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Don't forget about FBAR requirements if you're a US person with foreign financial accounts! If the total value of all your foreign accounts exceeds $10,000 at any point during the year, you need to file FinCEN Form 114. This is separate from your tax return and has serious penalties if missed.
Based on your situation, yes, you are considered a US person for tax purposes since you filed jointly with your US citizen spouse. This means you should be providing W-9 forms to those platforms (Etsy, Fiverr, Twitch) instead of W-8 forms. A few additional things to keep in mind: 1. **Foreign Tax Credits** - Since you're earning income in Canada that's likely subject to Canadian taxes, make sure you're claiming Foreign Tax Credits on your US return to avoid double taxation. 2. **Form 8938 (FATCA)** - If your foreign financial assets exceed certain thresholds, you may also need to file Form 8938 with your tax return (this is in addition to FBAR that others mentioned). 3. **Provincial vs Federal** - Remember that your Canadian income might be subject to both provincial and federal Canadian taxes, and you can generally claim credits for both on your US return. Since you're in the green card process, it's worth consulting with a tax professional who specializes in US-Canada tax issues to make sure you're optimizing your filing strategy and not missing any opportunities for credits or exclusions.
This is really helpful information! I'm new to understanding international tax situations but this makes a lot of sense. Quick question though - when you mention Form 8938 thresholds, what are those specific amounts? And does having a joint Canadian bank account with my spouse count toward those thresholds even though it's technically "our" money? I want to make sure I'm not missing anything important since this is all pretty overwhelming as a newcomer to US tax obligations.
I think there's some confusion here. Even with the 100% deduction in 2021/2022, you still needed to meet the "ordinary and necessary" business expense test. For delivery drivers, your meals during shifts are generally considered personal expenses, not business expenses. The IRS views this as: everyone needs to eat, whether working or not. Where people get confused is with the "de minimis" fringe benefit rules for employers. If an employer provides meals to keep employees working (like during busy periods), those can sometimes be 100% deductible for the EMPLOYER. But as a 1099 contractor, you're not your own employee in that sense.
So if I understand right - if I own a small business and take clients out to lunch to discuss business, that was 100% deductible in 2021/2022 instead of 50%. But my personal lunch, even while "on the clock" as a 1099 worker, isn't deductible at all because I would need to eat lunch anyway?
You've got it exactly right! The business meal with clients discussing business matters would qualify for the temporary 100% deduction during 2021/2022 (now back to 50% for 2023 and beyond). Your personal meals during work time as a 1099 contractor generally don't qualify for any deduction percentage because they're considered personal expenses, not business expenses. The IRS position is that everyone needs to eat regardless of whether they're working or not, so these meals lack the "ordinary and necessary" business purpose required for deduction.
Just to add - I've been driving for Uber/Lyft for years, and instead of trying to deduct meals, I focus on maximizing my mileage deduction (58.5 cents per mile for 2022). That's where the real tax savings are for us gig drivers! Also, don't forget you can deduct a portion of your phone bill, car cleaning, amenities for passengers, etc. Those are much safer deductions than trying to claim your Taco Bell lunch while on shift.
Do you use a specific app to track mileage? I've been writing down odometer readings but it's a pain and I forget half the time.
I use MileIQ - it automatically tracks your drives using GPS and you just swipe left or right to classify them as business or personal. Super easy and creates reports you can export for tax time. There are other good options like Everlance and Stride too. Definitely worth using an app instead of manual tracking - I was losing out on so many deductible miles before I switched!
I completed an OIC myself last year. Settled $48k for about $8k. Here's what helped me the most: 1. I used the Pre-Qualifier tool on the IRS website first to see if I even qualified 2. I called the Taxpayer Advocate Service (they're free!) for advice 3. I read the entire Form 656 instruction booklet twice before filling anything out 4. I included every possible piece of documentation upfront - bank statements, pay stubs, bills, etc. 5. I was 100% honest about everything - they will find out if you're not The hardest part was calculating an accurate offer amount. Don't lowball them - they have internal guidelines about what they'll accept based on your financial situation. And be patient! My process took 11 months from submission to acceptance.
Hannah, based on your situation, you're definitely a good candidate for an OIC. With $950/week income and that high car payment, plus no assets, you should qualify under "Doubt as to Collectibility." I'd strongly recommend starting with the IRS Pre-Qualifier tool that Isaac mentioned - it's free and gives you a good sense of whether it's worth pursuing. Given your financial constraints, doing it yourself is absolutely feasible if you're methodical about it. A few practical tips from someone who's been through this: 1. Download Form 656 and the instruction booklet NOW and read through it completely before starting. It's dense but explains exactly what the IRS is looking for. 2. For your car payment calculation - the IRS has transportation allowance standards by region. Your $800/month payment might exceed their allowable amount, so factor that into your offer calculation. 3. Start gathering ALL your financial documents now: bank statements (last 3-6 months), pay stubs, bills, loan statements, etc. The IRS wants complete financial transparency. 4. Consider the 20% down payment requirement - you'll need to pay 20% of your offer amount upfront with your application. The fact that you've already filed your missing returns shows good faith, which helps your case. Take your time with the paperwork - rushing it and getting rejected will set you back months.
This is really helpful advice, Mia! I'm definitely going to start with that Pre-Qualifier tool. One question about the 20% down payment - if I calculate that my reasonable offer would be around $8k-10k based on my financial situation, I'd need $1,600-2,000 upfront. Is there any flexibility on this requirement, or do they have payment plan options for the down payment itself? That's still a pretty big chunk of money for me to come up with all at once.
Unfortunately, there's no flexibility on the 20% down payment requirement - it has to be paid in full when you submit your OIC application. The IRS doesn't offer payment plans for the down payment itself. However, there are two payment options for your overall offer: 1. Lump Sum Cash Offer (20% down, remainder paid within 5 months of acceptance) 2. Periodic Payment Offer (first payment with application, then monthly payments during the evaluation process) The Periodic Payment option might work better for your situation since you'd spread the payments out over the evaluation period (typically 6-24 months). Just keep in mind that you'll need to continue making those monthly payments even while they're reviewing your offer. Another option to consider - if coming up with even $1,600 is tough right now, you might want to wait a few months to save up before submitting. A rejected OIC due to incomplete payment can hurt your chances if you reapply later. You could also explore requesting Currently Not Collectible status first, which would pause collection activities while you get your finances in order to properly fund an OIC application.
My family did something similar last year and we learned that whoever pays the expenses is generally who gets the tax benefits. So if your parents still pay the property taxes and mortgage, they can claim those deductions. But the ownership for other purposes is split between life tenant (parents) and remainderman (you). The tricky part comes with calculating the actual value of each interest. The IRS has specific tables for this based on your parents' ages. Its super weird because technically you own a "future interest" that has a specific calculable value right now.
This is super helpful! Do you know where I can find those IRS tables? My mom did something similar and we're trying to figure out the gift tax implications for the remainder interest.
You can find those IRS actuarial tables in Publication 1457 (Actuarial Valuations Version 3A) or look up "Section 7520 rates" on the IRS website. The tables use your parents' ages and current federal rates to calculate the present value of the life estate versus the remainder interest. For gift tax purposes, the value of the remainder interest you received is considered a gift from your parents. If it's over the annual exclusion amount, they might need to file Form 709. The calculation can get pretty complex, so definitely worth having a tax pro run the numbers if the property value is substantial.
This is a really common estate planning setup, and you're smart to get clarity on the tax implications now! From what you've described, your parents retain most of the tax benefits while they're alive since they have the life estate. Generally speaking, your parents would continue to pay and deduct the property taxes and mortgage interest since they're the ones living there and making those payments. The life estate gives them the right to exclusive use of the property, which typically comes with the responsibility (and tax benefits) of maintaining it. You technically own the "remainder interest" right now, but it won't become active ownership until after your parents pass away. The good news is that when that time comes, you should receive a stepped-up basis to the fair market value, which can save significantly on capital gains taxes if you ever sell. One thing to double-check - make sure your parents filed any required gift tax forms when they created this arrangement, since transferring the remainder interest to you could be considered a gift depending on the property's value and your parents' ages. The IRS has specific actuarial tables to calculate this. Worth having a tax professional review the documents to make sure everything was handled correctly from the start!
Mateo Sanchez
Check if your state has a tax preparer registry or licensing requirement. In some states you can report unlicensed preparers and they face heavy penalties. In California the CTEC can fine them $5000 per return!
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Tristan Carpenter
This is absolutely infuriating and I'm so sorry you're going through this. Unfortunately, tax preparer fraud is way more common than people realize. A few additional things that might help: ⢠Contact your state's Attorney General's office - many have consumer protection divisions that handle tax preparer fraud ⢠If the preparer was using a PTIN (Preparer Tax Identification Number), report them to the IRS Office of Professional Responsibility ⢠Document the timeline of when you discovered the fraud vs when the refund was issued - this can be crucial for criminal charges ⢠Consider reaching out to local news stations - they love these consumer protection stories and the public pressure sometimes gets faster results The fact that she's ghosting you now actually works in your favor for proving intent to defraud. Keep trying to contact her via text/email so you have records of her avoiding you. Don't give up! I've seen people recover their money even a year later when they stayed persistent with the legal process. The IRS takes preparer fraud seriously once you get the right person's attention.
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