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22 Has anyone dealt with the filing requirements for the French individual in this situation? Would they need to file a US tax return even though they're receiving dividends through a US LLC? I'm in a similar position (but from UK) and wondering what my obligations are.
8 Yes, the French individual would likely need to file Form 1040-NR (U.S. Nonresident Alien Income Tax Return) to report the dividend income, even though it's received through a disregarded LLC. They would also need to include Form 8833 if they're claiming treaty benefits that reduce the tax below what would otherwise apply. This is particularly important if they're claiming the 5% rate mentioned above instead of the standard 15% under the treaty.
I've been dealing with similar withholding complexities for our international shareholders and wanted to add a few practical considerations that might help. First, make sure you get the W-8BEN from the French individual well before the dividend payment date. The IRS requires that you have valid documentation in hand before you can apply the reduced treaty rate. If you don't have it, you're required to withhold at the full 30% rate, and then the individual would need to claim a refund later. Second, regarding the potential 5% rate mentioned above - be very careful here. The treaty language specifically refers to companies owning the required percentage, and there's ongoing debate about whether individuals can qualify for this rate even when owning through business entities. I'd strongly recommend getting professional advice before applying the 5% rate to avoid potential penalties. Finally, keep detailed records of your withholding analysis and the documentation you relied on. The IRS can review withholding decisions years later, and you'll want to be able to demonstrate that you made a reasonable, good-faith effort to apply the correct rate based on the information available at the time.
This is really solid practical advice, especially about getting the W-8BEN documentation in advance. I learned this the hard way when I had to withhold at 30% and then deal with the refund process, which was a nightmare for both me and the shareholder. One question though - what's the typical timeframe for getting a refund if you do end up over-withholding? And does the French individual need to file the 1040-NR in the same tax year as the dividend payment, or can they wait until they have all their documentation together?
Hey so random question but what software did you use to e-file your return originally? If you used TurboTax, TaxAct, etc. instead of just going through H&R Block, those services usually keep your returns available for download for several years!
I went in person to H&R Block and had them prepare everything. I didn't use any software myself, just handed them all my documents and they did it all. I don't think I have access to any software portal, just their customer website which isn't showing my complete return. I think I'm going to try the transcript route first before paying for the Form 4506, since several people mentioned that the transcripts might actually have all the info I need.
This is a really good point! I always recommend people file using one of the major software programs themselves rather than going to tax prep services. Not only do you save money, but you maintain access to your full returns typically for 5-7 years depending on the service. I've been using FreeTaxUSA for years and can still download complete returns with all schedules from 2016!
I went through this exact same frustrating experience last year! The IRS website definitely doesn't provide complete tax returns - only transcripts. But here's what worked for me as a fellow self-employed person needing documents for a mortgage: First, try getting both the Tax Return Transcript AND the Wage & Income Transcript from the IRS website. The Tax Return Transcript should show your Schedule C information (business income/expenses), while the Wage & Income shows all the 1099s and other income documents reported to the IRS. Before going the Form 4506 route (which takes forever and costs $43), call your mortgage lender and ask if they'll accept these transcripts instead. Many lenders actually prefer transcripts because they come directly from the IRS and can't be altered. If your lender insists on the full return, you might also try calling the IRS directly to ask about expedited processing for the Form 4506 due to your mortgage timeline - sometimes they can prioritize these requests. Just be prepared for long hold times when calling! Good luck with your mortgage application!
This is really helpful advice! I'm actually in a similar situation - just started the mortgage process and I'm self-employed with multiple 1099s. Quick question: when you got your transcripts, did they show all the details from your Schedule C like individual expense categories, or just the summary numbers? My lender specifically mentioned wanting to see the breakdown of business expenses, so I'm wondering if the transcript will be detailed enough or if I'll definitely need the full return.
I think we're missing something obvious here. Maybe she just doesn't want to pay the fees or go through the hassle of the application? A friend of mine who's a tax preparer told me getting an EFIN requires fingerprinting, an in-person interview sometimes, and a bunch of documentation. Sounds like this lady might just be lazy and cutting corners rather than being unable to qualify.
But isn't that even worse? Cutting corners on federal requirements doesn't inspire confidence in her attention to detail for tax preparation. I'd be really concerned about having someone who knowingly bypasses IRS requirements handling my financial information and tax filing.
This whole situation raises red flags about the quality and ethics of this tax preparer's practice. As someone who's dealt with tax compliance issues before, I can tell you that the IRS takes EFIN violations very seriously - it's not just a technical violation, it's a breach of the entire electronic filing system's integrity. What concerns me most is that clients may not even realize their returns are being filed under fraudulent credentials. When tax season gets busy, people often don't pay close attention to the technical details on their forms. But if the IRS discovers this arrangement and investigates, those clients could face delays in processing their refunds, additional correspondence, or even audits through no fault of their own. The fact that she's been operating this way for 3 years suggests this isn't an oversight or temporary arrangement - it's a deliberate choice to circumvent IRS requirements. Whether it's because she can't qualify for her own EFIN or just doesn't want to go through the proper process, either scenario should make potential clients think twice about trusting her with their financial information. I'd strongly recommend anyone considering using her services to verify that their preparer has their own valid EFIN before handing over their tax documents.
This is exactly right - I'm new to understanding tax preparation regulations, but this situation sounds really concerning from a client protection standpoint. If I were using a tax preparer, I'd want to know they're following all the proper procedures and have their own legitimate credentials. Is there an easy way for regular people to verify that their tax preparer has a valid EFIN? I imagine most clients just assume everything is legitimate and don't think to check these technical details. It seems like there should be some kind of database or verification system available to the public, especially since we're trusting these preparers with such sensitive financial information.
Protip: use an account transcript analyzer like taxr.ai instead of trying to figure it out yourself. Shows exactly when YOUR transcript will update based on YOUR specific situation. Changed the game for me fr
Same here! The waiting is killing me š© I've been refreshing like crazy too. From what I've learned here, it sounds like most updates happen Friday mornings around 3-6am EST, but it really depends on your specific cycle code. Might be worth checking what yours is so you know when to actually expect updates instead of checking constantly!
Yuki Yamamoto
The discussion here is super helpful but there's one thing I haven't seen addressed: rental income. I have a similar situation (W2 plus consulting plus software sales), but I also own a couple rental properties. Does rental income qualify for QBI? Some accountants told me yes, others said no.
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Carmen Ortiz
ā¢It can, but only if it rises to the level of a "trade or business" under section 162, or if you qualify for the safe harbor under Notice 2019-07. The safe harbor requires 250+ hours of rental services and keeping contemporaneous records. Also, triple net leases don't qualify.
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Ava Martinez
This is exactly the kind of complex QBI situation that trips up so many people! Diego, based on your income breakdown, you're definitely going to want to be strategic about this. Your W-2 income of $135k doesn't qualify for QBI at all - that's correct. For your self-employment income ($65k consulting + $70k software = $135k total), you're looking at potential QBI on that $135k, but with important caveats. The key issue is that your total income of $270k likely puts you above the phase-out thresholds ($170,050 single/$340,100 MFJ for 2023). This means your engineering consulting income will be significantly limited or eliminated from QBI since it's an SSTB. However, your software sales income might still qualify if it's truly product-based rather than service-based. The distinction others mentioned about custom vs. packaged software is crucial here. One strategy to consider: maximizing retirement contributions (SEP-IRA, Solo 401k) to potentially get your taxable income below the phase-out thresholds. Even a partial reduction could save you thousands. Also, make sure your CPA considers the W-2 wage limitation that applies at higher income levels - this could further complicate your QBI calculation even for the qualifying income streams. The tools others mentioned (taxr.ai, claimyr.com) seem worth exploring for the analysis, but definitely still work with your CPA for the final filing!
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Wesley Hallow
ā¢This is really comprehensive advice! I'm in a somewhat similar boat (though lower income levels) and hadn't considered the retirement contribution strategy to get under the thresholds. One question - when you mention the W-2 wage limitation at higher income levels, does that apply even if Diego's businesses don't have any employees? Like if his consulting and software sales are just him working solo, would that completely eliminate the QBI benefit for those income streams once he's above the threshold? Also, @3741f063f0c2, do you know if there are any other ways to reduce taxable income specifically for QBI purposes, or is it mainly retirement contributions and business deductions?
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