


Ask the community...
I think everyone is overcomplicating this. The Augusta rule is pretty simple - you can rent your home to your business for up to 14 days per year without reporting that income personally. So yes, you can charge your business for storage space for 14 days a year. Make sure you create proper documentation (a rental agreement between you and your business), charge a reasonable market rate, and track everything correctly. Just be aware that your business would deduct this expense, reducing its profit, but you wouldn't have to report the rental income on your personal taxes. For a small business making under 10k, this could be a nice little tax advantage.
But wouldn't it be weird to only charge for storage 14 days per year when the products are stored there all year round? Seems like it might raise red flags.
You're right that it might seem unusual to only charge for 14 days when the storage is ongoing, but that's actually how the Augusta rule works. Many business owners choose specific days throughout the year to "rent" their home to their business. You're essentially creating 14 individual rental events spread throughout the year. The key is proper documentation - having a written agreement specifying which days your home is being rented to the business, what spaces are included, and making sure the rental rate is comparable to market rates. This approach is completely legal as long as you stay within the 14-day limit and have the proper paperwork to support it.
Just a heads-up that mixing the Augusta rule and home business deductions can get complicated really fast. Last year I tried to get clever with my tax approach for my online shop and ended up with a CP2000 notice from the IRS questioning everything. If you're determined to go this route, I STRONGLY recommend working with a tax professional who specializes in small businesses. The few hundred dollars you'll spend on their expertise will save you thousands in potential issues and give you peace of mind.
Did you end up owing more taxes or just having to provide documentation? I'm always worried about making innocent mistakes that could turn into big problems.
Something else to consider that nobody mentioned - if you choose to have the withholding spread across multiple paychecks instead of taking it all at once, it might prevent you from dipping below your normal take-home pay too dramatically. Taking it all at once could really hurt your cash flow for that pay period. Also check if your employer is withholding for state taxes too. Some employers only adjust federal, and then you still end up owing a lot at the state level.
That's a really good point about spreading it out. I think I'll do the 5 paycheck option since that would be way less disruptive to my monthly budget. Do you think I need to specifically ask HR about the state tax withholding or would they typically handle both?
Definitely ask HR specifically about state taxes. In my experience, some payroll systems don't automatically adjust state withholdings when federal is increased. Just tell them you want to make sure both federal AND state taxes are being withheld appropriately for the HRA payment. They should be able to handle that for you.
There's one more benefit to having them withhold it now that nobody's mentioned. If you're planning to itemize deductions, the state and local tax (SALT) deduction is limited to $10,000. By having taxes withheld in 2023, those withholdings count toward your 2023 SALT deduction limit. If you wait and pay when you file in 2024, those tax payments would count toward your 2024 SALT limit instead.
Don't forget that as a non-US citizen, your tax situation might be affected by tax treaties between the US and your home country. Depending on what European country you're from, there might be specific provisions that could reduce your US tax liability. You should look up the specific tax treaty and see if there are any benefits you can claim.
Thanks for mentioning this! I had no idea about tax treaties. Do you know if I would need to file any special forms to claim these treaty benefits? And would I still need to file the Schedule C even if there's a treaty?
You would need to file Form 8833 to claim treaty benefits, and yes, you would still need to file Schedule C to report your self-employment income. The treaty doesn't exempt you from filing requirements, it just might reduce what you owe. Tax treaties vary widely by country, so check the specific one between the US and Portugal. Some treaties have special provisions for teachers, students, and researchers, so you might qualify for reduced taxation on your teaching income. But you definitely need to document everything properly.
When I first started freelancing and had to deal with self employment taxes, I used TurboTax Self-Employed and it made things so much easier. It asks simple questions and fills out all the complicated forms for you. Might be worth trying if you're stressed about figuring out all the forms yourself.
I second this. TurboTax walks you through everything step by step and they have really good support if you get stuck. It's not free but it's worth it for the peace of mind.
One thing nobody mentioned yet is that if you make the MTM election, you lose the ability to do tax-loss harvesting in the traditional sense. This can be a huge disadvantage if you're strategic about managing your investment tax burden. With regular capital gains treatment, you can selectively sell losing positions to offset gains while holding winning positions for long-term treatment. Under MTM, you're marking everything to market regardless of whether you sell or not. I made this mistake a few years ago when I qualified as a trader. The MTM election saved me from the $3k limit that year when I had big losses, but in subsequent profitable years, I realized I'd lost valuable tax planning flexibility.
Can you revoke the MTM election in future years if your trading strategy changes? Or once you make it, you're stuck with it forever?
Once you make the MTM election, you're generally stuck with it unless you get IRS permission to revoke it, which requires showing a substantial change in your business circumstances (not just because it's no longer advantageous). The proper way to change is to file a request for an accounting method change using Form 3115. You'll need to demonstrate valid business reasons for the change beyond tax benefits. Simply deciding you don't like MTM anymore isn't sufficient. Many traders who want to revert end up creating a new entity for their trading activity instead of trying to revoke the election.
Wait, I'm confused about something basic. If I'm day trading in my regular brokerage account (not IRA), aren't all my trades already "realized" at the time I sell anyway? What's the advantage of MTM if I'm already selling everything within the same tax year?
The main advantage for active traders isn't about realization (you're right that trades you complete are already realized) but about: 1. Business treatment vs. investment treatment - allowing you to deduct all trading-related expenses directly against your trading income 2. Bypassing the $3,000 capital loss limitation against ordinary income 3. No wash sale rules to track and manage For someone making hundreds of trades yearly, the business expense deductions alone can be significant - home office, computers, software, education, etc.
Ella Thompson
Just want to add - make sure you're reporting ALL transactions separately, not just the net amount. I made this mistake and it triggered an audit. The IRS wants to see each purchase and sale listed individually on Form 8949, even if you had hundreds of trades. If your trading app doesn't have a tax document section to download this data, check your monthly statements or transaction history. Most platforms let you export everything to Excel or CSV, which makes filling out the forms easier. And don't forget to include wash sales if you rebought similar securities within 30 days!
0 coins
JacksonHarris
ā¢What's a wash sale? Never heard of that rule before and I definitely bought some of the same stocks multiple times when they dipped.
0 coins
Ella Thompson
ā¢A wash sale happens when you sell a security at a loss and then buy the same or a "substantially identical" security within 30 days before or after the sale date. When this happens, you can't immediately claim the loss for tax purposes - instead, the loss gets added to the cost basis of the replacement shares. This is definitely something that could affect your situation if you were frequently trading the same stocks. Many new traders get caught by this rule because it can make your tax situation much more complicated than simply adding up gains and losses. Your trading platform should mark wash sales on your tax documents, but they sometimes miss them, especially if you were trading similar securities across different platforms.
0 coins
Jeremiah Brown
Bro I had literally the exact same situation last year. The IRS letter freaked me out cuz they said I owed like $5200 in taxes when I actually LOST money overall. The key is to respond quickly and provide EVERYTHING. Don't just send what they ask for - send your complete trading history showing every buy and sell with the dates and amounts. I had to login to my old trading app and download all statements for the year. I also included a cover letter explaining that I was new to investing and misunderstood the reporting requirements, but that I had an overall loss for the year. Took about 2 months but they finally resolved it and I ended up owing nothing. Just be super organized with your documentation.
0 coins
Nora Bennett
ā¢Thanks for sharing your experience! Did you just mail everything in or did you have to talk to someone on the phone? I'm dreading having to call them.
0 coins
Jeremiah Brown
ā¢I started by mailing everything with delivery confirmation so I had proof they received it. When I didn't hear anything back after 6 weeks, I did have to call. Took about a dozen attempts over 3 days before I finally got through to a human. The person I talked to was actually pretty helpful - they found my documents in their system and said they were still in the queue for review. They added notes to my file about my call. About two weeks after that, I got a letter saying the issue was resolved and I didn't owe anything. So while calling sucked, it probably helped speed things up in the end.
0 coins