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Another option you could consider is forming an S-Corp instead of a partnership. That would allow you to be both an owner AND an employee. You could take a reasonable W-2 salary (saving on SE tax for amounts above that salary) and then take distributions for the rest of your share. Obviously there are other factors to consider with entity selection, but I switched from a partnership to an S-Corp specifically because of this salary issue and it's saved me thousands in self-employment taxes.
We actually considered the S-Corp route but decided against it because my partner wants certain tax loss pass-through benefits that work better in a partnership structure. But you're right that it would solve the salary situation more cleanly!
I went through this exact situation when I started my consulting partnership. The guaranteed payment route that Keisha mentioned is definitely the right approach - it's specifically designed for situations like yours where one partner is doing the operational work. One thing I'd add is to make sure your partnership agreement specifies that these guaranteed payments are made regardless of partnership profitability. This protects your monthly income even if the business has a slow period. We learned this the hard way when our first quarter was rough and my partner questioned whether I should still get paid. Also, consider setting up a separate business checking account just for your guaranteed payments. It makes the bookkeeping much cleaner and helps with quarterly tax planning. I transfer 35% of each payment to a tax savings account immediately - better to overestimate than get hit with penalties. The IRS has some good examples in Publication 541 that show exactly how guaranteed payments work in different scenarios. Worth reading before you finalize your partnership agreement!
This is really helpful advice about protecting the guaranteed payments regardless of profitability! I hadn't thought about that scenario but you're absolutely right - we need to make sure the agreement is clear that these payments continue even during lean months. The separate checking account idea is brilliant too. Right now we're just planning to use our main business account for everything, but I can see how tracking would get messy quickly. Did you set up the tax savings account under your personal name or keep it as a business account? I'll definitely check out Publication 541 - thanks for the specific reference! It sounds like there are a lot of nuances to get right in the partnership agreement language.
Just a quick heads up that the penalties for not filing Form 8865 when required are pretty brutal. We missed filing it for our Australian partnership and got hit with a $10,000 penalty per year plus reduced foreign tax credits. If you have any doubt at all, it's better to file the form than risk the penalties.
Mae, you're absolutely right to be confused - this is one of those areas where the terminology can be really misleading! To add to what others have said, the IRS definition of "foreign partnership" is very specific and literal - it's only about where the partnership entity was legally formed/organized, period. Your Delaware LLC is definitely domestic for tax purposes. However, there are a couple of additional things to keep in mind with a foreign partner: 1. Your partnership will likely need an EIN if you don't already have one 2. You'll need to determine if your UK partner has a US tax identification number (ITIN or SSN) for the K-1 3. As others mentioned, there may be withholding requirements under Section 1446 depending on your business activities The good news is that having a foreign partner in a domestic partnership is actually pretty common and well-established in tax practice. Just make sure you're working with someone who understands the withholding rules - that's usually where people trip up, not on the Form 8865 question you originally asked about.
Has anyone here tried connecting their accounting software with their bank? My CPA recommended it but I'm worried about security issues.
I've had my QuickBooks connected to my business checking and credit cards for three years with no problems. The time saved on manual entry is HUGE. Just make sure you still review the auto-categorization because it gets things wrong sometimes. I set aside 15 minutes every Monday to check the previous week's transactions.
This is such an encouraging story! As someone who also struggled with QuickBooks initially, I can totally relate to that feeling of everything just "swimming together." The balance sheet was like a foreign language to me. I'm curious - what specific AI tool did you end up using? I've been hesitant to try AI for accounting stuff because I wasn't sure how reliable it would be for financial decisions. But your experience sounds really positive, especially the part about being able to ask follow-up questions without judgment. For other woodworkers reading this - did you find any industry-specific challenges when setting up your books? I'm thinking about things like tracking raw materials inventory, handling custom orders, or dealing with the seasonal nature of some woodworking businesses. Would love to hear how you approached those aspects!
Hey Everett! I'm not the original poster, but I wanted to jump in since I've been following this thread closely as someone also new to small business accounting. The woodworking inventory question really resonates with me - I run a small craft business and tracking raw materials has been one of my biggest challenges. From what I've learned lurking in various business forums, many woodworkers struggle with properly valuing their inventory, especially when you have partially completed projects sitting around. I'm really curious about the AI tool Josef used too. There seem to be several options mentioned in this thread (like taxr.ai), but I'd love to hear more specifics about which one actually helped with the conceptual understanding rather than just fixing errors. The "no judgment" aspect you mentioned sounds incredibly valuable for someone like me who's still learning the basics. Have you found any good resources specifically for creative/craft businesses? I feel like the standard accounting advice doesn't always translate well to our type of operations.
This whole conversation is making my head spin. I looked into this same thing and the complexity/cost made me abandon the idea. Between GILTI, Subpart F, 962 elections, PFIC rules, annual reporting... I just keep my business structure simple now. In my experience, smaller businesses (<$5M revenue) often spend more on compliance and international tax experts than they save with these structures. The rules are designed to make it difficult for exactly the scenario you described. Just something to consider before going down this rabbit hole. Maybe explore other visa options that don't require such complex tax structures?
What other visa options did you find? I'm in a similar boat and the complexity of international tax seems overwhelming.
I've been through this exact scenario and want to share some practical insights. The complexity everyone's discussing is real, but it's manageable with the right approach. First, regarding your CPA's $12K quote - that's actually reasonable for comprehensive international tax planning. I paid similar amounts and it saved me significantly more in avoided penalties and optimized structures. The issue isn't the cost, it's finding someone who specializes in this area rather than a generalist CPA. On the technical side, your assumption about undistributed funds being shielded is unfortunately incorrect. Under current rules (post-2017 Tax Cuts and Jobs Act), the US has largely eliminated tax deferral for CFCs. GILTI inclusions happen annually regardless of distributions, and the rates can be substantial depending on your structure and jurisdiction. However, there are legitimate ways to optimize this. The Section 962 election mentioned above is huge - it can reduce your effective tax rate on foreign earnings from individual rates (up to 37%) down to corporate rates (21% base, potentially lower with deductions). The foreign tax credit calculations become complex but can provide significant relief in higher-tax jurisdictions. My recommendation: start with the comprehensive analysis (whether through a specialist or service like the ones mentioned), understand your actual tax liability under different scenarios, then decide if the benefits still justify the complexity. Don't make structural decisions based on outdated information about how these rules work.
Zoe Papadopoulos
Think of the 'still processing' message like a waiting room at a doctor's office. You're in the building, but not yet with the doctor. Your return is like a patient in that waiting room - it's in the IRS system, but not actively being reviewed by an agent yet. Have you tried checking your tax transcript instead? Sometimes it shows more detailed status information than the WMR tool, similar to how a nurse might check your vitals before the doctor sees you.
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Jackie Martinez
I've been dealing with this same situation for about 12 weeks now. Filed my amended return in December to claim some missed deductions, and it's been stuck on "still processing" ever since. What I've learned from calling the IRS (after multiple 3+ hour wait times) is that the message really is just a generic placeholder. The agent told me my return is actually in their "Error Resolution System" which handles all amended returns, and they work through them in the order received. She couldn't give me a specific timeline but confirmed it was moving through their system normally. The frustrating part is that unlike regular returns where you get status updates, amended returns basically stay silent until they're done. I've started checking my transcript weekly instead of the "Where's My Amended Return" tool since it sometimes shows processing codes before the online status changes.
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Noah Irving
ā¢Thanks for sharing your experience with the Error Resolution System - I had no idea that's what they called it! The 12 week wait must be incredibly frustrating, especially when you're expecting those deductions. I'm curious, when you check your transcript weekly, are there specific codes you look for that might indicate progress? I just filed my first amended return last month and I'm already getting anxious about the long wait ahead.
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