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I'm an accountant who works with several family farms, and I'd recommend looking into Section 1361(c)(2)(A)(ii) Qualified Subchapter S Trust (QSST) if the farm is an S Corporation. It might allow you to shift some income without disrupting the family operations. Also, check if the farm is taking all agricultural deductions like Section 179 for equipment. Sometimes family farms miss these opportunities because they've "always done it this way" for generations.
Thanks so much for this info! The farm is indeed an S Corp. Would setting up a QSST require getting everyone in the family on board? And how exactly would it help with our tax situation? Sorry if these are basic questions, this farm tax situation is completely outside my experience.
Setting up a QSST would only involve your wife's shares, not the entire family structure. It creates a trust that holds her shares, which can sometimes provide more flexibility in how and when income is recognized. The main benefit would be potential income timing advantages and possibly some estate planning benefits as well. However, it does require proper setup by someone familiar with both trust law and agricultural tax issues. It's not a DIY solution, but depending on the value of the shares and ongoing income, it might be worth the setup costs.
Have you guys checked if the farm is taking advantage of income averaging? IRS Schedule J lets farmers average their income over 3 years which can really help with tax situations, especially in good years. It's a huge benefit that a lot of family farms don't even know about.
I work at a community tax clinic, and I see cases like yours frequently. One option that hasn't been mentioned yet is an Offer in Compromise, where the IRS agrees to settle your tax debt for less than the full amount if you qualify based on your income, expenses, asset equity, and ability to pay. With your health issues and limited income, you might be a good candidate. The IRS has become more flexible with these programs in recent years. You can check if you might qualify using the IRS's Offer in Compromise Pre-Qualifier tool on their website. Another option is Currently Not Collectible status. If your financial situation is dire enough, the IRS can temporarily classify your account as CNC, which stops collection activities while you're financially unable to pay.
This is incredibly helpful - I had no idea these options existed. Do these programs stop the levy process right away? And if I apply for an Offer in Compromise, how long does that typically take to process?
Yes, both applying for an Offer in Compromise or being placed in Currently Not Collectible status will stop the levy process immediately. The IRS can't continue collection actions while your offer is being evaluated or while you're in CNC status. The Offer in Compromise process typically takes 6-9 months from submission to decision. During this time, your collection statute (the 10-year period the IRS has to collect) is extended. If your offer is accepted, you'll typically need to pay the settlement amount within 24 months or in some cases as a lump sum within 5 months (which often results in a lower settlement amount).
One important thing - KEEP IN MIND that the 10-year statute of limitations on collecting tax debt!!! Each tax year has its own 10-year clock that starts when the tax is assessed. If some of your unfiled returns are from 10+ years ago, the IRS may not be able to collect on those specific years anymore.
This is only partly right. The 10-year clock doesn't start until the tax is actually assessed, which requires filing a return or the IRS creating a substitute return for you. For unfiled returns, that clock might not have even started yet!
Don't forget about the Modelo 210 form - it's what non-residents use to declare their Spanish income tax. You need to file this even if you're not renting the place out! Spain assumes you're getting some benefit from owning the property even when it's empty, so they tax you on a "deemed income" basis during periods when you're not actively renting it out. The calculation is based on your property's cadastral value (kind of like assessed value). Also, watch out for the timing - you generally need to file by December 31 for the previous year's income, but if you're reporting rental income, the deadlines can vary depending on when you received the income.
Is Modelo 210 something I can file online or do I need to physically go to a Spanish tax office? I'm planning to buy but won't be in Spain more than a few weeks each year.
You can definitely file the Modelo 210 online through the Spanish Tax Agency's website. You'll need to get an NIE (Foreigner Identification Number) first, which is required for property purchase anyway. Many non-residents also use a "fiscal representative" in Spain - basically an accountant or lawyer who handles the filing for you. This is often the easiest option if you're only there a few weeks a year. Most of the online filing system is available in English now, which is a big improvement from when I first bought my place five years ago. But the translations can be a bit confusing sometimes, which is why many people just hire a local tax advisor for a few hundred euros per year.
Has anyone here dealt with inheritance tax in Spain? My parents are considering buying a place in Mallorca but are concerned about what happens if one of them passes while owning the property. I've heard horror stories about Spanish inheritance taxes being really high for non-residents.
I went through this when my uncle passed and left his Malaga apartment to my cousin. Inheritance tax in Spain varies HUGELY by autonomous region - some regions like Madrid and Andalusia have big exemptions, especially for close family members. But as non-residents, you don't automatically get all the same benefits as residents. The good news is that in 2018, the rules changed to allow non-EU residents to benefit from regional tax rules instead of just the national ones, which are usually less favorable. So definitely check the specific inheritance tax rules for Mallorca (in the Balearic Islands region).
Thank you so much for this info! I had no idea the rules had changed in 2018 - that's a huge relief. I'll definitely look into the specific rules for the Balearic Islands. Did your cousin end up paying a lot in inheritance tax, or were they able to take advantage of the regional exemptions even as a non-resident?
Wanted to add another perspective - I've been dealing with foreign tax credits for over a decade (income from Japan and occasionally Australia). The confusion often comes from the difference between the "regular" foreign tax credit and the "simplified" foreign tax credit. If you use the Simplified procedure (which is available if your foreign income is only from passive investments and under certain thresholds), there are different rules. But for regular foreign income like yours that requires Form 1116, the carryforward absolutely applies to all US tax liability in future years. Your preparer might be thinking of a different limitation, but they're still wrong. I'd recommend either finding a new preparer who specializes in international taxation or using good tax software that handles this correctly.
This makes sense. I'm wondering if my preparer is confusing different rules. Do you have any recommendations for tax software that handles Form 1116 and foreign tax credit carryforwards properly?
In my experience, TaxAct Premium handles Form 1116 and foreign tax credit carryforwards correctly. It walks you through the proper allocation of carryforwards and applies them appropriately to your current year US tax liability. I've also heard good things about TaxSlayer Premium for international tax situations, though I haven't personally used it. The key is to make sure you're using a premium or top-tier version of whatever software you choose, as the basic versions often don't include the proper support for Form 1116.
Just a quick word of caution - make sure you're allocating your foreign tax credit to the right category (general, passive, etc.) on Form 1116. This is another area where tax preparers often make mistakes. Based on your description, your Japan income sounds like general category income (assuming it was for work/services). If you incorrectly categorized it in 2023, that could affect how the carryforward works. Might be worth double-checking your 2023 return to make sure the income was properly categorized before applying the carryforward to 2024.
Sean Flanagan
Why not just keep the stocks if they've been performing well? Moving from individual stocks to index funds isn't always necessary, especially if they're blue chip companies. You're guaranteeing a tax bill by selling now.
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Malik Jackson
ā¢I've considered that, but the inheritance left me really overweighted in just two sectors (finance and healthcare). The financial advisor at Vanguard recommended I diversify since these stocks now make up almost 30% of my total portfolio. I'm just trying to be smart about when and how I make the transition to minimize the tax hit.
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Sean Flanagan
ā¢I understand wanting to diversify, but consider doing it gradually over a couple of tax years instead of all at once. You could sell enough this year to stay in a lower tax bracket, then do the rest next year. Also worth checking if any of these companies offer dividend reinvestment plans (DRIPs). If they do, you could potentially shift some portion to those programs and slowly diversify without selling and triggering capital gains.
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Zara Mirza
Don't forget about the wash sale rule! It doesn't apply to gains, only losses. So if you really like some of these companies but want to reset your basis, you can sell them and buy them right back. Your new basis would be the repurchase price.
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NebulaNinja
ā¢That's actually incorrect. The wash sale rule only applies when you sell at a LOSS and then rebuy within 30 days. OP is dealing with GAINS, so the wash sale rule isn't relevant here at all. Plus, what would be the point of selling at a gain, paying taxes, and immediately rebuying? That would just create a tax bill with no benefit.
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