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Based on my experience as a bookkeeper for several small businesses, I'd recommend getting a CPA first who specializes in IRS representation, then only escalate to a tax attorney if necessary. A good CPA will cost you $150-300/hour versus $350-600/hour for a tax attorney. The key here is going to be documentation. You'll need to prove: 1) The money was business income, not personal 2) The business properly reported the income on its tax return 3) You did not personally benefit from the income Gather all bank statements showing where the money was deposited, business records showing the sales were business transactions, and documentation of how the funds were used for business purposes.
Does this change if it's a sole proprietorship though? Since the business income passes through to the business owner's personal return anyway? I'm confused about how this works since technically the money would be taxed on someone's personal return either way.
Great question about sole proprietorships. You're right that the income ultimately flows to someone's personal return, but it matters WHO reports it. The income should flow through the Schedule C of the actual business owner (father-in-law), not OP. Even though it's all "personal income" eventually, the proper reporting chain matters. If reported incorrectly as OP's income, they're being taxed on money they never received or controlled. Plus, the father-in-law's business isn't showing its true income, which creates problems for both parties. The key is getting the income attributed to the correct taxpayer, even if both are individuals in the eyes of the IRS.
Has anyone dealt with the IRS Taxpayer Advocate Service for something like this? I've heard they can sometimes help when there's a clear documentation issue causing financial hardship. Would they be helpful in this case or is it better to go straight to a tax pro?
The Taxpayer Advocate Service can be amazing but they're extremely backlogged right now. I applied for help in January and didn't hear back until April. They're prioritizing cases with immediate hardship (like impending house foreclosure or can't afford medications). Based on what OP described, they might qualify if the tax bill is causing severe financial hardship, but I'd pursue multiple paths simultaneously rather than waiting on TAS.
Have you considered using a mail forwarding service that provides a physical address? I use one in Wyoming through a company called Wyoming Mail Forwarding for my e-commerce business. For about $200/year, I get a real physical address (not a P.O. box) that I can use for my business. They scan all mail, and I can decide what to forward to wherever I'm currently staying. The key is understanding that having an address is different from having nexus. If you're truly remote and don't have inventory, employees, or significant sales in a particular state, you might be able to avoid nexus there. But be carefulβeconomic nexus laws vary by state and many now have sales thresholds that can trigger tax obligations regardless of physical presence.
Do these mail forwarding services actually hold up if you get audited? I'm worried about setting something up that looks fishy to tax authorities.
Mail forwarding services are completely legal and legitimate for business addresses when properly used. The key is transparency and accuracy in your tax filings. You need to be truthful about where business activities actually occur, regardless of your official address. If you're audited, what matters is where you're conducting business operations, not just where your mail goes. If you claim Wyoming for tax purposes but are clearly operating from Connecticut, that would be problematic. However, many digital businesses can legitimately operate from anywhere. Document your work locations, keep records of travel, and consult with a tax professional to ensure you're handling multi-state issues correctly.
I went through exactly this last year. Ultimately chose Wyoming because: 1) No state income tax 2) No franchise tax (unlike Texas) 3) Strong privacy laws for owners 4) Relatively low registered agent fees I used a company called Wyoming Corporate Services that provided both registered agent service AND a physical address I could use for business purposes. Cost about $350/year total. One thing nobody mentioned - if you're planning to take investment soon, sophisticated investors will see through attempts to avoid state taxes if you're clearly based elsewhere. Focus on proper compliance rather than extreme tax avoidance. I ended up having to file as "foreign entities" in states where I had actual nexus anyway.
Thank you for sharing your experience! Great point about investors potentially seeing through tax avoidance strategies. Did you end up having to register as a foreign entity in multiple states despite having your Wyoming address? Were there any complications with banking or receiving payments with this setup?
Yes, I did end up registering as a foreign entity in California because I spent significant time working there (over 183 days). The Wyoming address wasn't an issue for banking - I used Mercury for business banking and everything was set up online. They just required my EIN, formation documents, and operating agreement. For payments, no complications at all. Most payment processors and platforms don't care about your physical address as long as you have proper business documentation. The biggest challenge was actually keeping track of where I was working throughout the year for tax purposes. I created a simple spreadsheet to log my location each week, which helped tremendously when tax season came around.
Don't overlook the possibility that your ownership situation might have changed over the years. I had a similar dispute with my accountant about Form 5471, and it turned out we were both partially right. In my case, there had been a corporate restructuring at the foreign company that slightly changed the ownership percentages, pushing US ownership temporarily over 50% for one tax year. So I did need to file for that year but not for others. Could there have been any changes to the corporate structure or ownership percentages that your CPA is aware of that might have triggered the filing requirement, even temporarily?
That's an interesting point! I've owned exactly 50% since the beginning with no changes to the ownership structure. The only change in my situation was becoming a US tax resident 4 years ago (I filed the 5471 that first year as required when acquiring stock as a US person). After that, there have been zero changes to ownership percentages or corporate structure.
Given there haven't been any ownership changes since your initial filing, your analysis looks even more solid. That initial filing when you became a US resident was correct (Category 3 for acquisition), but the ongoing yearly filings wouldn't be required if you don't meet any of the other categories. One more thing to consider - has the foreign corporation ever made any distributions or dividends to you during these years? Sometimes CPAs file Form 5471 if there are distributions because it provides a cleaner way to report them, even if technically not required. Might explain why they've been insistent on filing it.
The issue might be confusion about the "control" test for Category 4 filers. Some CPAs mistakenly believe that exactly 50% ownership constitutes "control" for Form 5471 purposes, but the IRS definition typically requires MORE than 50% for control. Check Section 957(a) of the tax code - a foreign corp is a CFC if more than 50% of the vote OR value is owned by US shareholders. At exactly 50%, you're right at the edge but don't cross the threshold. Your CPA might be filing "protectively" to avoid potential penalties, but that's an expensive approach if it's not actually required. I'd get a second opinion from a CPA who specializes in international taxation, not just a general tax preparer.
I work with international business structures and this is 100% correct. The control test for Category 4 requires MORE than 50% ownership, not exactly 50%. This is a common misconception among accountants who don't specialize in international taxation. That said, there's a specific rule for closely held companies where two 50% owners might both be considered to have "control" in certain circumstances. This usually applies when both owners are actively involved in management decisions. Is that the case with your foreign corporation? Do you and the other owner make joint decisions, or does one of you have more operational control?
For FreeTaxUSA specifically, you can actually put $0 in that field. I had the same issue and called their support line. The rep told me that if I don't maintain inventory (like in your case of just selling random household items), zero is perfectly fine to enter. It's just that their software won't let you leave it completely blank.
Thanks! That's exactly what I needed to know. Did they mention anything about whether putting zero might trigger any kind of review from the IRS? That's my main concern.
The rep actually addressed that directly - putting $0 won't trigger any IRS flags by itself. They said what typically raises questions is inconsistency (like reporting high revenue with zero expenses) or unusual patterns. For casual sellers, zero inventory is completely normal and expected. Just make sure the rest of your Schedule C accurately reflects your activity - if you're truly just selling personal items occasionally, your expenses should be minimal and your profit margins would make sense for a casual seller rather than a regular business.
I'm a little confused about all this - if you're just selling your own stuff on eBay shouldn't this be considered just selling personal items? I thought you only need to report as business income if you're buying stuff to resell for profit?
That's technically correct. If you're selling personal items for less than you paid for them, it's not considered income and doesn't need to be reported on Schedule C. But if you got a 1099-K from eBay (which they now issue for $600+ in sales), you generally need to report it somewhere on your return to avoid a mismatch notice.
Raul Neal
One thing nobody's mentioned yet - depending on what type of lending you're planning to do, you might want to consider creating a new LLC anyway for liability purposes. When I moved from consulting to investing activities, my attorney suggested keeping them separate because the risk profiles are so different. With lending especially, if someone defaults and things get messy, you don't want that liability potentially affecting assets in your original business. The cost of forming a new LLC is pretty minimal compared to the protection it provides.
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Jenna Sloan
β’I've heard conflicting advice about this. Wouldn't having multiple LLCs mean multiple annual fees, multiple tax filings, etc? Is it really worth the hassle just to separate different types of business activities?
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Raul Neal
β’It does mean additional annual fees and separate tax filings, but those costs need to be weighed against your risk exposure. For lending activities specifically, the risks can be significant. If a loan goes bad and there's litigation, having that activity in a separate LLC helps shield your other assets and business ventures. The administrative overhead is something to consider, but most accounting software makes it fairly manageable to maintain separate books. Many states have reasonable annual LLC fees (though some like California are expensive). I've found the peace of mind worth the extra few hundred dollars annually. It's especially important if one activity is high-risk (like lending) while the other is relatively safe.
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Christian Burns
Has anyone had experience with changing their LLC's business activity in Texas specifically? I've heard we're more relaxed about this stuff, but I'm not sure if there are any Texas-specific forms I need to file.
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Sasha Reese
β’Texas is indeed pretty business-friendly. I changed my LLC from retail to consulting last year. You don't need to file any amendment with the Secretary of State unless you're changing the actual name of your LLC. The business purpose statement on Texas LLC forms is usually broad enough to cover almost any legal business activity.
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Christian Burns
β’Thanks for the info! That's a relief to hear. Did you have to update anything with the Comptroller's office for franchise tax purposes? I'm wondering if changing activities might affect how I file those reports.
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