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One additional point that hasn't been mentioned yet - if your LLC invests in U.S. stocks and receives dividends, you may need to consider Form 1042/1042-S reporting if you then distribute those funds to yourself as the foreign owner. Though since you're a disregarded entity, this might be handled differently. Also, depending on how much you're investing, be aware of potential FIRPTA implications if any of your investments include U.S. real property interests (even indirectly through certain REITs). Have you considered electing to be treated as a corporation instead of maintaining disregarded entity status? In some cases, this can provide more favorable tax treatment for certain types of investment income, depending on your tax treaty.
I haven't considered electing to be treated as a corporation - could you explain a bit more about when that might be advantageous for investment activities? Would the corporate tax rates be better than the withholding rates in some cases? And would I still need to file Form 5472 if I made that election?
Making an election to be treated as a corporation (Form 8832) can sometimes be advantageous because U.S. corporate tax rates might be lower than the withholding rates applied to foreign persons, especially for certain investment types. For example, while dividends are typically subject to 30% withholding (or lower with tax treaties), the corporate income tax rate is 21%. Yes, you would still need to file Form 5472 if you made the election, as it applies to 25% foreign-owned U.S. corporations. However, instead of filing a pro-forma 1120, you'd file a regular Form 1120 as an actual tax return. Another benefit is that a corporation can potentially claim deductions against income that might not be available to a foreign person receiving passive income. The downside is increased compliance requirements and potential for double taxation if you eventually distribute earnings to yourself. The optimal structure really depends on your specific situation, investment amounts, and how your country's tax treaty interacts with U.S. tax law.
Has anyone here used a U.S. brokerage account for their foreign-owned LLC? I'm trying to decide between Interactive Brokers, Charles Schwab, and TD Ameritrade but worried about account opening difficulties for foreign-owned LLCs.
I've had an account with Interactive Brokers for my foreign-owned Delaware LLC for about 3 years now. They're definitely more accommodating to international structures than many other brokerages. The documentation requirements were still extensive, but their system is set up to handle foreign ownership situations. They also have good systems for handling tax withholding based on tax treaty status.
Just wanted to add something important about the refund time limit that hasn't been mentioned yet. You only have 3 years from the original due date to claim a refund. So for 2021 taxes, you have until April 2025 to file and still get your refund. For 2020, the deadline is April 2024 (which has passed), BUT remember 2020 had special COVID extensions, so that deadline was actually May 17, 2024. If you missed that, unfortunately that refund is gone. 2022 and 2023 are still well within the window. Don't delay any further though - those refunds are YOUR money that was withheld from your paychecks!
Oh no, I might have missed the deadline for 2020 then! Does the IRS ever make exceptions for people who didn't know about the 3-year rule? And just to clarify, even if I can't get a refund for the older years, I should still file those returns anyway, right?
Unfortunately, the IRS is very strict about the 3-year refund statute and doesn't make exceptions even if you didn't know about the rule. It's set by law, not IRS policy, so they can't bend it. Yes, you should still file all unfiled returns even if you can't get the refund anymore. This closes your file with the IRS and prevents future issues. While you won't get money back for those older years, filing completes your tax record and can help with things like loan applications, government benefits, or any situation where tax return information is needed. Better to have everything clean and complete than leave those old years hanging.
Has anyone used the Free File Fillable Forms on the IRS website for past year returns? I'm in a similar situation (didn't file 2022 or 2023) but I'm trying to avoid paying for software if possible.
Free File Fillable Forms only work for the current tax year (so right now, only 2024). For prior years, you need to download the specific forms for those tax years from the IRS website and mail them in. I did this last year for my 2021 and 2022 returns. You can still use free tax software though! Most of the major companies (TurboTax, H&R Block, TaxSlayer) offer access to prior year returns on their websites. The catch is that you can prepare them for free, but they usually charge to file them. Since you have to mail prior year returns anyway, you can just print them out and mail them yourself without paying.
If your bonus was $4,200 and you got $2,400 after taxes, that actually sounds about right. Remember that withholding includes: - Federal income tax (22% for supplemental wages) - Social Security (6.2%) - Medicare (1.45%) - State income tax (varies by state, but often 5-9%) - Local taxes in some areas - Any retirement contributions that come out automatically So hitting 43% total withholding is unfortunately pretty normal. The good news is you might get some back when you file, especially if you're in a tax bracket lower than 22%.
Thanks for breaking that down! My state tax is about 6% and I do have a 5% 401k contribution that's automatic on all my income. When you add it all up, I guess it does get close to that 43%. Do you know if there's any way to adjust withholding specifically for bonuses? Or am I just stuck with this high withholding rate?
Unfortunately, you generally can't adjust withholding specifically for bonuses. The IRS rules for supplemental wages are pretty rigid - employers must withhold at either the flat 22% rate or use the aggregate method. Your best option is to adjust your W-4 withholding on your regular paychecks to compensate if you're consistently getting large bonuses. But be careful not to underwithhold too much or you could face penalties. The IRS withholding calculator can help you find the right balance.
I remember when I first started getting bonuses and was shocked at the withholding too! One trick I learned: if you know a bonus is coming, temporarily increase your 401k contribution to the max for just that pay period. The bonus gets diverted to retirement pre-tax, and you avoid the heavy withholding. Then you can switch your contribution back to normal afterward. It's a nice way to boost retirement savings and avoid the tax shock. Just make sure you're not depending on that bonus cash for immediate expenses if you do this!
Everyone's focused on the tax rates, but don't forget about other advantages of S-corps. The ability to minimize self-employment taxes by taking a reasonable salary plus distributions is huge. I save about $7,500 annually just from properly structuring my compensation this way compared to when I was a sole proprietor. Also, with an S-corp you can still contribute to a Solo 401k based on your salary, which helps reduce your taxable income significantly. The C-corp has other issues like accumulated earnings tax if you try to keep too much money in the business.
What's a good ratio of salary to distributions that won't trigger IRS concerns? I've heard different things from different sources.
There's no fixed percentage that's universally "safe" as the IRS looks at what's reasonable for your industry, experience, and business circumstances. A common approach is researching what comparable positions in your industry would pay and documenting that research. For many service businesses, I've seen recommendations ranging from 50-70% of profits as salary being reasonable, but it varies widely. Healthcare professionals often need higher salary percentages while capital-intensive businesses might justify lower percentages. The key is having solid documentation for whatever number you choose.
As a point of clarification, the 12% bracket you mentioned would only apply to a portion of your income anyway. Tax brackets are marginal, so you're not paying one single rate on all income. With your current W2 of 72k plus business income of 50-65k, you'd be well into the 22% bracket regardless of how you structure things.
This! So many people don't understand marginal tax rates and make decisions based on completely wrong assumptions. OP needs to look at effective tax rate across all income, not just the highest bracket they hit.
Ethan Wilson
One thing nobody's mentioned yet is that commercial EV credits are structured differently than personal ones. For commercial vehicles, it's calculated as the lesser of: (1) 30% of the vehicle's cost, or (2) the incremental cost between the EV and a comparable gas vehicle. But there's a cap of $7,500 for vehicles under 14,000 lbs and up to $40,000 for heavier commercial vehicles. Also, the commercial credit is non-refundable but can offset AMT, while the personal credit is now potentially refundable at point of sale.
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NeonNova
ā¢Thanks for explaining this! I'm confused about the "incremental cost" part though. How exactly is that calculated? Does the IRS provide specific comparisons somewhere of EV vs gas vehicle costs?
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Ethan Wilson
ā¢The incremental cost calculation is indeed one of the more confusing aspects. The IRS hasn't provided an official database of comparisons, which leaves it somewhat open to interpretation. Generally, you'd need to identify a comparable gas-powered vehicle with similar features and capacity, then calculate the price difference. For many passenger vehicles and light trucks, the 30% calculation usually results in an amount exceeding $7,500, so you'll often just get the maximum $7,500 credit. The incremental cost calculation becomes more relevant for specialty commercial vehicles where the EV premium might be less pronounced or for vehicles over 14,000 lbs where the higher credit limit applies.
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Yuki Tanaka
Just wanted to share my experience - I purchased a Rivian R1T last month through my landscaping business after researching both credit options. The dealer actually suggested I go the commercial route because the truck wouldn't qualify for the full personal credit due to its price and battery sourcing. Best decision ever! The paperwork was straightforward, I got the full $7,500 credit, and I didn't have to worry about all those personal credit restrictions. Just make sure your business legitimately needs the vehicle. I use mine to visit client properties and haul equipment, which makes it a genuine business expense.
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Carmen Diaz
ā¢Did you have to make any modifications to the truck to qualify it as a business vehicle? I've heard some people say you need commercial insurance or special registration for it to count.
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