating when you're budgeting around that money. The lack of transparency really is the worst part - even a rough timeline would help us plan better.
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Amara Adebayo
I'm dealing with the exact same issue! Filed my NJ return on 01/30 and got my federal refund in about 10 days, but my state return is still stuck in processing purgatory. As someone who's been in the US for about 2 years, I'm still wrapping my head around how the federal government can be so efficient while individual states seem to be operating with systems from the dark ages. What's really frustrating is that there's no way to get any meaningful information - the NJ website just says "processing" like it's some kind of magical incantation that's supposed to make us feel better. I've been checking religiously every day hoping for some sign of life, but it's like watching grass grow in winter. The financial stress of not knowing when (or if) that refund is coming is real, especially when you're still getting established in a new country. At least seeing all these comments makes me realize it's not something I did wrong - it's just NJ being NJ!
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