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Something nobody has mentioned yet - make sure you understand if you'll be staying tax resident in Ireland or becoming tax resident in the UK. This has massive implications! In the UK, you're typically considered tax resident if you spend 183+ days there in a tax year. Since you mentioned being in Scotland for 7 months (~210 days), you'd likely become UK tax resident. However, Ireland has its own residency tests too, so you could potentially be considered tax resident in both countries. This is where the Ireland-UK tax treaty comes in to determine which country has primary taxing rights. Also, keep in mind that the UK and US tax years are different! UK tax year runs April 6 - April 5, while US is calendar year. Makes things even more complicated when you're trying to calculate time spent in each place.
That's a really important point I hadn't considered. So even though I'd be working for a US company, I could end up being a UK tax resident because of the 183+ days rule. Do you know if there's any way to maintain Irish tax residency instead, since that's where my permanent home would still be?
You could potentially maintain Irish tax residency by ensuring you spend enough time in Ireland and limiting your time in Scotland to under 183 days per UK tax year. Ireland has a similar 183-day rule, but also considers other factors like maintaining a permanent home there. One approach some people use is careful day counting across tax years - for example, spending just under 183 days in the UK in each UK tax year, but timing it so those days fall across two different Irish tax years. This requires very careful planning and documentation of your whereabouts. Keep in mind though that if you're physically performing the work in Scotland, the UK will have taxing rights on that income regardless of your residency status. The difference is that as a UK resident, they tax your worldwide income, while as a non-resident, they only tax UK-source income.
Don't forget about social security/national insurance contributions! This is completely separate from income tax and follows different rules. The US has "totalization agreements" with both the UK and Ireland that determine where you pay social security. Generally, if you're temporarily posted to the UK (less than 5 years), you might be able to remain in the US social security system rather than paying UK National Insurance. But since you're not a US citizen, different rules might apply. This is something your employer should definitely help sort out, as getting it wrong can mean either double-paying into two systems or having gaps in your social security coverage.
Really good point about social security! When I moved from Ireland to the UK for work, I was able to get a form from the Irish authorities confirming I was still covered under the Irish system, which meant I didn't have to pay UK National Insurance. I believe it was called Form E101 or something similar. Worth looking into!
15 Has anyone used TurboTax for this international spouse situation? I'm wondering if it can handle the whole "married filing separately with NRA spouse" thing properly? My wife is Brazilian and still lives there, but we're planning to file US taxes next month.
7 I tried TurboTax last year with my Korean husband. It works but you have to know what you're doing. When it asks for your spouse's SSN, you can't just leave it blank - you have to type "NRA" and then it'll let you proceed. It also gets confused about the residency test questions so you might need to override some of their recommendations.
15 Thanks for the tip about typing "NRA" in the SSN field! I didn't know that was an option. Did you have any issues with state taxes as well, or just federal? I'm in California which seems to have its own complicated rules for everything. I'm a bit concerned because my wife might have some minimal US-source income from an investment account we opened together last year. Does that complicate things further?
3 Just a warning to anyone in this situation - if you choose Married Filing Separately, you lose several tax benefits: - No student loan interest deduction - No education credits - Much lower IRA contribution limits - No earned income credit - No child and dependent care credit I discovered this the hard way with my Argentinian wife. We ended up getting her an ITIN and making the election to file jointly, because the benefits outweighed the hassle of extra paperwork.
18 Wait really? I didn't know about losing all those benefits! I've been filing separately from my Ukrainian husband for 3 years now and I claim both student loan interest AND education credits. Are you sure about this?
Something nobody's mentioned yet - you might want to file Form SS-8 with the IRS to determine if you were actually an employee or independent contractor. If the IRS determines you were an employee, your employer would be responsible for their portion of your employment taxes. Worth considering if you end up owing a lot in self-employment taxes.
Would filing the SS-8 potentially cause problems for me though? I'm worried about triggering an audit or something if I start filing additional forms. Also, how long does that determination process usually take? I need to file my taxes pretty soon.
Filing SS-8 won't trigger an audit of you - if anything, it might lead to your former employer being examined. The determination process can take 6+ months, but you don't need to wait for the determination before filing your taxes. You can file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" along with your return if you believe you were misclassified. This lets you pay only the employee portion of Social Security and Medicare taxes rather than the full self-employment tax amount. Just indicate on the form that you've filed SS-8 and are awaiting determination.
I always keep a record of my hours and pay when working jobs like this exactly because of situations like yours. Even a simple notes app on your phone can save you so much hassle later. Hope you get this sorted out!
Something else to consider - if you're really worried about penalties, you might qualify for First Time Penalty Abatement if you haven't had any issues filing or paying taxes for the past 3 years. I had a similar situation (missed filing 2022 taxes) and got all my penalties waived through this program. The IRS doesn't advertise it much but it's worth asking about.
Thank you for mentioning this! I've never had any tax issues before, always filed and paid on time. How exactly do you apply for this abatement? Is it something I would request after I file my late return?
Yes, you request it after you file your late return and receive a bill or notice from the IRS about penalties. You can call the IRS and specifically ask for "First Time Penalty Abatement" for your failure-to-file penalties. The requirements are that you had no penalties for the 3 tax years prior to the year you're requesting abatement for, you've filed all currently required returns (or filed extensions), and you've paid (or arranged to pay) any tax due. Based on what you've shared, you'd likely qualify since this is your first time missing a filing deadline.
Just a personal experience - I didn't file my 2021 taxes until last March (so over a year late) and I ended up owing about $1800 in taxes plus around $400 in penalties and interest. The longer you wait, the worse it gets. File ASAP even if you have to use incomplete information and then amend later. A rough filing now is better than a perfect filing months from now when it comes to penalties.
Totally agree with this advice. I learned the hard way that "perfect is the enemy of done" when it comes to taxes. I waited 18 months to file because I was missing some documents and wanted everything perfect. Big mistake - penalties kept growing the whole time.
Lucas Lindsey
I'm surprised nobody's mentioned ATX. I started with that about 5 years ago and still use it. More affordable than Drake at around $1,000-1,500 depending on what modules you need, and handles everything from basic to complex returns. The interface isn't as pretty as some others, but it's functional and reliable. My only complaint is their customer service can be hit or miss during peak season. If you're tech-savvy and don't need a lot of hand-holding, it's a solid option for someone starting out.
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Sophie Duck
ā¢How's ATX with bank products and refund transfers? I'm thinking about offering those services next year to compete with the big chains in my area.
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Lucas Lindsey
ā¢ATX works fine with bank products through Refund Advantage and EPS Financial. Setup isn't the most intuitive thing in the world, but once you get it configured, it works reliably. They have decent training resources to get you started with those services. The refund transfer process is pretty smooth from the client perspective - the interfaces are clean and professional looking which helps when you're competing with bigger operations. Just make sure you factor in the per-return fees when pricing your services.
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Austin Leonard
One thing to consider while you're still small - get good tax PLANNING software, not just preparation software. That's where you can really add value and charge higher fees. I use Holistiplan for analyzing client tax situations and modeling different scenarios. Clients are way more willing to pay premium rates for help AVOIDING taxes rather than just filing returns. Something to think about as you scale!
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Anita George
ā¢This is great advice. I started doing planning about 2 years ago and my average client value went up by almost 70%. Do you use Holistiplan standalone or integrated with your tax prep software?
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