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Don't forget about potential credits for taxes paid! When dealing with territorial income like this, you need to make sure you're not being double-taxed. If your clients paid any tax to Guam on their W-2GU income, they may be eligible for a foreign tax credit on their US return using Form 1116. I went through this with income from Puerto Rico last year. Even though Puerto Rico is a US territory, for tax purposes it's treated as a foreign jurisdiction in many ways. The same applies to Guam. Also, check whether there's any special treatment for moving expenses between a territory and the mainland. There used to be some deductions available for these situations that survived the 2018 tax law changes, but only for moves involving territories.
Isn't there some kind of exclusion for territorial income? I thought you didn't have to pay US federal tax on income earned in US territories like Guam if you were a bona fide resident there. Or does that not apply in this case since they were only there part of the year?
That's a good question! The income exclusion you're thinking of generally applies to bona fide residents of the territory for the entire tax year. Since these folks were only in Guam for part of the year (moved to Nevada in June 2023), they wouldn't qualify as bona fide residents for the full year. Part-year residents typically need to allocate their income based on where it was earned during different parts of the year. That's exactly what Form 5074 helps accomplish - it allocates income and tax between the US and the territory. For truly bona fide residents who meet all the requirements, you're right that there can be exclusions, but those rules are quite strict and require documentation of things like physical presence, tax home, and closer connection tests.
One important detail I don't see mentioned yet - when you're dealing with W-2GU forms, make sure to check if the employer properly allocated the income between Guam-source and US-source on the forms themselves. Sometimes employers in the territories don't correctly distinguish between income that's truly territorial versus income that should be reported as US-source (like for federal contracts or mainland-based work done while stationed in Guam). Also, since they only have Copy A available for one of the W-2GU forms, they should contact the employer to request the proper copies for filing. The IRS is pretty strict about having the correct document copies attached to paper returns, especially for territorial income situations that are already under closer scrutiny. Another tip: when you complete Form 5074, pay close attention to the income allocation dates. Since they moved mid-year (June 2023), you'll need to clearly document which income was earned during their Guam residency period versus their Nevada residency period. This timing can significantly impact the tax allocation between jurisdictions.
Call JH customer service and get a tracking number for the check. They can usually provide that
been on hold for like an hour tryna do that š
Ugh the hold times are insane! I'd honestly just check out that taxr.ai thing everyone's mentioning - seems way faster than waiting on hold forever just to get a tracking number
Just want to add that this same thing happened to me with my grandmother's estate K-1. The big number in Box 11D is likely capital gains from property or investments the estate sold, and if the estate already paid taxes on it, it shows up on your K-1 but doesn't necessarily increase your tax burden. One thing to watch out for - depending on your state, you might need to make adjustments on your state tax return. My state wanted me to add back some of the estate income that was excluded from federal taxable income. Check your state's rules for K-1 income from estates.
Thanks for mentioning the state tax issue! I hadn't even thought about that. I'm in Illinois - do you know if they have specific rules about estate K-1 income? Should I expect my state refund to be different than what the dramatic federal change would suggest?
Illinois generally follows federal treatment for most estate K-1 items, but there can be differences. Illinois might require you to add back certain deductions or exclusions that were allowed federally. Your state refund will likely change in the same direction as your federal refund, but the magnitude might be different. The best approach is to check if your tax software has specific guidance for Illinois when entering K-1 information. There should be a state-specific section where you can verify how the K-1 income is being treated. For estate income specifically, Illinois generally respects the federal treatment of income that was already taxed at the estate level, but you'll want to make sure your software is handling any Illinois-specific adjustments correctly.
Has anyone run into issues with the IRS questioning large swings in refund amounts due to estate K-1s? I'm in a similar situation with my uncle's estate K-1 and I'm worried about audit risk. My tax preparer says it's fine but I'm still nervous.
That's reassuring, thanks. My K-1 is for about $75k in capital gains, so hearing that others have seen similar large swings makes me feel better. I'll definitely keep all the documentation organized. Do you think it's worth paying extra for audit protection from my tax software with these kinds of unusual forms?
Audit protection can provide peace of mind, but it's usually not necessary specifically for estate K-1s. These forms are well-documented and the IRS has clear guidelines for how they should be handled. With $75k in capital gains, as long as you're entering the information exactly as it appears on your K-1, you're in good shape. The bigger consideration is whether you're comfortable handling any correspondence yourself if questions do arise. Most audit protection services mainly provide representation and guidance, which you could also get from a tax professional if needed. Given that your tax preparer is already confident about the filing, you might be better off saving the audit protection fee and just keeping thorough records of your K-1 and any supporting documentation.
5 The 5-year election for 529 plans is great, but don't forget about potential state tax benefits that might make annual contributions more advantageous. In my state, we get a deduction for up to $10k in 529 contributions per beneficiary each year. So sometimes it makes sense to do a hybrid approach - some upfront and some spread out.
22 That's a good point. I'm in Illinois and we get a $20k deduction for married couples contributing to 529s annually. My accountant suggested we put some in upfront with the 5-year election but also budget for additional annual contributions to maximize the state tax benefit.
This is such a helpful thread! I'm in a similar situation with some inheritance money and have been paralyzed by all the options. A few questions for the group: 1. If I do the 5-year 529 election now, am I locked out of making any gifts to my kids for other purposes (like helping with a first car, etc.) during those 5 years without using my lifetime exemption? 2. Has anyone dealt with the situation where you want to contribute to both a 529 AND a UTMA? Like maybe $90k to the 529 with the 5-year election and then smaller amounts to a UTMA for more flexible spending? 3. For those mentioning state tax benefits - do you know if the deduction applies in the year you make the lump sum contribution, or does it get spread out over the 5 years when you elect the gift tax averaging? The inheritance feels like such an opportunity but I don't want to mess this up by not understanding all the rules!
Yara Abboud
Just checked and it's working for me now (4:30pm Eastern). Try again, they might have fixed whatever was causing the outage.
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Fatima Al-Farsi
ā¢Just tried again and you're right! It's working now. Thanks everyone for the help and suggestions! š
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Naila Gordon
Glad to hear it's working again! For future reference, the IRS also has a "Where's My Refund" tool that sometimes works even when other parts of the site are having issues. You can also call their automated refund hotline at 1-800-829-1954 if the website is down - it's available 24/7 and usually more reliable than the web interface during peak times.
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