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I'm also an international student and cryptos are taxed weirdly in US. 2 important things to understand - your TAX RESIDENCY status is completely different from your IMMIGRATION status. You could be nonresident for immigration (F1 student) but still be resident for tax purposes if you stay in US long enough (substantial presence test). This affects which form you fill - 1040 vs 1040NR. Also even if youre nonresident, ANY crypto you sell while physically present in US is US-sourced income taxable here. Doesnt matter if your exchange thinks your foreign or not, you still gotta report it!
This is so confusing. So if I bought Bitcoin while in my home country but sold it while studying in the US, it's US-sourced income? What if I bought it in the US but sold after returning home? The location rules for crypto seem really unclear.
The location rules for crypto are indeed complex! Generally, if you sold crypto while physically present in the US, it's considered US-sourced income regardless of where you originally purchased it. So your first scenario (bought abroad, sold in US) would likely be US-sourced and taxable here. For your second scenario (bought in US, sold after returning home), it gets trickier. The IRS generally considers the location where the sale transaction occurs as the determining factor for sourcing. If you executed the sale while physically outside the US, it might not be US-sourced income, but this can depend on various factors including which exchange you used and how the transaction was processed. The safest approach is to consult the IRS guidelines or speak with a tax professional who specializes in international student tax issues, especially since these rules can have significant implications for your tax obligations.
As someone who went through a very similar situation last year, I completely understand your confusion! The key thing to remember is that the forms you receive from different platforms don't determine your actual tax filing requirements - your immigration and tax residency status does. Since you're an international grad student, you'll most likely need to file Form 1040NR (not 1040) regardless of what Coinbase provided you. The reason TD Ameritrade sent you 1042S is because they correctly identified you as a non-resident alien, while Coinbase may not have your status properly documented in their system. Here's what I'd recommend: First, determine your tax residency status using the substantial presence test (but remember F-1 students have an exemption for the first 5 calendar years). Then file 1040NR and report all your crypto transactions using Form 8949, just like you would attach it to a regular 1040. The most important thing is accurate reporting on your actual tax return - don't worry too much about the inconsistency in the forms you received from different platforms. What matters is that you report all your US-source income correctly as a non-resident alien.
This is really helpful advice, thank you! I'm in my second year as an F-1 student, so I should definitely qualify for the student exemption from the substantial presence test. One thing I'm still unclear about - when you say "report all your crypto transactions using Form 8949," do I need to list every single buy/sell transaction, or can I summarize similar transactions? I had probably 50+ small trades throughout the year and I'm worried about making the form incredibly long. Also, did you run into any issues with the IRS when your actual filing (1040NR) didn't match the forms your exchanges provided?
One other thing to consider - depending on your state, you might be able to get some state tax relief even if you can't lower your federal bracket. Some states have more generous deductions or lower rates for certain types of income. What state are you in?
I'm in Colorado. Do they have any specific rules about severance or one-time payments that might help me? I hadn't even thought about the state tax implications until now.
Colorado has a flat income tax rate (4.4% for 2023), so unfortunately there's no lower bracket to try to get into. However, Colorado does follow most federal deductions, so any steps you take to reduce your federal taxable income (like 401k contributions, HSA contributions, etc.) will automatically lower your Colorado taxable income too. One Colorado-specific thing to look into: if you made any charitable contributions to Colorado Enterprise Zone projects, you might qualify for a 25% state tax credit on top of your federal deduction. That won't help with your federal bracket issue, but it could significantly reduce your state tax burden.
I'm dealing with a very similar situation after receiving a large severance earlier this year. One strategy that worked well for me was timing my year-end bonus deferral at my new job - if your employer offers this option, you might be able to defer some of your December income to next year. Also, don't forget about the potential for increasing your state tax withholding if you're in a state with income tax. While it won't change your federal bracket, making sure you're not hit with additional state penalties can help your overall tax situation. Have you looked into whether you can contribute to a SEP-IRA if you did any freelance or consulting work during your unemployment period? Even small amounts of self-employment income can open up significantly higher contribution limits than traditional IRAs. The key is to act quickly since we're getting close to year-end. Many of these strategies need to be implemented before December 31st to count for this tax year.
Great point about the SEP-IRA option! I actually did some freelance web design work for a few weeks between jobs - nothing major, maybe $3,000 in income. I had no idea that could open up higher contribution limits. How much could I potentially contribute with that small amount of self-employment income, and would it be worth the paperwork hassle? Also, regarding the year-end bonus deferral - my new company does offer this, but I'm worried about the timing. If I defer income to next year, won't I just be pushing the tax problem to 2024? Or is the idea that it might help me stay below the 35% threshold this year even if it creates issues next year?
For SEP-IRA contributions, you can contribute up to 25% of your net self-employment income (after deducting the employer-equivalent portion of self-employment tax). With $3,000 in freelance income, you're probably looking at around $700-750 in potential contributions - not huge, but every bit helps when you're trying to reduce taxable income. Regarding bonus deferral, you're right to think strategically about timing. The benefit depends on your expected income next year. If your 2024 income will be significantly lower (no severance, full year at current salary), then deferring could make sense even if it creates a smaller problem next year. You'd pay at a lower marginal rate in 2024. However, if you expect similar or higher income next year, deferral might not help much. Another consideration: income averaging rules don't exist anymore, so you can't spread the severance over multiple years for tax purposes. The deferral strategy only works if you genuinely expect to be in a lower bracket next year.
Just wanna point out that an S corp with $1M profit should be maxing out retirement contributions too! You can put up to $68,000 in a Solo 401k for 2025 (that's $23,000 employee contribution plus 25% of your salary as employer contribution up to the max). This reduces your taxable income immediately. Also look into setting up a defined benefit plan if you're planning to have similar profits for several years. Our S corp was able to legally contribute over $200k annually to retirement this way, creating a massive tax deduction.
One thing I haven't seen mentioned yet is the potential for Section 199A deduction (QBI deduction) which can be huge for S corp owners. With $700K in pass-through income, you could potentially deduct up to 20% of that ($140K) if your business qualifies and you're under the income thresholds. However, there are some complexities with S corps and QBI - the deduction is generally based on your K-1 income minus your W-2 wages from the S corp. So if you take a $150K salary, your QBI would be calculated on $550K, potentially giving you up to $110K in additional deductions. The rules get tricky around the income limits and whether your business is a "specified service trade or business" (SSTB), but with proper planning this could save you tens of thousands. Your accountant should definitely be running these numbers for you, especially since you're right at the income levels where the phaseouts start kicking in.
This is exactly the kind of detail I was hoping to find! The QBI deduction could be massive for our situation. Quick question - you mentioned the income thresholds where phaseouts start. What are those limits for 2025? I want to make sure we structure things optimally before it's too late in the year to make adjustments. Also, our family business is in manufacturing/distribution - definitely not an SSTB - so it sounds like we should qualify as long as we're under the income limits. Is there anything specific we should be documenting now to support the QBI deduction if we get audited later?
Has anybody used the supplemental rate calculator on the IRS website? I tried using it for my bonus but I think I'm doing something wrong because it says my withholding should only be around 35% total but my company took out almost 50%.
This is completely normal and you're not alone! The 52% withholding you're seeing is exactly what I experienced with my last bonus. The key thing to remember is that this is just withholding - it's not your actual tax rate on the bonus. Your employer is required to withhold at the supplemental wage rate, which is 22% for federal taxes, plus your state rate, plus payroll taxes (Social Security and Medicare). In high-tax states, this can easily add up to 50%+ in total withholding. The good news is that when you file your taxes, your bonus gets added to your regular income and taxed at your marginal rate. Since you make $95k, your effective tax rate on the bonus will likely be much lower than 52%. You'll probably get a decent refund when you file, especially if your regular paycheck withholding is also set up correctly. I'd recommend keeping track of your total withholding throughout the year so you can adjust your W-4 if needed to avoid a massive refund (which is basically giving the government an interest-free loan). But for now, just know that most of that extra withholding will come back to you!
This is really helpful! I had no idea that bonus withholding worked so differently from regular paycheck withholding. When you mention adjusting the W-4 to avoid a massive refund, do you mean increasing allowances on the regular W-4, or is there a separate form for bonus withholding? I'm worried about owing money at tax time if I change anything, but getting back thousands in April seems wasteful too.
Ryan Andre
Has anyone addressed whether the grandson is involved in the business operations? If he's not materially participating, you might have passive activity loss limitations to consider. And remember that gifts of partnership interests to family members often trigger family partnership rules under Section 704(e).
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Lauren Zeb
ā¢Great point. The family partnership rules can be a landmine if not handled properly. Make sure the grandson's interest is a genuine capital interest and not just an income assignment. Documentation is key!
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Brian Downey
This is a complex situation that requires careful documentation. Since you dissolved the original partnership and formed a new one, you'll want to make sure you have clear records showing this wasn't done to avoid gift tax obligations. The IRS will look at the substance over form. A few additional considerations: First, get a qualified appraisal for the 10% interest - family partnership transfers are heavily scrutinized and you'll want professional support for any valuation discounts. Second, consider whether the grandson meets the requirements for a bona fide partner under Section 704(e) if he's not actively involved in operations. Third, document the legitimate business reasons for the partnership restructuring beyond just the gift transfer. The gift tax return (Form 709) is definitely required regardless of the partnership restructuring. The value reported should reflect the fair market value of the 10% interest at the time of transfer, with appropriate discounts if supportable. Consider consulting with a tax professional who specializes in family partnerships to ensure all aspects are handled correctly.
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Gabrielle Dubois
ā¢This is really helpful guidance! I'm wondering about the timing aspect - since we already completed the partnership dissolution and reformation, and my grandson already has his 10% interest in the new entity, am I still within the proper timeframe for filing the gift tax return? I know Form 709 is generally due by April 15th following the year of the gift, but I want to make sure the restructuring doesn't affect that deadline. Also, should I be concerned about any potential step-transaction doctrine issues since we dissolved and reformed so quickly?
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