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Ask the community...

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Ellie Kim

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22 Make sure you're keeping ALL your receipts for anything remotely related to your business! I learned the hard way that you can deduct things like: - Portion of internet/phone if used for business - Home office space if used regularly and exclusively for business - Shipping materials - Website hosting - Advertising costs Also track mileage if you're driving to post office or buy supplies. The IRS loves documentation so save everything!

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Ellie Kim

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17 Quick question - for the home office deduction, does it matter if the space is also sometimes used for other things? Like, I have a desk where I package all my items, but sometimes my kids do homework there too.

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Ellie Kim

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22 For the home office deduction, the space needs to be used "regularly and exclusively" for business purposes to qualify. If your kids are doing homework at the same desk, unfortunately that area wouldn't qualify for the deduction since it's not exclusively business use. However, you might be able to claim a portion of your utilities, internet, and phone as business expenses based on the percentage used for business activities without taking the formal home office deduction. Just make sure you can reasonably justify the business percentage you're claiming if ever questioned.

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Ellie Kim

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2 anyone know if theres a minimum amount before u need to report this kinda stuff? like what if u only made like $500 selling things online? do u still gotta do all this tax stuff??

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Ellie Kim

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5 Technically, the IRS requires you to report ALL income, regardless of the amount. There's no minimum threshold for self-employment income. If you earned $500 from your side business, you should report it. That said, self-employment tax (Social Security and Medicare) only kicks in when your net earnings are $400 or more. But income tax could still apply to amounts less than that, depending on your overall tax situation.

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Someone should make a flowchart for HSA reporting! Here's my understanding: - W-2 Box 12 Code W: Your payroll deduction HSA contributions - Form 8889 Line 2: Only contributions YOU made outside payroll (like directly sending a check to your HSA administrator) - Form 8889 Line 3: Employer contributions including premium pass throughs - Form 8889 Line 9: Total of all contributions (should match your annual limit or be slightly under) The confusion happens because some tax software asks questions in weird ways that make you think you should include the premium pass through on Line 2, which is incorrect.

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Carmen Ortiz

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What about if I'm self-employed with an individual HDHP? I have a premium pass through but no employer technically. Where does that go?

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If you're self-employed with an individual HDHP that provides a premium pass through, it's a bit different. In that case, the premium pass through still counts toward your annual contribution limit, but you would report it on Line 2 of Form 8889 because you don't have an "employer" making the contribution. The key is understanding that for self-employed individuals, contributions you make to your HSA (including pass throughs from your individual policy) would go on Line 2, while still being mindful that these count toward your annual limit. Just make sure not to double-count anything, as that's where people often make mistakes.

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Just a heads up that there's a small grace period for correcting excess HSA contributions! If you realize you over-contributed (like OP did by $25), you can withdraw the excess amount plus any earnings on that amount by your tax filing deadline (including extensions) to avoid the 6% excess contribution penalty. Be sure to tell your HSA administrator that you're withdrawing an excess contribution so they code it properly. Otherwise, you might get hit with the 20% non-qualified distribution penalty too!

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Sean Murphy

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Thanks so much for mentioning this! I'll definitely contact my HSA administrator about withdrawing that extra $25. Do you know if I need any special form for this or just contact them directly?

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You just need to contact your HSA administrator directly. Most have a specific form for "excess contribution withdrawal" or something similar. Make sure you specifically tell them it's to correct an excess contribution for 2024, as this ensures they'll code it properly on your tax forms. They'll usually ask if you want to withdraw any earnings attributed to the excess contribution as well, which you should do to fully correct the issue. The earnings portion will be taxable in the year you receive the distribution, but at least you'll avoid the 6% excess contribution penalty.

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Just to add to what others have said - make sure you're meeting the "qualifying child" or "qualifying relative" tests for dependency. For your niece, she'd likely be a qualifying relative if: 1. You provided more than half her support 2. Her income was less than $4,400 for 2023 3. She lived with you all year For the baby, even though you're not the parent, you can still claim the baby as a qualifying child if: - The baby lived with you for more than half the year - You provided more than half the support - The baby is related to you (your niece's child would be your great-niece/nephew) The tiebreaker rules only come into play when multiple people COULD claim the dependent. Since it sounds like the father doesn't meet the support test, he shouldn't be claiming the child at all.

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Ava Thompson

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Thanks for breaking this down! Yes, my niece had almost no income in 2023 (less than $2,000 from a part-time job that didn't last). And for the baby, they both lived with me from birth in November through the entire year, and I provided well over 90% of all support. The father only lived there briefly and contributed almost nothing financially. Would bank statements showing I paid for diapers, formula, doctor visits, etc. be good evidence? And what about proof that they lived with me - would utility bills showing my address be enough?

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Bank statements showing purchases of baby supplies and medical expenses would be excellent evidence. For proving they lived with you, utility bills are helpful, but even better would be: Medical records showing your address for the baby's appointments Any official documents like the birth certificate that might show your address Statements from doctors, childcare providers, or even neighbors confirming they lived with you Letters from social services or benefits offices if any benefits were received at your address The more documentation the better, but focus on official documents when possible. Also, if you can show that the father's address was different during most of this period, that would further strengthen your case.

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Quick tip - when you file your return claiming the baby, you'll have to file a paper return with the letter and documentation, not e-file. The IRS system will automatically reject an e-filed return with a dependent SSN that's already been claimed on another return.

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Actually this isn't completely true anymore. With the new IRS systems, sometimes you CAN e-file even with a duplicate SSN claim. The system will accept it but flag it for review. A friend of mine was able to do this last year rather than paper filing.

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Just to add another perspective - I was in a similar situation two years ago. One important thing no one's mentioned is that if you owned the LLC before becoming a US resident, make sure you're properly documenting the basis in the entity as of your residency date. This becomes super important if you later sell the foreign LLC or take distributions. I'd recommend getting a formal valuation of the entity as of your US residency date so you have documentation of your starting basis.

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That's a great point I hadn't considered. Do you know if there's a specific form or method for documenting the basis value as of my residency date? Did you use a particular service for your valuation?

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There's no specific IRS form for documenting your starting basis, but you should create your own detailed records. I used a business valuation service in my home country that was familiar with US tax requirements. They produced a comprehensive report that I keep with my tax records. The method used depends on your business type - for my service-based LLC, they used a multiple of earnings approach. For businesses with more assets, they might use different methods. The key is having a defensible, third-party valuation you can produce if ever questioned. It cost me about $1,500 but was absolutely worth it for the peace of mind.

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Omar Hassan

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Has anyone used TurboTax for filing these forms? Their website says they support 5471 but I'm wondering if it can handle the dual status resident situation properly.

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I tried TurboTax last year for my 5471 with dual status and it was a disaster. The software doesn't really handle the dual status situation well with foreign entities. It kept trying to report my full-year income even though I clearly indicated my residency date. I ended up having to use a tax professional instead.

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Liam Mendez

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One thing nobody's mentioned - make sure you're confident in your capital loss calculations! I made a similar amendment last year, only to find out I had calculated my basis incorrectly. Ended up owing even MORE than my original return. Double check your cost basis on all sold investments and make sure you're accounting for things like wash sales correctly before filing that amendment.

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Nia Thompson

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That's actually a really good point! I went back through my records and realized I might have been using the wrong acquisition dates for some of the investments. Would it be better to get a tax professional to look over my amendment before I submit it?

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Liam Mendez

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Absolutely get a professional to review your amendment, especially with capital losses involved. The rules around basis reporting, wash sales, and carry-forward losses can get extremely complicated. A qualified tax pro can verify your calculations and potentially find additional deductions you missed. The fee is usually worth it when you're dealing with amounts this significant. The last thing you want is to amend your return only to find out you made another mistake that triggers an audit.

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Don't forget you might have some interest charges even if you pay the correct amount now! Since the original deadline has passed, the IRS will likely charge interest on the $40,500 from the original due date until they receive payment.

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Yep. Interest starts accruing from the original due date regardless of when you file an amended return. The current IRS interest rate is around 7% I think?

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