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Something people forget is that LLC fees vary by state! In California, there's an $800 annual fee just to have an LLC, which would eat up a chunk of your $12,000 income. In Wyoming, it's only $50 annually. Definitely check your state's fees before deciding. Also, don't overlook that you can deduct legitimate business expenses as a sole proprietor without having an LLC. You just file Schedule C with your regular tax return.
Do all states have annual fees for LLCs? That might be a dealbreaker for me since my side gig only makes about 8k a year.
Not all states have the same fee structure. Some have low or no annual fees, while others like California are expensive. For example, Wyoming, New Mexico, and Arizona have very low annual fees under $100. If you're only making about $8k a year, you definitely need to calculate if the fees make sense for your situation. In many cases for smaller side hustles, operating as a sole proprietor and maximizing your eligible deductions on Schedule C is the most cost-effective approach. Just make sure you have good records of all business expenses and consider getting business insurance for liability protection instead of relying on an LLC structure.
Another angle: if you ever plan to get a mortgage while running your side hustle, lenders sometimes look at sole proprietor income differently than LLC income. My lender wanted 2 years of consistent LLC income before they'd count it toward my qualification. Something to think about if house buying is in your future!
One approach that helped me was timing recognition of income. Since India's tax year runs April-March and US is calendar year, you can sometimes recognize income strategically. For example, selling assets in India between January-March gives you time to plan how that income affects your US taxes. Also look into DTAA (Double Taxation Avoidance Agreement) provisions specifically for NRIs - there are exemptions for certain types of interest and capital gains.
Could you explain more about timing the income? I have some mutual funds in India I'm planning to sell. Would it be better to sell in January or March? And does it matter which bank account (NRE or NRO) I deposit the proceeds into?
Selling in January-March gives you more flexibility because you'll have that income in the current Indian tax year but can include it in next year's US taxes. This gives you almost a year to plan your overall tax strategy. For your mutual funds, it also depends on whether they're equity or debt funds, as they're taxed differently in India. As for accounts, it generally doesn't matter for US tax purposes whether you use NRE or NRO accounts - the US taxes worldwide income regardless. For Indian tax purposes, moving proceeds to an NRE account can sometimes offer advantages, but consult with an advisor about your specific situation.
Has anyone ever considered giving up their US green card to solve this problem? I'm thinking about moving back to India in a few years, and the double taxation is making me wonder if maintaining US person status is worth it.
Be careful with that approach. Giving up a green card after holding it for 8+ years can trigger the "exit tax" if you meet certain income/asset thresholds. The IRS treats it as if you sold all your worldwide assets on the day before expatriation. It's a pretty serious decision with long-term consequences.
Something similar happened to my brother. Turns out the brokerage reported the distribution on a 1099-R form instead of properly coding it as an inheritance distribution. The IRS computers automatically categorized it as a retirement distribution and applied ordinary income tax rates. You need to get a copy of whatever 1099 forms were filed. Look at Box 7 on any 1099-R forms - there should be a distribution code. If it's coded incorrectly, that's your problem right there. Also, don't wait to respond to the IRS notice. The interest and penalties will keep accumulating while you figure this out. At minimum, send a letter stating you dispute the assessment and are gathering documentation to prove it was inheritance, not income.
This is super helpful, thank you! I just called the estate attorney and she's going to send me copies of all the paperwork including the 1099 forms. She seemed to think it was probably a coding error too. Do you know if I need to file an amended return or is a dispute letter enough?
If you never reported this money as income on your original tax return (which you shouldn't have if it was inheritance), then you don't need to file an amended return. You just need to respond to the IRS notice with a clear explanation and documentation. Your response should include: 1) Death certificate copy, 2) Documentation showing you were a beneficiary, 3) Any incorrect 1099 forms with an explanation of why they're wrong, and 4) Documentation of the step-up basis if there were securities involved. If all this seems overwhelming, it might be worth paying a tax professional who specializes in estates for a one-time consultation.
Has anyone considered that maybe there WERE taxable elements to this inheritance? If the dad had traditional IRAs or 401ks, those distributions to heirs ARE taxable as income (unlike regular investment accounts). Same with any savings bonds that had deferred interest. Getting all the documentation is definitely step one, but don't automatically assume it's all a mistake. The tax rules around inherited retirement accounts changed significantly in 2020 with the SECURE Act.
This is a really important point. My family went through this with my grandmother's IRA. We all got distributions and ALL of it was taxable because it was a pre-tax retirement account. The step-up basis rules don't apply to IRAs and 401ks the same way they do to regular investment accounts. OP specifically mentioned it was "not an IRA" but sometimes people don't realize what type of accounts they're inheriting. If it was any type of retirement account (traditional IRA, 401k, 403b, etc.), those distributions are definitely taxable.
Thank you for bringing this up! I'm 100% sure it was a regular brokerage account and not a retirement account. I just got off the phone with the estate attorney who confirmed it was a non-retirement investment account, so it should have gotten the step-up basis treatment. She's going to send me all the documentation tomorrow, but she believes Fidelity incorrectly coded the distribution which is why the IRS thinks I owe taxes. I'll update once I know more!
Beyond the tax issues, you need to pursue civil action against this organization. What they did is illegal on multiple levels: 1. Unauthorized use of your SSN (identity theft) 2. Tax fraud (reporting income under your SSN) 3. Breach of fiduciary duty (if you were a volunteer) 4. Potential wire fraud (using electronic systems to commit fraud) Don't just accept their reimbursement of seized refunds - you're entitled to damages beyond that. Their actions have damaged your credit, created tax problems that will take years to fully resolve, and caused significant stress. Document EVERYTHING. Save all emails, texts, and record dates/times of phone calls. Note who you spoke with and what was said.
This is exactly what I've been wondering. Beyond just getting my tax situation fixed, can I sue them for damages? The stress this has caused has been unbelievable. I've had trouble sleeping, my credit score dropped, and I've spent countless hours trying to fix this mess. Would small claims court be appropriate, or should I look for an attorney who works on contingency?
This case is too complex and the damages potentially too large for small claims court. You need an attorney who specializes in tax identity theft or financial fraud. Many attorneys in this field will offer a free initial consultation. The damages you could pursue include: all tax penalties and interest, compensation for credit damage, costs for credit monitoring services, time spent resolving the issue (calculated at a reasonable hourly rate), and potentially punitive damages since their actions appear willful rather than accidental. Some states also allow for statutory damages for identity theft. I'd recommend contacting your state bar association for a referral to attorneys specializing in identity theft or tax fraud. Look for someone who has experience specifically with business-related identity theft, as this is more complex than typical consumer identity theft cases.
Wait, I'm confused about one thing - were you an actual employee or officer of this nonprofit, or just a volunteer? If you were in a leadership position, that might affect how this is handled.
I was strictly a volunteer. I helped at events and occasionally assisted with marketing materials, but I was never an employee, never received compensation, and had no financial authority or access to accounts. I was not an officer or board member. I just let them use my SSN temporarily to set up the Square account when they were in a rush one day, with the explicit understanding that they would immediately change it to their Tax ID.
That makes this WAY worse from a legal perspective. As someone with nonprofit experience, I can tell you that what they did borders on criminal fraud. Nonprofits have EINs (Employer Identification Numbers) specifically for financial transactions. There is NEVER a legitimate reason to use a volunteer's SSN for merchant processing.
Cassandra Moon
Have you checked if your address is correct in the IRS system? I learned the hard way that if you moved and didn't file a change of address form (Form 8822), the IRS might be sending your stuff to your old address. They don't automatically update your address even if you put a new one on your most recent return.
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Christopher Morgan
ā¢That's a great point! I did move about a year and a half ago, and while I used my new address on last year's return, I never submitted the specific change of address form. Maybe that's why I didn't get the PIN letter. Would updating my address now help me get this year's PIN, or is it too late for that?
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Cassandra Moon
ā¢Updating your address now won't get them to automatically send a new PIN letter for this year, unfortunately. The system doesn't work that way. But it's still worth updating your address for future communications. For your current situation, your best bet is still to retrieve the PIN online using the "Get an IP PIN" tool or contact the specialized unit as others have suggested. The PIN exists in their system assigned to you - you just need to retrieve it since the letter didn't reach you.
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Genevieve Cavalier
Just adding a data point - I also never received my IP PIN this year despite getting it fine for the past two years. I ended up using the online tool mentioned above and was able to retrieve it. The system asked for info from my previous year's tax return for verification, so have that handy. Took about 10 minutes total. Definitely better than trying to call!
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Ethan Scott
ā¢Same here! Never got my letter but retrieved it online. Just make sure you create an ID.me account first if you don't already have one - that's required for accessing the IRS online account services now.
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