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Remember that you might be able to reduce your adjusted gross income (AGI) to minimize the amount you have to pay back. Look into: 1. Contributing to a traditional IRA or SEP IRA if you qualify 2. Taking all eligible business deductions (home office, mileage, etc.) 3. Health insurance premium deductions for self-employed people I was in a similar situation last year and managed to get my income under the 400% FPL threshold by making a last-minute SEP IRA contribution, which saved me from having to repay my entire subsidy.
Thanks for these suggestions. I've been tracking business expenses but wasn't thinking about retirement contributions. Do you know if I can make these contributions up until the tax filing deadline and still have them count for last year?
Yes, you can make traditional IRA contributions until the tax filing deadline (usually April 15) for the previous tax year. For SEP IRAs, you can actually contribute until the extended filing deadline (October 15) if you file for an extension. This is one of the best strategies for self-employed people who end up with higher income than expected. Just make sure you have enough earned income to qualify for the contribution amounts. A good tax professional can help you calculate exactly how much you need to contribute to get under specific income thresholds for the premium tax credit.
One thing nobody's mentioned - make sure you're calculating your income correctly for healthcare.gov purposes. It's based on Modified Adjusted Gross Income (MAGI), which is different from your gross business income. For self-employed people, you subtract your business expenses from your gross receipts first. So that $18,000 project might actually add a lot less to your MAGI once you factor in the expenses associated with earning that income.
I set up a Belize IBC for forex trading back in 2021 and wanted to share some practical advice. The regulatory benefits (higher leverage) worked great, but the tax situation was a NIGHTMARE. First, most "offshore experts" don't understand how GILTI works for trading entities. I ended up owing nearly the same US tax I would have without the structure, PLUS had $12K in annual compliance costs between the foreign registered agent, specialized tax preparation, and legal reviews. Also, be extremely careful about which foreign broker you use. Many won't accept entities from certain jurisdictions due to their own regulatory requirements. I had to switch brokers twice, which was incredibly disruptive to my trading strategy.
That's exactly what I'm worried about - spending all this money on the setup only to find out the tax benefits are minimal. Did you find any particular jurisdiction or structure that worked better than others? And any broker recommendations that actually accept these kinds of entities?
I eventually switched from Belize to a Seychelles structure which had slightly better terms for satisfying economic substance requirements with algorithmic trading. The key is finding a jurisdiction that clearly classifies algorithmic trading as "active business income" rather than passive investment income. For brokers, I had good experiences with two firms based in St. Vincent and the Grenadines that specifically work with trading companies. They had reasonable documentation requirements and stable platforms. Just be careful - many foreign brokers have great leverage terms but terrible execution quality or withdrawal issues. Always test with small amounts first.
Don't forget about banking issues! This is what killed my foreign trading entity setup. Even after properly forming the company and finding a broker, I couldn't find a reliable bank that would: 1) Open an account for a foreign entity with US beneficial ownership 2) Allow smooth transfers to/from forex brokers 3) Not charge excessive fees I went through 3 different banks in 2 years. First one suddenly closed my account after 6 months with no explanation. Second had 5-day holds on all incoming wire transfers. Third worked OK but charged $75 per outgoing wire transfer which ate into profits.
Did you try any of the digital banking solutions specifically for trading companies? I've heard there are some in Lithuania and Estonia that specialize in this.
One thing nobody's mentioned is the Accumulated Earnings Tax. If your S Corp holds too much cash/investments beyond what's needed for the business, the IRS could potentially hit you with this. It's designed to prevent using corps as tax shelters by hoarding profits inside the business.
But I thought the Accumulated Earnings Tax only applied to C Corps, not S Corps? Isn't the whole point of S Corps that income passes through regardless of whether you distribute it?
You're right, and I should have been more precise in my explanation. The Accumulated Earnings Tax specifically applies to C Corporations, not S Corporations. S Corps have pass-through taxation, meaning the income is taxed at the shareholder level regardless of whether it's distributed. However, S Corps can still face scrutiny if they're holding investments unrelated to business purposes. The concern becomes more about whether the business is operating as a legitimate operating company versus functioning as an investment vehicle, which could potentially jeopardize S Corp status in extreme cases. It's a different issue than accumulated earnings tax, but still something to be cautious about.
Has anyone successfully used their S Corp to invest in the market without problems? My accountant suggested creating a separate investment LLC owned by the S Corp instead of direct investing.
I did something similar but was advised to have the investment LLC owned by me personally, not by the S Corp. This kept the investment activities completely separate from the business activities and avoided any questions about business purpose.
Have you looked into the Streamlined Domestic Offshore Procedures? If this was non-willful (meaning you didn't know about the requirement), this program might help reduce the penalties significantly. I made a similar mistake with not reporting my foreign pension from when I worked in Singapore. The standard penalty would have been about $45k, but through the streamlined program I ended up paying just under $10k. The key is documenting that you genuinely didn't understand the requirement. The fact that you took action immediately after discovering the requirement will work in your favor. Make sure your attorney is specifically experienced with the Streamlined program.
Thanks for this suggestion! I just looked into the Streamlined Procedures and it seems like I might qualify. My attorney mentioned something similar but called it by a different name and was talking about a much smaller reduction. Do you know if I need a specialized attorney for this or if it's something I can handle myself? The legal fees are adding up fast.
You don't absolutely need an attorney to apply for the Streamlined program, but I'd recommend at least a consultation with someone who specializes in international tax issues. The program requires a detailed narrative explaining why your failure to report was non-willful, and that narrative is critical to acceptance. If your current attorney isn't giving you clear information about the Streamlined program (it's very well-established), you might want to get a second opinion. Many tax attorneys offer free initial consultations, so you could shop around. The penalties at stake are significant enough that good representation is worth it, but you shouldn't be paying for an attorney who isn't experienced with exactly this type of situation.
whatever u do, don't ignore this!!! i made that mistake when i got hit with a 18k penalty for not reporting my overseas rental income. thought it would go away if i just didn't respond. BIG MISTAKE. they started garnishing my wages and put a lien on my property which destroyed my credit score. took 3 yrs to finally resolve and ended up paying way more in the end. at minimum set up a payment plan asap even while ur contesting the penalty. u can always get refunded later if u win the abatement but it shows good faith effort.
CosmicCruiser
Another option instead of filing twice (which you definitely shouldn't do) is to use a free tax review service. Many CPAs will look at your previous return for free or a small fee to see if anything was missed. I did this last year and discovered TurboTax had completely missed a business expense deduction that was worth about $900 in tax savings.
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Anastasia Fedorov
ā¢Do you have to go in person for that kind of review? I'm not sure if there are any CPAs near me, plus I'm pretty busy with work.
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CosmicCruiser
ā¢No, most CPAs can do this remotely now. You just need to send them a PDF of your tax return from TurboTax, and they can review it. Many have secure upload portals on their websites. I actually did mine completely virtually - uploaded my documents, had a 20-minute Zoom call to discuss what they found, and they emailed me their recommendations. The good ones will tell you upfront if they think there's potential for significant changes before charging you for a full amended return service. Sometimes they'll even waive the review fee if they end up preparing your amended return.
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Sean Doyle
Just wondering - what site did your coworker use that got her a bigger refund? Maybe worth checking out for next year even if you can't file twice this year.
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Zara Rashid
ā¢This is actually a really important question. Different tax software can give wildly different results depending on how they ask questions. I tried three different ones last year (FreeTaxUSA, TurboTax, and H&R Block) and got refund estimates that varied by almost $800!
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