


Ask the community...
Just wanted to add another perspective on the business structure aspect. Since your wife would be the owner of the B&B as a NZ citizen, you'll also need to consider whether this creates any issues with US gift tax rules if you're contributing funds to a business you don't legally own. Also, regarding the rental property in the US - even if you're breaking even cashflow-wise, don't forget that you'll be taking depreciation deductions which will reduce your basis. When you eventually sell, you'll have depreciation recapture to deal with, which is taxed as ordinary income up to 25%. This could create a significant tax bill down the road that many people don't anticipate. One more thing to research: NZ has something called the "bright-line test" for property investments, which could affect the tax treatment of your B&B if you sell within a certain timeframe. Since you're planning to reinvest profits initially, this might not be immediate concern, but it's worth understanding for long-term planning. The international tax situation is definitely complex, but with proper planning and the right resources, it's totally manageable. Good luck with the move!
This is exactly the kind of detailed analysis I was hoping to find! The gift tax implications of contributing to a business I don't own is something I hadn't even considered. Would structuring it as a loan to my wife potentially avoid those issues, or would that create other complications? Also, the depreciation recapture point is really important - I was only thinking about the annual cash flow but you're right that the tax implications when we eventually sell could be substantial. Do you know if there are any strategies to minimize that impact, like 1031 exchanges for rental properties owned by expats? Thanks for mentioning the NZ bright-line test too. It sounds like there are tax implications on both sides that could really add up if we're not careful with the planning.
Great questions! For the gift tax issue, structuring contributions as a loan could help, but you'd need to document it properly with formal loan agreements, market interest rates, and actual repayment terms. The IRS scrutinizes loans between spouses, especially when one spouse owns a business the other is funding. Regarding 1031 exchanges for expats - this gets tricky. You can still do like-kind exchanges, but the timing requirements (45-day identification, 180-day completion) become much harder to manage from abroad. Plus, if you're a NZ tax resident, NZ might not recognize the tax deferral and could tax the gain immediately, defeating part of the purpose. For depreciation recapture, one strategy is installment sales if you owner-finance the buyer, which spreads the recapture over multiple years. Another option is converting to your primary residence before sale (though you'd need to meet the 2-out-of-5-years test while abroad, which has its own complications). The NZ bright-line test is currently 10 years for most investment properties, so definitely factor that into your long-term planning. Between US depreciation recapture and potential NZ bright-line tax, the timing of any property sales becomes really important.
One more consideration for your move to NZ - make sure you understand the timing of when you become a New Zealand tax resident. NZ uses a combination of factors including days present, permanent place of abode, and center of vital interests. This matters because it determines when you start being subject to NZ tax on your worldwide income. If you're keeping your US house initially and spending time setting up in NZ, you might have a period where both countries could claim you as a tax resident. The US-NZ tax treaty has tie-breaker rules, but it's something to plan for carefully. Also, since you mentioned potentially applying for NZ citizenship eventually, be aware that this could complicate your US tax situation if you ever want to renounce US citizenship down the road. The IRS has an "exit tax" (covered expatriate rules) that can be quite punitive for high-net-worth individuals, and they look at your net worth and tax compliance history over the 5 years before expatriation. Not saying you'd want to renounce, but it's good to understand all the long-term implications as you make these decisions. The expat tax world has lots of moving pieces that interact in unexpected ways!
I'm an accountant and handle this situation all the time with clients. Here's a simple checklist for unused LLCs: Federal: If single-member (disregarded entity), no separate federal filing needed. If multi-member or elected corporate taxation, file returns showing zero activity. State Income Tax: Varies dramatically by state. Some require returns regardless of activity. State Franchise/Privilege Tax: Many states charge these regardless of income (CA's $800 minimum is notorious). Annual Reports: Often required by Secretary of State offices regardless of activity. Honestly, between state fees, franchise taxes, and filing requirements, an unused LLC usually costs more trouble than it's worth. I typically advise clients to dissolve unused entities and form a new one when they're actually ready to start the business.
Thank you for laying this out so clearly! I think I'll probably just dissolve mine since I'm not going to use it anytime soon. Sounds like it's just going to be a money drain otherwise.
As someone who went through this exact situation last year, I'd definitely recommend getting professional advice before making the dissolution decision. I almost dissolved my unused LLC thinking it was just costing me money, but my accountant pointed out that if I planned to start any business in the next few years, keeping it might actually save money in the long run. Formation fees, registered agent costs, and the time to set everything up again can add up. Plus, some states have "shelf life" restrictions where you can't reuse certain business names for a period after dissolution. If you're truly done with business plans, dissolve it. But if there's any chance you'll want to start something in the next 2-3 years, it might be worth keeping and just staying compliant with the minimal requirements.
That's a really good point about the shelf life restrictions! I hadn't thought about that at all. Do you know if there's a typical timeframe most states use for name restrictions after dissolution? I'm in Illinois and was leaning toward dissolving, but now I'm wondering if I should just bite the bullet and pay the annual fees to keep it active since I might want to start something in a year or two.
Has anyone actually done the math on whether cost segregation is worth it? I'm paying about $15k for a study on my $2M apartment building, and I'm not sure if the accelerated tax benefits are really worth the cost plus the hassle of all these depreciation questions.
Yes! We did it for our $3.5M commercial property. The study cost around $18k but identified about $800k that could be reclassified as 5-7 year property. The time value of money on the tax savings (using a 35% tax rate) made it absolutely worth it. Just make sure you're working with a good CPA who understands how to implement the findings.
Great question Dylan! I've been through this exact situation with multiple properties. The key thing to understand is that you DO have some control, but it's not as simple as just choosing how much to take each year. Here's what you can actually control: 1. **Bonus Depreciation Elections**: For each asset class identified in your cost seg study (5-year, 7-year, 15-year property), you can elect OUT of bonus depreciation on a class-by-class basis. This means instead of taking 80% bonus depreciation in 2025, you'd follow the regular MACRS schedule. 2. **Section 179 Elections**: You can also choose whether to take Section 179 expensing on qualifying property. 3. **Timing Strategy**: While you can't defer depreciation once you've established the method, you can make these elections strategically to spread the benefits. The important thing is these elections need to be made on your tax return for the year you place the property in service (or amend if you missed it). You can't just decide year-by-year how much to take - but you CAN structure it upfront to better match your income patterns. I'd definitely recommend working with a CPA who specializes in real estate taxation to model out different scenarios based on your specific income projections. The decision you make now will affect your taxes for years to come.
This is exactly the kind of detailed explanation I was hoping for! Thank you for breaking down the different elections available. I had no idea you could elect out of bonus depreciation on a class-by-class basis - that gives me way more flexibility than I thought. Quick follow-up question: when you say these elections need to be made "for the year you place the property in service" - does that mean the year I bought the rental property originally, or the year I'm implementing the cost segregation study findings? I bought the property 2 years ago but just got the study done now. Also, do you have any recommendations for finding a CPA who really knows this stuff? My current accountant seems knowledgeable about basic rental property taxes but admitted they don't deal with cost segregation very often.
I'm dealing with the same thing! Filed my Maryland return in late January and still waiting. The website errors are so frustrating - I keep getting "system temporarily unavailable" messages. I tried calling yesterday and was on hold for 2 hours before giving up. Really hoping they get their act together soon because I was counting on that refund for some bills.
Same boat here! Filed end of January and getting those exact same error messages. Super annoying when you're depending on that money. Have you tried the early morning thing that @Andre Dupont mentioned? Might be worth a shot at like 6am when less people are hitting their servers.
I'm in the same situation - filed my Maryland return in early February and it's been radio silence since then. The website crashes every time I try to check and the phone system is completely overwhelmed. This is my first year dealing with Maryland taxes after moving here and I'm shocked at how dysfunctional their system seems to be compared to other states. Really need that refund to cover some unexpected car repairs that came up. Fingers crossed we all get some movement soon!
Abigail bergen
Another tip - when you submit multiple Form 8889s, write "HSA 1 of 3", "HSA 2 of 3", and "HSA 3 of 3" at the top of each form. This helps the IRS understand that you're submitting multiple forms intentionally and they're all part of the same tax filing. I had a similar situation and this simple labeling prevented confusion. The IRS agent I spoke with specifically recommended this approach!
0 coins
Ahooker-Equator
ā¢Great suggestion, thanks! I'll definitely do this with my forms. Do you also need to include any kind of summary or explanation letter with the forms, or is just labeling them enough?
0 coins
Luca Russo
Just labeling the forms is usually sufficient! I didn't include any additional explanation letter when I submitted my multiple HSA forms, and the IRS processed them without any issues. The numbering system (like "HSA 1 of 3") makes it clear that you're intentionally filing multiple forms for the same tax year. However, if your situation is particularly complex or if you're responding to a specific IRS notice, you might want to include a brief cover letter explaining that you're filing separate Form 8889s for each HSA account. But for most cases, the labeling alone should do the trick. The key is making sure each form is complete and accurate for its specific HSA, with the correct distributions and qualified medical expenses allocated appropriately across all forms.
0 coins
StarSeeker
ā¢This is exactly the kind of practical advice I was looking for! I'm dealing with my first multiple HSA situation and was overthinking it. The labeling system makes so much sense - I can see how that would prevent the IRS from thinking I made duplicate filings by mistake. One follow-up question - when you say "qualified medical expenses allocated appropriately," do you mean I need to match specific expenses to specific HSA distributions, or can I just make sure the totals work out across all forms? Like if I used my Fidelity HSA for a dental bill but my Health Equity HSA for prescriptions, does it matter which expenses I report on which form as long as everything adds up correctly?
0 coins