


Ask the community...
Let's be real, none of this proposal has a chance of actually passing in this Congress. I wouldn't stress too much about planning for a 44.6% capital gains rate. The final bill (if anything passes at all) will look completely different. Remember when everyone was panicking about the SALT deduction changes? And how much the final version got watered down? It's always the same story with these big tax proposals.
But isn't it still smart to plan ahead? I mean, even if the full 44.6% doesn't pass, there could be some increase, right? Better safe than sorry...
Planning ahead is always good, but I wouldn't make any drastic moves based on proposals that haven't even made it to committee yet. If you're really concerned, the best approach is probably to run multiple scenarios - what happens if rates stay the same, what happens if they go up moderately, and what happens in the worst case. Then identify strategies that work reasonably well across all scenarios. The biggest mistake would be making irreversible financial decisions based on tax proposals that might never materialize.
Anybody using specific tax software that can model these potential capital gains changes? TurboTax doesn't seem to have any features for "what-if" scenarios like this.
I've been using H&R Block Premium, and they have a "tax calculator" feature that lets you adjust income types and tax rates to see different scenarios. It's not super sophisticated but it gave me a rough idea of how different capital gains rates would affect my bottom line.
Thanks for the suggestion! I'll take a look at H&R Block. I really need something that can help me visualize the impact since I'm planning to sell a rental property next year that I've owned for about 15 years. The potential tax difference between current rates and the proposed rates would be substantial for me.
Has anyone actually checked to see if the contribution limits changed? I swear I remember reading something about the Roth limits being adjusted down for certain income brackets in a recent tax law change.
No, that's not accurate. The Roth IRA contribution limits for 2024 were $6,500 for people under 50 and $7,500 for people 50 and older. The income phase-out ranges for 2024 were $138,000-$153,000 for single filers and $218,000-$228,000 for married filing jointly. There were no surprise adjustments or reductions.
Make sure you didn't accidentally contribute to 2023 and 2024 in the same calendar year but exceed the limit for one specific tax year. I see this mistake all the time with clients. For example, if you put $3,000 in January 2024 for tax year 2023, then put another $6,000 in November 2024 for tax year 2024, the IRS might have incorrectly counted all $9,000 toward 2024.
One thing to consider is whether the French mother would be considered "engaged in a US trade or business" through the LLC activities. If it's just passive investments and dividends, probably not. But if she's actively involved in the business decisions, it could trigger "effectively connected income" tax treatment which is totally different from the dividend withholding rules. Also, has your CPA looked into whether a different structure might be more beneficial? Sometimes a foreign-owned C Corporation as the holding company creates better tax results than a disregarded LLC, especially if you're concerned about US estate tax exposure for the French investor.
I don't think she'll be actively involved in the business - it's really more of a passive investment. But that's a good point about potentially using a C Corp structure instead. Would that change how the treaty applies? What would be the advantages/disadvantages?
If she's truly passive, then the disregarded LLC with treaty benefits is probably fine. The treaty would still apply to dividends paid by a C Corporation, but potentially at different rates depending on ownership percentage. The main advantage of a C Corporation structure is that it creates a clearer separation for estate tax purposes. With a disregarded LLC, the French mother would be considered to directly own the US business interests, which could potentially subject those interests to US estate tax if she passes away. A C Corporation creates a blocker that can help shield foreign investors from US estate tax on the underlying business assets. The downside is you'd have potential double taxation of income (corporate level plus dividend level), though the reduced treaty rate helps.
Make sure you're considering the Form 8832 "check-the-box" implications here. A single-member LLC is automatically disregarded for US tax purposes unless you elect to have it treated as a corporation by filing Form 8832. Sometimes it's actually beneficial to elect corporate treatment for a foreign-owned LLC to simplify reporting and avoid certain direct ownership issues, even though it creates a separate taxable entity. The French investor should also check with a French tax advisor since the French tax treatment of the LLC might not match the US treatment.
This is really important! France might not recognize the disregarded entity concept the same way the US does. I had a client from Paris with a similar structure and the French tax authorities treated the LLC as a separate entity regardless of the US tax classification, creating a huge reporting headache.
Check if you have any other income sources that aren't having taxes withheld. We had a similar shock one year because my side business and some investments weren't withholding anything. Also check if you're claiming all possible deductions - mortgage interest, student loan interest, retirement contributions, etc. Those can make a big difference.
We don't have any side businesses, but we do have some investments that probably didn't have withholding. And we're not homeowners yet so no mortgage interest. Do retirement contributions through our employers' 401k plans automatically reduce our taxable income or do we need to do something special to claim that?
401k contributions through your employers should automatically reduce your taxable income - they're taken out pre-tax so they already lowered the W-2 income reported to the IRS. You don't need to do anything special to claim those. If you have investment income without withholding, that's likely contributing to your tax bill. For the future, you might want to make quarterly estimated tax payments on that income, or increase your W-4 withholding to cover it. The key is making sure you're paying enough tax throughout the year one way or another.
Is anyone using TurboTax for this situation? I have a similar issue and wondering if the premium version helps with this or if I need to see an actual tax professional.
I use TurboTax Premium and it does have a W-4 calculator that can help with this. After you complete your return, it offers to help you update your W-4 for next year based on your results. It's pretty helpful but honestly I still found it confusing when dealing with two incomes.
Rita Jacobs
Tax preparer here (10+ years experience). What you described is absolutely NOT normal and is a major red flag. Professional tax preparers are required to have: 1) A PTIN (Preparer Tax Identification Number) 2) Professional tax software with e-filing capabilities 3) An EFIN (Electronic Filing Identification Number) if they e-file Using a client's personal TaxAct account is unprofessional, potentially violates regulations, and suggests they're either not a legitimate preparer or they're cutting corners in dangerous ways. I would find a different preparer immediately and consider reporting this person to the IRS.
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Khalid Howes
ā¢Is there a way to check if someone is a legitimate tax preparer before hiring them? Like a database or something?
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Rita Jacobs
ā¢Yes, you can verify if someone has a valid PTIN through the IRS. While the IRS doesn't have a public database you can search, you can ask to see their PTIN certificate or card before working with them. Legitimate preparers will have this readily available. You can also check if they're a CPA (through your state's board of accountancy), an Enrolled Agent (through the IRS), or a member of professional organizations like the National Association of Tax Professionals or the National Association of Enrolled Agents.
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Ben Cooper
I made the mistake of letting a "tax preparer" use my TurboTax account last year. Turned out they filed returns for like 5 other people using my account!!! The IRS flagged it and I had to deal with proving I wasn't running some tax fraud scheme. CHANGE YOUR PASSWORD IMMEDIATELY and check if any other returns have been filed under your account!!! This could be serious!!!
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Naila Gordon
ā¢OMG that's terrifying! Did you ever get it resolved? Did you have to pay penalties?
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