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Just a heads up - I lived in Korea for 12 years and moved back to the US last year. Korean banks will also want your father to file a W-8BEN with them to claim the reduced treaty rate on any interest earned from Korean accounts. Otherwise, Korean financial institutions will withhold at their domestic rate (around 15.4% currently). It's a two-way street with these treaties - he needs to claim the treaty benefits with BOTH the US and Korean tax authorities. Also, make sure he's reporting any Korean bank accounts on FBAR if the aggregate total exceeds $10,000 at any point during the year. The penalties for missing that are brutal!
This is a complex situation that involves multiple layers of US tax compliance. Based on what you've described, your father needs to address several critical issues beyond just the treaty benefits: 1. **Formal expatriation process**: Since he's been a green card holder for 30 years, he needs to file Form I-407 to abandon permanent resident status and Form 8854 for expatriation tax purposes. The exit tax provisions could apply given his long-term resident status. 2. **Treaty benefits**: Yes, Article 13 of the US-Korea tax treaty does provide for a reduced 12% withholding rate on interest income instead of the standard 30%. He'll need to file Form 1040-NR and Form 8833 to claim these benefits. 3. **Korean tax obligations**: Don't forget he may also have Korean tax filing requirements as a returning resident. Korea generally taxes worldwide income for residents. 4. **FBAR reporting**: If he maintains US bank accounts or investments totaling over $10,000, he'll need to file FBAR (FinCEN Form 114) annually. Given the complexity and potential penalties involved (especially with expatriation requirements), I'd strongly recommend consulting with a tax professional who specializes in international tax and expatriation before filing anything. The costs of professional help will likely be far less than potential penalties for non-compliance.
This is incredibly helpful, thank you! I had no idea there were so many moving parts to consider. The expatriation requirements alone sound like they could be a major issue we need to address immediately. A few follow-up questions if you don't mind: - Is there any deadline for filing the Form 8854 after leaving the US? He moved in mid-2022 but we haven't filed anything yet. - For the Korean tax obligations, would he need to file for the partial year he moved back (2022) or just starting from 2023? - Since he's been gone over a year already, could there be penalties for not filing the expatriation forms sooner? I'm definitely going to find a professional who specializes in this area. Do you happen to know if there are CPAs who specifically handle US-Korea tax situations, or should I look for general international tax specialists?
Something nobody mentioned - check if any of those investments could be considered qualified education expenses in the coming year. If your daughter is starting college, you might be able to time selling some investments with paying tuition and have them count toward education tax benefits like the American Opportunity Credit.
That's not quite right. The capital gains themselves would still be taxable. You can't directly use appreciated securities for qualified education expenses without triggering capital gains. You'd need to sell the investments, pay any applicable capital gains tax, and then use the proceeds for education expenses.
One thing to consider that might help with timing - if your daughter will be 18 during 2025 and truly providing more than half of her own support through work/internships, you could potentially avoid kiddie tax entirely by waiting. But be careful about the "more than half support" test - it includes tuition, room, board, everything. Also, don't forget about gift tax implications if you're funding her investment account. The annual exclusion is $18,000 for 2024, but if this account has grown from gifts over the years, make sure you're tracking that properly. Another strategy: if she has any investments that are currently at a loss, consider harvesting those losses this year to offset some of the gains. Even though she's subject to kiddie tax, capital losses can still offset capital gains dollar-for-dollar before the kiddie tax calculation even comes into play.
Great point about tax loss harvesting! I hadn't thought about that strategy. Since my daughter's account has grown significantly over the years, there are probably some individual positions that are at a loss even though the overall account is up. Would those losses offset the gains before the kiddie tax calculation kicks in, or does the kiddie tax apply to the gross gains regardless of any losses in the same year? Also, regarding the gift tax tracking - we've been contributing about $12,000 per year to her account since she was young, so we should be well under the annual exclusion limits. But should we be keeping formal records of these contributions in case it ever comes up?
Just want to add an important warning - NEVER give these callers any personal information and NEVER agree to pay anything! A friend of mine got scammed out of $2,400 because the caller knew some basic info about him (probably from data breaches) which made the call seem legitimate. The scammers had him buy Target gift cards and read the numbers to them over the phone. The real IRS will NEVER ask for gift cards as payment!
That's terrifying! Did your friend ever get any of that money back? I'm worried because my elderly mom gets these calls too and she sometimes gets confused about these things.
I've been dealing with these exact same calls! What helped me was creating an account on the IRS website (irs.gov) and checking my tax transcript directly - it shows your complete tax history and any balances owed. Since you received your refunds, you're almost certainly fine, but seeing it officially documented gave me complete peace of mind. Another red flag with these scam calls is that they often demand immediate payment and threaten arrest or asset seizure. The real IRS sends multiple written notices before taking any collection action, and they accept standard payment methods like checks or bank transfers - never gift cards or cryptocurrency. If you want to be 100% sure, you can also request a tax account transcript by mail using Form 4506-T. It's free and comes directly from the IRS, so you'll have official documentation of your tax status. Stay strong and don't let these scammers stress you out!
This is really helpful advice! I didn't know you could check your tax transcript online. I'm dealing with similar scam calls and have been worried even though I know they're probably fake. Quick question - when you log into the IRS website to check your transcript, does it show the current year's information right away, or does it take time to update after you file? I filed in February like the original poster but want to make sure I'm looking at the most current information.
Has anyone used TurboTax for their Turo business? Do they have a specific section for car sharing income or do you just put everything under general business income? Trying to figure out the easiest way to handle this.
I used TurboTax Self-Employed for my Turo income last year. There's no Turo-specific section, but it walks you through the Schedule C process pretty well. You'll list your income from the 1099 Turo sends, then enter all your expenses including depreciation. Just be prepared to categorize everything yourself - it won't know what expenses are typical for Turo hosting.
Thanks for the info! I was hoping they might have something specific for car sharing since it's getting more popular, but guess not. I'll try the Self-Employed version.
I've been doing Turo hosting for about 2 years now and went through the exact same concerns in my first year. The IRS absolutely recognizes legitimate car rental businesses on Schedule C, even with depreciation losses - the key is demonstrating business intent. Here's what helped me establish legitimacy: I kept detailed records of all rental activity, maintenance, and expenses; created a simple business plan showing how I intended to grow the operation; opened a separate business checking account; and documented my efforts to optimize listings and increase bookings. The depreciation losses are completely normal in the first few years of any asset-heavy business. What matters is that you're genuinely trying to make a profit and treating it like a business, not just using it as a way to write off your personal car expenses. Keep good records showing the percentage of business vs personal use, and you should be fine. Your CPA friend is right about hobby loss rules, but they mainly apply when someone clearly isn't trying to run a profitable business. If you're actively managing your Turo listings, responding to guests promptly, maintaining the vehicle for rental purposes, and generally operating like a business owner, you're well within legitimate territory.
This is really helpful advice! I'm just getting started with Turo and was worried about the whole business vs hobby thing. Quick question - when you say "separate business checking account," did you need to set up an LLC first, or can you just open a business account as a sole proprietor? I'm trying to figure out if I need to do the LLC paperwork right away or if I can start simpler and upgrade later.
Andrew Pinnock
Has anyone actually had the IRS question their return over this specific issue? I have the same problem with my W-2 but I'm wondering if it's worth the hassle of getting a corrected form if the IRS doesn't typically flag this.
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Angelica Smith
ā¢Yes, this can definitely trigger questions. I've seen cases where returns were flagged specifically because Box 10 exceeded the dependent care limit. The IRS automated matching system catches these discrepancies. While not everyone gets questioned, why take the risk? A corrected W-2 is your employer's responsibility. If they resist, mention that incorrect information reporting can subject them to penalties under IRC Section 6722. Most employers will correct the form once they understand their legal obligation.
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Andrew Pinnock
ā¢Thanks for the insight! I'll definitely push for a corrected W-2 then. Better to fix it now than deal with IRS questions later.
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Dmitry Smirnov
This is exactly why proper W-2 reporting is so important! I work in tax preparation and see this mistake frequently. Your employer definitely needs to issue a corrected W-2 because the IRS computers are programmed to flag dependent care FSA amounts over $5,000 in Box 10. The transportation benefits should have been handled completely separately - they reduce your taxable wages in Box 1 but don't belong in Box 10 at all. When you contact HR again, you can reference IRS Publication 15-B which clearly states that qualified transportation fringe benefits are reported differently than dependent care assistance. If you're filing soon and can't wait for the correction, you could file with Form 8862 attached explaining the employer error, but getting the corrected W-2 is definitely the cleaner approach. Don't let them tell you it "doesn't matter" - it absolutely does for IRS matching purposes.
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Gavin King
ā¢Thank you for the detailed explanation! This really helps clarify why getting the corrected W-2 is so important. I had no idea about Form 8862 as a backup option if my employer drags their feet on the correction. Quick question - when you mention IRS Publication 15-B, is that something I should print out and bring to HR to help explain why they need to fix this? I'm worried they might push back again since they seemed pretty dismissive when I first contacted them about it. Also, do you know roughly how long employers typically have to issue a corrected W-2 once they acknowledge the error? I'm hoping to file my return soon but want to give them a reasonable chance to fix it first.
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