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Based on your detailed situation, you definitely have a strong case for the Bona Fide Residence Test. Your permanent resident visa status since 2016, long-term property lease, and continuous residence since 2012 are all excellent supporting factors. One thing I'd add to the great advice already given - when you make the switch, be prepared to explain the timing if asked. The IRS might wonder why you're changing methods now after 5 years of using Physical Presence. A simple explanation like "I now realize my situation better qualifies for Bona Fide Residence and want to use the most appropriate test" is perfectly fine. Regarding your concern about not paying local income tax - this actually works in your favor in some ways. It shows you're properly following local tax laws (many countries don't tax foreign-source income for residents), and it doesn't create any conflicting tax obligations that might complicate your US filing. I'd recommend keeping a simple log of your US visits going forward - not because there's a strict day limit with Bona Fide, but because it helps demonstrate that your foreign residence remains your primary home. The flexibility to spend more time with family in the US is exactly why Bona Fide Residence can be superior to Physical Presence for people in your situation.
Your situation looks really solid for the Bona Fide Residence Test! As someone who made a similar switch a few years ago, I'd say go for it. Your permanent resident visa and property lease are huge advantages. One quick tip - when you file Form 2555 using Bona Fide for the first time, make sure to attach a brief explanation of your living situation. I included a one-page summary with mine explaining my visa status, housing arrangement, and community ties. It probably wasn't necessary, but it gave me peace of mind and I never heard anything back from the IRS. The freedom to spend more time in the US is worth it. I went from being stressed about every trip home to being able to attend family events without constantly counting days. Just keep your foreign residence as your clear primary home and you should be fine. Also, don't overthink the local tax situation - many expats are in similar positions where they don't owe local taxes on foreign income. The IRS understands this is common with different countries' tax systems.
This is really helpful advice! I'm curious about that one-page explanation you mentioned - what specific details did you include? I'm thinking of doing something similar when I make the switch. Did you focus more on the legal requirements (visa type, property ownership) or the practical aspects (community involvement, daily life routine)? I want to be thorough but not overwhelm them with unnecessary information.
Just to add another option - have you considered checking if your situation qualifies for relief under the US-UK tax treaty? Depending on your specific activities, you might be able to claim treaty benefits that could eliminate some filing requirements or reduce taxes. The concepts of "permanent establishment" in the treaty could be relevant here.
The tax treaty won't eliminate the filing requirements though, right? You'd still need to file returns to claim the treaty benefits in the first place?
You're absolutely right - the treaty benefits don't eliminate filing requirements, they just potentially reduce the tax liability. You'd still need to file Form 1065 for the partnership and the individual 1040-NR forms for each partner to actually claim those treaty benefits. The treaty might help reduce withholding rates on certain types of income, but all the reporting obligations remain the same.
This is a really complex situation that I've been dealing with myself. One thing I'd strongly recommend is making sure you understand the timing requirements for some of these filings. Form 8858 for disregarded entities has to be filed by the due date of the owner's return (including extensions), and if you miss it, there are automatic penalties that can be pretty steep - $10,000 per form per year. Also, don't forget about state-level implications. Even if your LLC is disregarded for federal purposes, some states might still require separate filings or have different rules for foreign-owned entities. You'll want to check the specific requirements in whatever state your LLC is formed in. The withholding requirements mentioned by others are crucial too - if you have effectively connected income and don't properly withhold on your foreign partners' shares, you could be looking at penalties on top of the taxes owed. It might be worth getting professional help given all the moving pieces here.
This is really helpful - I had no idea about the $10,000 penalty for missing Form 8858! That's exactly the kind of detail that could really hurt if you're not aware of it. Do you know if there's any relief available for first-time filers or reasonable cause exceptions for these penalties? With all the complexity around foreign-owned disregarded entities, it seems like it would be easy to miss something important like this filing deadline. Also, when you mention state-level implications - are there any states that are particularly problematic for this type of structure? We're considering forming in Delaware but want to make sure we're not walking into additional complications.
Has anyone tried using the tax transcript request on the IRS website instead of calling? I find it super helpful to see what the IRS actually has on file before panicking about broker reporting errors.
This is a really frustrating situation, but I think I can help clarify what's happening. Based on your description that you bought BITI shares 2 weeks before you started selling, you're actually experiencing a textbook wash sale scenario - even though it feels counterintuitive. Here's the key: when you sold your older BITI shares at a loss, the wash sale rule kicked in because you had purchased "substantially identical" securities (more BITI) within the 30-day window before those sales. It doesn't matter that you eventually sold everything - each sale transaction is evaluated independently. What likely happened is this: Your losses from selling the older shares got disallowed and added to the cost basis of the newer shares you bought. When you eventually sold those newer shares, you should have gotten credit for those previously disallowed losses through the adjusted basis. The $30k disallowance doesn't mean you lost that deduction forever - it just got deferred. I'd recommend carefully reviewing your 1099-B to see if the basis adjustments for your final sales properly reflect the wash sale additions. If the math doesn't add up, then you might have grounds to dispute it with your broker. The key is making sure those disallowed losses eventually got recognized when you sold out completely.
The IRS website clearly states that if your DDD is a weekday, the funds are sent to your bank ON THAT DAY. It takes 1-5 business days for your bank to process. Some banks make funds available immediately, others take their sweet time. The IRS has zero control over when your bank makes the funds available to you after they send it.
I'm dealing with the same anxiety! My DDD is also 3/15 and I keep refreshing my account every hour. From what I've learned lurking in this community, it really does depend on your specific bank's processing schedule. Some people get theirs at midnight, others have to wait until the afternoon batch processing. The hardest part is just not knowing your bank's exact timing. But everyone seems to agree that calling won't speed anything up - the money hits when it hits. Hang in there, we're all in this waiting game together! š¤
Gianna Scott
This is why I switched to a small local CPA. I was paying H&R Block around $400-500 for my 1099 returns, and my local accountant now charges $275 for the same service with better advice. Those big chains prey on people who don't know better and add on unnecessary services.
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Alfredo Lugo
ā¢Same! Found a retired IRS agent who does taxes on the side for $225 flat fee for my 1099-NEC and Schedule C. Definitely recommend looking for independent preparers if you want to save money but still get professional help.
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LordCommander
$1,300 is definitely excessive for your situation! I've been doing 1099 work for several years and have never paid anywhere near that amount. Even with unemployment income added to the mix, you should be looking at maybe $200-400 per year maximum at most tax prep services. The fact that they didn't discuss pricing upfront is a huge red flag. Legitimate tax preparers should always provide a clear fee schedule before starting any work. Since you haven't signed anything, you absolutely can walk away and take your documents elsewhere. For future reference, if you decide to file yourself, TurboTax Self-Employed handles 1099 income really well and costs around $120 per year. It walks you through all the deductions you can claim as an independent contractor. For unemployment income, that's actually pretty straightforward to report - it's just additional income that gets added to your return. Don't let them pressure you into paying those outrageous fees. Get quotes from at least 2-3 other preparers or seriously consider doing it yourself with good tax software.
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