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Ask the community...

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Yuki Ito

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The penalties for not filing Form 3520 when required are BRUTAL! Either $10,000 or 35% of the gross value of the property, whichever is greater. Don't mess around with this one. My sister missed filing for a property gift from our grandfather in Colombia worth about $200k and got hit with a $70k penalty. She's been fighting it for years claiming reasonable cause, but the IRS has been extremely strict about this form.

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Carmen Lopez

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Omg that's terrifying! Did she try getting help from the Taxpayer Advocate Service? I've heard they can sometimes intervene in these penalty situations especially if there was genuine confusion about the requirements.

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Yuki Ito

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She did contact the Taxpayer Advocate Service, and they were helpful in getting the IRS to actually review her reasonable cause argument. The process is still ongoing, but they've at least gotten the collection activities paused while they review her case. The TAS representative explained that the IRS considers several factors for reasonable cause: whether she tried to learn about filing requirements, if there was a history of compliance with other tax obligations, and if this was her first time dealing with international tax issues. Having documentation of her efforts to understand the requirements has been crucial to her case.

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Andre Dupont

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Just to add another perspective - make sure you also consider whether there's any INCOME generated by this property. If your foreign real estate produces rental income, you'll have additional reporting requirements beyond just Form 3520. I inherited a beach condo in Mexico and had to file: 1. Form 3520 for the initial gift 2. Schedule E for the rental income 3. Form 8938 because my total foreign assets exceeded the threshold 4. Form 5471 because we set up a Mexican corporation to manage the property The whole international tax situation gets complicated FAST.

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Diego Vargas

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Thank you for bringing this up. The property isn't currently being rented out, but I might want to do that in the future. Is there a good resource you found that explains all these different forms? I feel like I'm discovering new requirements every day.

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Andre Dupont

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The IRS has a decent publication called "U.S. Citizens and Resident Aliens Abroad" (Publication 54) that covers many of these requirements. There's also a specific section on their website about international taxpayers that lists the various forms. I found the most comprehensive help came from a tax attorney who specializes in international taxation. It was expensive, but worth it for the initial setup year. Once I understood all the requirements, I was able to handle most of it myself in subsequent years using tax software that supports international situations. Just be aware that not all tax software handles these specialized international forms well - you might need to use one of the more comprehensive packages.

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PixelPioneer

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Another weird thing about Roth IRAs that confused me is how the contribution limits work across different accounts. Like if you have both a Traditional and Roth IRA, the combined limit for 2022 was $6,000 total (or $7,000 if you're over 50). I thought each account had its own separate limit at first. Also, don't forget that your ability to contribute to a Roth phases out at higher incomes. For 2022, it starts phasing out at $129,000 for single filers and is completely phased out at $144,000. For married filing jointly, it's $204,000-$214,000.

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Wait, what if I already contributed to my employer's 401k? Does that reduce how much I can put in my Roth IRA? And do rollovers from previous employer 401ks count against the contribution limits?

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PixelPioneer

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Contributing to your employer's 401k doesn't reduce how much you can put in your Roth IRA. The limits are completely separate, so you can max out both if you have the funds. For 2022, you could contribute up to $20,500 to your 401k AND still put $6,000 in your IRA. Rollovers from previous employer 401ks to an IRA don't count against your contribution limits at all. You can roll over any amount without affecting your ability to make your annual IRA contribution. That's actually a great way to consolidate your retirement accounts without using up your yearly contribution space.

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Paolo Rizzo

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Just a heads-up for anyone considering making retroactive 2022 contributions - don't forget to tell your broker WHICH TAX YEAR the contribution is for!! I made a contribution in March thinking it would automatically count for 2022, but they defaulted it to 2023. Had to call and have them fix it. Also, keep good records! I got super confused during tax time because I had made contributions in January 2022 (for 2021) and then more contributions throughout 2022 (for 2022). The 5498 form you receive won't arrive until May, so you need to track this yourself.

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Amina Sy

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So true! My Vanguard account defaults to the current year unless I specifically select the previous year. Does anyone know if there's a way to fix this if you realize the mistake after a few months? Like if I contributed in February but just now realized it went to the wrong tax year?

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Paolo Rizzo

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If you catch the mistake within the same tax year, you can usually get it fixed by calling your brokerage. They have a process for redesignating contributions to the correct tax year. But there's a deadline - you can't redesignate after the tax filing deadline (April 18th this year). If you discover it after the deadline passed, it gets much more complicated. You might face excess contribution penalties if the mistaken designation put you over the limit for a year. Some brokerages will work with you on this issue, but it's always best to triple-check the year designation when making contributions between January and April!

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Amina Toure

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Another thing to check - make sure your employer has you classified with the correct filing status. When I first started working in the US, my employer automatically set me as "Single" even though I should have been "Married Filing Jointly" which resulted in much higher withholding. Also check if you have any additional state or local taxes being withheld that you weren't expecting. Some cities have their own income taxes on top of federal and state.

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This is so important! My company had me set as "Single" for my first 3 paychecks despite me telling HR I was married with kids. When they finally fixed it, the difference was huge. OP should definitely double check this!

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Amina Toure

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Absolutely right! The difference between "Single" and "Married Filing Jointly" withholding can be substantial. In my case, it was almost a 15% difference in take-home pay. I'd also recommend looking at the actual pay stub carefully. Sometimes there are other deductions beyond just taxes - health insurance, retirement contributions, or other benefits that might be reducing the take-home amount. These can be especially confusing when you're new to the US system since benefit packages work differently than in many other countries.

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Has anyone suggested the W4 Assistant tool on the IRS website? It's free and helps you figure out the right withholding for your situation. I used it when I first came here on my L1 visa. https://www.irs.gov/individuals/tax-withholding-estimator

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That tool is super confusing for non-citizens though. It doesn't account for visa status at all and some of the questions don't even apply to people who just moved to the US. I tried using it last year and ended up more confused.

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That's a fair point. The tool does assume a lot of prior knowledge about the US tax system that newcomers wouldn't have. I found I had to research several terms before I could even answer the basic questions. When I used it, I had already been in the US for about a year, so I had some understanding of how things worked. For someone completely new to the system, you're right that it might create more confusion than clarity.

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Just adding another perspective - I've run both types of corporations over the years. If your primary goal is to avoid pass-through taxation on your personal return, a C Corp is definitely your best option. But there are some other considerations: - C Corps can retain earnings more easily for business growth - S Corps have more flexibility with distributions - C Corps face potential double taxation on distributions (corporate tax + personal dividend tax) - S Corps can't have more than 100 shareholders and have stricter ownership rules - C Corps have more fringe benefit options for owner-employees One often overlooked benefit of C Corps is the ability to have a more flexible fiscal year rather than being forced to use a calendar year for taxes.

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LunarEclipse

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Do you have any thoughts on the ideal income level where C Corp makes more sense? I've heard different thresholds from different advisors.

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The income threshold where a C Corporation becomes more advantageous varies based on your specific situation, but generally, C Corps tend to make more sense when business income exceeds $300,000-$400,000. At that level, the corporate tax rates and ability to retain earnings for growth often outweigh the double taxation concerns. However, it's not just about income level. You should also consider your growth plans, whether you need to retain significant earnings in the business, plans for raising capital, and your personal financial situation. If you're planning to reinvest most profits back into the business rather than distributing them, a C Corp structure can be beneficial even at lower income levels since those retained earnings aren't being double-taxed.

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Yara Khalil

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Has anyone recently formed a C Corp in a state different from where they live? I'm considering Wyoming or Nevada for better privacy laws while I live in California. Any tax implications I should know about?

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Keisha Brown

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I did exactly this - formed a Wyoming C Corp while living in NY. You need to be aware of "doing business" rules - you'll likely need to register as a foreign corporation in your home state anyway and potentially pay taxes there. The privacy benefits remain, but you don't escape state taxation where you're physically located and working.

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Laila Prince

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Im sorry but all these people saying joint filing is better are giving generic advice. My wife and I SAVE money filing separately bc she has income based student loan repayment. By filing separately her student loan payments are like $150/month vs $900/month if we file jointly bc my income wouldn't be counted for her loan calculation. So even tho we pay maybe $800 more in taxes filing separately, we save like $9000 a year in student loan payments!!! You gotta run the numbers both ways and look at the WHOLE financial picture, not just the tax part.

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Isabel Vega

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This is such a good point! The exact same situation applies to us - the student loan savings from filing separately FAR outweigh the tax benefits of filing jointly. It's absolutely worth calculating both ways. Also worth noting that if you're on PSLF (Public Service Loan Forgiveness), filing separately can dramatically reduce your required payments while you're working toward forgiveness, which is basically free money if you're going to get the loans forgiven anyway.

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I'm an accountant and the biggest mistake I see clients make is assuming the answer is the same year after year. Your optimal filing status can change based on: 1. Changes in income distribution between spouses 2. Medical expenses exceeding the AGI threshold 3. Student loan situations as others mentioned 4. Rental property or business losses 5. Risk of tax debt (filing separately can protect one spouse from the other's tax liability) 6. MAGI thresholds for certain deductions and credits Do yourself a favor and calculate both ways every year - or have your tax preparer do it. The software makes it pretty easy to compare.

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Thanks for the professional perspective! I didn't even think about how this could change year to year. So basically I need to run the numbers both ways each tax season to see which is better for our specific situation? Is there a quick way to estimate which might be better without doing the full tax return twice? Maybe some rules of thumb about when separate filing tends to be better?

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Yes, calculating both ways each year is the safest approach since tax laws and your financial situation both change over time. For a quick estimation, separate filing tends to be more beneficial in these specific scenarios: 1. When one spouse has medical expenses exceeding 7.5% of their individual AGI (but not of joint AGI) 2. When income-based student loan repayment is involved (as others mentioned) 3. When one spouse has significant miscellaneous itemized deductions 4. When you want to keep tax liability separate (e.g., concerns about tax debt or refund offsets) 5. When one spouse qualifies for certain income-based benefits that would be lost with combined income Most tax software has a "what-if" scenario tool that lets you compare filing statuses without recreating the entire return. It's usually just a few clicks to see the difference, and it's absolutely worth checking every year.

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