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Ask the community...

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Daniel Price

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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.

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Noah Irving

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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.

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Daniel Price

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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.

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Olivia Evans

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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.

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My family uses income averaging and it's saved us thousands. But remember it only helps the active farmers (her brothers who run it), not passive shareholders. The original poster and his wife would still get the K-1 with the same amount of pass-through income regardless.

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Mason Stone

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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.

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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.

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Mason Stone

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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.

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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.

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Emma Olsen

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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).

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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?

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PixelWarrior

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Has anyone used the IRS's Direct Pay system for making these estimated payments? I'm wondering if there's any advantage to that versus mailing in a check with a 1040-ES voucher. I made a big payment for capital gains last year but never got any confirmation it was received other than my bank showing the check cleared.

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I've used Direct Pay for the last 3 years and it's WAY better than mailing checks. You get an immediate confirmation number, you can designate exactly what the payment is for (estimated tax, extension, etc), and it shows up in your IRS account transcript within a few days. Plus no worries about checks getting lost in the mail!

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PixelWarrior

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Thanks for the info! That sounds much more reliable than what I've been doing. I hate not knowing if the IRS properly applied my payment until months later when I file. Do you know if the confirmation they send is something I should keep for my records or is it just for peace of mind? I'll definitely switch to Direct Pay for my next payment.

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kinda off topic but does anyone know if we need to make our q1 2025 estimated payment before or after filing the 2024 return? i always get confused about this. like if i owe for 2024 when i file, does that payment also count toward 2025 estimates or are they totally separate things?

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Yuki Tanaka

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They're totally separate things. The Q1 2025 estimated payment (for income you earn January-March 2025) is due April 15, 2025, which is typically the same deadline as your 2024 tax return. But they're completely different payments. Any payment you make when filing your 2024 return is just to settle up what you owe for 2024 - it doesn't count toward your 2025 estimated taxes. You need to make that Q1 estimated payment separately if you expect to have income not covered by withholding in 2025.

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Has anyone worked with a specialized R&D tax credit firm vs doing it yourself or using software? We're debating between hiring a specialized firm (charging 25-30% of the credit) vs trying to handle it internally with some software assistance.

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Omar Mahmoud

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We used [firm name] last year and they found about $180k in credits, but charged us $54k (30%). They handled everything including amending prior year returns. The documentation they prepared was really thorough which helped when we got some questions from the IRS. Expensive but worth it for the peace of mind.

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That's helpful to know. The 30% fee sounds high but having thorough documentation that stands up to IRS scrutiny seems worth it. Did they help with both the technical and financial documentation aspects? I'm also wondering about the amending prior years - did that cause any complications or did it go smoothly? We're considering going back to claim 2022 credits we missed.

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Chloe Harris

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Question for everyone - with the Section 174 capitalization requirements, has anyone found a good accounting software that properly handles tracking these R&D expenses separately? Our current system doesn't seem to have caught up with these tax changes.

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Diego Vargas

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We've been using QuickBooks with custom accounts set up specifically for R&D. Created separate accounts for domestic R&D (5-year amortization) and foreign (15-year). Then set up amortization schedules in Excel that feed back to our monthly journal entries. Not perfect but it works.

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Chloe Harris

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Thanks for the suggestion! That makes sense - creating custom accounts seems like a practical workaround. I'm still hoping software providers will catch up with better built-in solutions for these R&D tracking requirements. Our controller wasn't thrilled about the manual Excel approach but I guess that's what we'll need to do for now. Did you run into any challenges with mid-year R&D expenses and when to start the amortization?

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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.

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NeonNova

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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?

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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.

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Yara Sabbagh

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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.

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This is excellent advice. I messed this up years ago with my Hong Kong income and it caused a huge headache. Had to amend returns because my preparer put everything in passive category when most should have been general.

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