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Just wanted to add my experience as someone who's been through this: What really helped me prove bona fide residency status was maintaining clear documentation of my integration into local society. I was in Argentina on a series of student and then work visas for 7 years. The documentation that made the biggest difference included: - Continuous lease agreements - Local utility bills in my name - Bank statements from my Argentinian accounts - Membership in local organizations - Tax filings to the Argentinian government Even though my visas were technically temporary and renewable, showing that I was living a normal life as a resident rather than just "visiting" was what mattered to the IRS.
Did you have any issues with trips back to the US during that time? I'm working in France but typically go back to the US for about 3 weeks each year for holidays with family. Worried this might disqualify me.
Short trips back to the US won't disqualify you from bona fide resident status. That's actually one of the main advantages of using the bona fide resident test instead of the physical presence test. I typically spent 3-4 weeks in the US every year visiting family, and it never affected my foreign earned income exclusion eligibility. What matters is that your "tax home" remains in France and that these visits are genuinely temporary. Document that your life is centered in France - your housing, banking, social connections, etc. The IRS understands that foreign residents still visit their home country. Just be careful not to make statements to US officials suggesting you're just "temporarily" overseas, which could contradict your bona fide resident claim.
Has anyone used the streamlined procedure to deal with past years where they might have incorrectly not claimed the FEIE? I've been in Indonesia for 5 years but only recently realized I should have been filing US taxes (I'm a dual citizen and was confused about requirements).
Yes, I used the streamlined foreign offshore procedures after living in Germany for 3 years without filing. It was fairly straightforward - filed last 3 years of returns claiming FEIE, included a statement explaining my non-willful conduct, and submitted form 14653. No penalties and got everything resolved cleanly.
I'm a real estate investor who's done several deals through my self-directed IRA, and yes, UBTI is a legitimate concern. Here's what's happening in your case: When an IRA invests in an LLC that uses leverage (debt/mortgages) to purchase property, the portion of income attributable to that debt financing becomes subject to UBTI tax. This is called "acquisition indebtedness" in tax terms. The EIN is required because technically your IRA becomes a separate taxable entity for UBTI purposes. Your IRA custodian should have explained this upfront. The real question is whether this setup makes sense for you. With smaller investments, the UBTI tax and administrative costs can outweigh the benefits. For larger investments, the leverage benefits might outweigh the tax costs. Ask your CPA to calculate the effective return both ways - with direct cash investment vs. IRA with UBTI tax impact.
Would it be better to just use a Roth IRA for this kind of real estate investing? Does UBTI still apply with Roth accounts? Trying to figure out the best structure before I get started.
UBTI rules apply equally to both Traditional and Roth IRAs - there's no advantage to either type when it comes to UBTI taxation. The difference is that with a Traditional IRA, you'll eventually pay taxes on distributions anyway, while with a Roth, you'd normally never pay taxes on qualified distributions. This makes UBTI potentially more disadvantageous in a Roth because you're paying taxes on money that would otherwise grow completely tax-free. However, if the leveraged real estate investment significantly outperforms other potential investments even after UBTI tax, it might still be worthwhile in either account type.
Has anyone here used a "checkbook IRA LLC" structure for real estate? I'm wondering if that approach changes anything with the UBTI requirements the original poster is asking about. My financial advisor mentioned it as an option but couldn't explain the tax implications clearly.
I used the checkbook IRA LLC structure for several years. The UBTI rules still apply exactly the same way - if there's debt-financing involved in the real estate, you'll trigger UBTI regardless of whether it's a direct IRA investment or through a checkbook LLC. The checkbook structure gives you more control over the investments but doesn't change the tax treatment. You'll still need an EIN for UBTI reporting purposes if applicable.
Another thing to consider is your long-term financial goals. If you're planning to claim education tax credits like the Lifetime Learning Credit or the American Opportunity Credit, make sure the capital loss deduction doesn't interfere with those. Sometimes lowering your AGI too much can affect your eligibility for certain credits.
That's really helpful advice! We do claim education credits each year. Would taking the capital loss deduction potentially mess with those benefits? What should I watch out for?
Generally, lowering your AGI with capital losses is actually beneficial for most education credits since many have income phaseout limits. The American Opportunity Credit starts phasing out at $80,000 for single filers and $160,000 for joint filers, while the Lifetime Learning Credit begins phasing out at $80,000 for single and $160,000 for joint filers. Capital losses that reduce your AGI could potentially help you stay under these thresholds if you're close to them. However, if your income is already low, you should ensure you have enough tax liability for non-refundable credits to be applied against. The AOTC is partially refundable, but the LLC is not refundable at all.
Just be careful with the timing... if you sell in December 2024, remember you'll need to realize any offsetting gains also in 2024. If you wait until January to sell, the loss will count for your 2025 taxes instead. This bit me last year when I sold some losers in December thinking I was being smart but then realized gains in January, so I couldn't offset them!
Question - does it matter which lots you sell if you bought the same stock multiple times? Do you have to sell everything or can you pick which purchases to sell?
One important thing nobody's mentioned yet - your 1042-S might have income that's partially or fully exempt from US tax due to a tax treaty! This depends on your country of citizenship and visa status. Look at box 10 on your 1042-S when you get it - it will show the treaty article and sometimes a code that indicates what portion is exempt. You'll still report the full amount on your tax return, but you'll also complete Form 8833 to claim the treaty exemption. Also check if your fellowship is "qualified" - some fellowship amounts for tuition and required fees might not be taxable income at all. This gets complicated fast, so you might want professional help with this part.
Thanks for bringing up the treaty benefit possibility! I'm from Sweden, and I believe there is a tax treaty, but I'm not sure how it applies to fellowship income. My visa is J-1 research scholar. Would that potentially make some of my fellowship exempt? Also, my fellowship covers tuition remission separately from my stipend. The stipend is what will be on the 1042-S. Does that change anything?
Yes, Sweden definitely has a tax treaty with the US, and J-1 research scholars often qualify for benefits! Under Article 20 of the US-Sweden treaty, you may be eligible for an exemption on your fellowship income for up to two years. Regarding your stipend versus tuition remission - that's actually ideal! If the tuition remission is paid directly to the university, it's not considered taxable income to you at all and shouldn't appear on your 1042-S. The stipend portion on your 1042-S may be partially or fully exempt under the treaty. When you get your 1042-S, check if Box 3 (type of income) shows a code like "16" (scholarship/fellowship) and if Box 10 shows "20" (for Article 20) - that would indicate treaty benefits were applied.
Has anyone used TurboTax for filing with both 1042-S and W-2? Wondering if it handles this situation correctly or if I need to go to a professional?
I tried using TurboTax for this exact situation last year and it was a nightmare. It kept trying to treat my fellowship as self-employment income and wanted me to pay self-employment tax on it. Ended up having to go to a CPA who specializes in international tax issues and he found that TurboTax had miscalculated my tax by over $3000!
Niko Ramsey
Make sure you keep ALL your receipts and get itemized billing. I had a similar situation with a jaw surgery that was partially covered. The oral surgeon wrote a letter explaining the medical necessity of correcting my bite for TMJ but acknowledged the cosmetic improvement too. I was able to deduct about 70% of the total cost. Also remember you need to itemize deductions to claim this, so if you take the standard deduction it won't help you.
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Scarlett Forster
ā¢Thanks for sharing your experience! Did your surgeon break down the cost by percentage or did they actually itemize specific parts of the procedure as medical vs. cosmetic? I'm trying to figure out how detailed this needs to be.
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Niko Ramsey
ā¢My surgeon provided both. The itemized bill showed specific charges for each part of the procedure, and his letter indicated which aspects were medically necessary with a rough percentage estimate. The most important part was his documentation of medical necessity for specific portions. The IRS doesn't require a precise percentage calculation, but they do need sufficient documentation to show what portion was medically necessary versus purely cosmetic. Make sure your doctor clearly explains why certain aspects of the surgery address a functional medical issue rather than just appearance.
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Seraphina Delan
Don't forget timing matters too! For the 2025 tax year, you can only deduct medical expenses that exceed 7.5% of your adjusted gross income. So if your AGI is $80,000, you'd need more than $6,000 in medical expenses before you could start deducting anything. And you'd need enough other itemized deductions to exceed the standard deduction ($13,850 for single filers in 2024, probably higher for 2025).
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Jabari-Jo
ā¢Is there any advantage to trying to bunch medical expenses in one tax year rather than spreading them out? Like if I'm having this surgery in January 2025, would it be better to prepay some costs in December 2024?
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