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Ask the community...

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Mason Stone

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Don't forget about the Modelo 210 form - it's what non-residents use to declare their Spanish income tax. You need to file this even if you're not renting the place out! Spain assumes you're getting some benefit from owning the property even when it's empty, so they tax you on a "deemed income" basis during periods when you're not actively renting it out. The calculation is based on your property's cadastral value (kind of like assessed value). Also, watch out for the timing - you generally need to file by December 31 for the previous year's income, but if you're reporting rental income, the deadlines can vary depending on when you received the income.

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Is Modelo 210 something I can file online or do I need to physically go to a Spanish tax office? I'm planning to buy but won't be in Spain more than a few weeks each year.

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Mason Stone

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You can definitely file the Modelo 210 online through the Spanish Tax Agency's website. You'll need to get an NIE (Foreigner Identification Number) first, which is required for property purchase anyway. Many non-residents also use a "fiscal representative" in Spain - basically an accountant or lawyer who handles the filing for you. This is often the easiest option if you're only there a few weeks a year. Most of the online filing system is available in English now, which is a big improvement from when I first bought my place five years ago. But the translations can be a bit confusing sometimes, which is why many people just hire a local tax advisor for a few hundred euros per year.

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Has anyone here dealt with inheritance tax in Spain? My parents are considering buying a place in Mallorca but are concerned about what happens if one of them passes while owning the property. I've heard horror stories about Spanish inheritance taxes being really high for non-residents.

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Emma Olsen

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I went through this when my uncle passed and left his Malaga apartment to my cousin. Inheritance tax in Spain varies HUGELY by autonomous region - some regions like Madrid and Andalusia have big exemptions, especially for close family members. But as non-residents, you don't automatically get all the same benefits as residents. The good news is that in 2018, the rules changed to allow non-EU residents to benefit from regional tax rules instead of just the national ones, which are usually less favorable. So definitely check the specific inheritance tax rules for Mallorca (in the Balearic Islands region).

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Thank you so much for this info! I had no idea the rules had changed in 2018 - that's a huge relief. I'll definitely look into the specific rules for the Balearic Islands. Did your cousin end up paying a lot in inheritance tax, or were they able to take advantage of the regional exemptions even as a non-resident?

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Has anyone worked with a specialized R&D tax credit firm vs doing it yourself or using software? We're debating between hiring a specialized firm (charging 25-30% of the credit) vs trying to handle it internally with some software assistance.

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Omar Mahmoud

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We used [firm name] last year and they found about $180k in credits, but charged us $54k (30%). They handled everything including amending prior year returns. The documentation they prepared was really thorough which helped when we got some questions from the IRS. Expensive but worth it for the peace of mind.

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That's helpful to know. The 30% fee sounds high but having thorough documentation that stands up to IRS scrutiny seems worth it. Did they help with both the technical and financial documentation aspects? I'm also wondering about the amending prior years - did that cause any complications or did it go smoothly? We're considering going back to claim 2022 credits we missed.

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Chloe Harris

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Question for everyone - with the Section 174 capitalization requirements, has anyone found a good accounting software that properly handles tracking these R&D expenses separately? Our current system doesn't seem to have caught up with these tax changes.

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Diego Vargas

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We've been using QuickBooks with custom accounts set up specifically for R&D. Created separate accounts for domestic R&D (5-year amortization) and foreign (15-year). Then set up amortization schedules in Excel that feed back to our monthly journal entries. Not perfect but it works.

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Chloe Harris

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Thanks for the suggestion! That makes sense - creating custom accounts seems like a practical workaround. I'm still hoping software providers will catch up with better built-in solutions for these R&D tracking requirements. Our controller wasn't thrilled about the manual Excel approach but I guess that's what we'll need to do for now. Did you run into any challenges with mid-year R&D expenses and when to start the amortization?

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Wanted to add another perspective - I've been dealing with foreign tax credits for over a decade (income from Japan and occasionally Australia). The confusion often comes from the difference between the "regular" foreign tax credit and the "simplified" foreign tax credit. If you use the Simplified procedure (which is available if your foreign income is only from passive investments and under certain thresholds), there are different rules. But for regular foreign income like yours that requires Form 1116, the carryforward absolutely applies to all US tax liability in future years. Your preparer might be thinking of a different limitation, but they're still wrong. I'd recommend either finding a new preparer who specializes in international taxation or using good tax software that handles this correctly.

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NeonNova

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This makes sense. I'm wondering if my preparer is confusing different rules. Do you have any recommendations for tax software that handles Form 1116 and foreign tax credit carryforwards properly?

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In my experience, TaxAct Premium handles Form 1116 and foreign tax credit carryforwards correctly. It walks you through the proper allocation of carryforwards and applies them appropriately to your current year US tax liability. I've also heard good things about TaxSlayer Premium for international tax situations, though I haven't personally used it. The key is to make sure you're using a premium or top-tier version of whatever software you choose, as the basic versions often don't include the proper support for Form 1116.

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Yara Sabbagh

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Just a quick word of caution - make sure you're allocating your foreign tax credit to the right category (general, passive, etc.) on Form 1116. This is another area where tax preparers often make mistakes. Based on your description, your Japan income sounds like general category income (assuming it was for work/services). If you incorrectly categorized it in 2023, that could affect how the carryforward works. Might be worth double-checking your 2023 return to make sure the income was properly categorized before applying the carryforward to 2024.

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This is excellent advice. I messed this up years ago with my Hong Kong income and it caused a huge headache. Had to amend returns because my preparer put everything in passive category when most should have been general.

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Yuki Sato

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Former Liberty Tax preparer here. At our office, we would definitely fix this mistake at no cost, but refunds were on a case-by-case basis. Typically, we'd offer 15-20% refund for inconvenience on something like a name error that's relatively simple to fix but still requires an amendment. $675 sounds about right for a business return depending on complexity and your location. If you had multiple schedules, rental properties, or depreciation schedules, that's actually reasonable. Make sure the amendment is filed via certified mail so you have proof of submission. Also get written confirmation that they're waiving any amendment fees. If they give you any trouble, ask to speak with the franchise owner directly - they have more authority than the preparers or managers.

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Carmen Ruiz

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Is it normal for tax preparers to charge so much? I've been filing my S-Corp taxes with TurboTax for $170. Am I missing something by not using a professional?

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Yuki Sato

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It depends entirely on your business complexity and comfort level with tax regulations. TurboTax works well for straightforward businesses with minimal special situations. Where professionals provide value is with tax planning, specialized deductions, complex allocations, and having someone to represent you if questions arise. If you're confident in your understanding of business tax rules and your return is relatively straightforward, software might be sufficient. But many business owners find professionals help identify deductions and planning opportunities that more than offset their fees. Also, having representation during notices or audits can be invaluable for complex business structures.

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I had almost the exact same issue with HR Block last year. They transposed digits in my EIN and it was a nightmare to fix. Here's what worked for me: 1) Document EVERYTHING including all communications 2) Be polite but FIRM - ask to speak with the office manager immediately 3) Request they cover all costs for the amendment AND provide a 50% refund for the inconvenience 4) If they refuse, mention that you'll be filing complaints with: - Better Business Bureau - Your state's accountancy board - Corporate headquarters customer service - Social media reviews They initially offered just a free amendment but bumped it to a 30% refund when I mentioned these steps. The key is staying calm but being absolutely clear that their error is costing you time and potential penalties.

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Do you think its worth getting a lawyer involved? My cousin is an attorney and said I could have him send a letter for free.

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In my experience, involving a lawyer should be your absolute last resort, not your first step. A strongly worded attorney letter might get immediate attention, but it also immediately creates an adversarial relationship that can make an amicable resolution harder. I'd recommend following the escalation chain first - preparer → office manager → corporate customer service. Most tax preparation chains have established protocols for handling errors and want to preserve their reputation. Save the legal approach for if they flatly refuse to address the issue after you've exhausted normal channels. Even a free lawyer letter from your cousin changes the dynamic significantly.

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Caleb Stone

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Our company faced this in 2022 with employees in California and New York (both were credit reduction states). The key is gathering your proof of state unemployment tax payments - specifically copies of all quarterly contribution reports and payment confirmations. We organized them by state and quarter, then sent a certified package to the IRS address on the notice with a cover letter explaining that we had paid all state unemployment taxes. Included our EIN and the notice number on everything. It took about 45 days, but they reversed the additional FUTA tax assessment.

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Thanks for this detailed advice! Did you also need to submit a revised Form 940 for 2022, or was providing the proof of state payments enough? I'm wondering if I need to get our accountant involved to redo any filings.

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Caleb Stone

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We didn't need to submit a revised Form 940. The documentation of state payments was sufficient since we had already filed the original Form 940 correctly - the issue was just that the states hadn't reported our payments to the IRS. I'd recommend having your accountant review the documentation package before submission though. In our case, our accountant noticed that we needed to include Schedule A of Form 940 to properly document the credit reduction states where we had employees. This was crucial for getting the assessment reversed.

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Daniel Price

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I'm confused about one thing - how do you know which 5 states are causing the issue? Does the IRS notice specifically tell you which states didn't report the unemployment info? We just got a similar notice but it doesn't list the specific states.

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Olivia Evans

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Look at Box 16 on the notice - it should list the "Credit Reduction States" that are causing the issue. For 2022, there were specifically 5 states that had FUTA credit reductions: California (0.9% reduction), Connecticut (1.5%), Illinois (1.2%), New Jersey (1.8%), and New York (1.2%). If your notice doesn't specify, you'll want to gather documentation for any of these 5 states where you had employees in 2022.

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