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This happens more than you'd think! I'm a property manager and see this all the time with family properties. You need to file Form 8275 "Disclosure Statement" with your tax return to disclose this situation to the IRS. This will help protect you from penalties if the rental income hasn't been properly reported. Also get a Quitclaim deed to transfer the property back to your mom or to sell it - having property in your name that you don't control is a liability nightmare.
Thanks for this advice! So with the Form 8275, would I need to file this for just the current year or for previous years too? I have no idea how long this property has been in my name.
You would ideally file the Form 8275 with an amended return for each year the property was in your name and generating income that wasn't reported on your tax return. However, the IRS generally only looks back 3 years for audits (6 years in cases of substantial underreporting), so many tax professionals focus on those years. For the Quitclaim deed, you'll need your mother's cooperation, but it's a relatively simple document that transfers your interest in the property back to her. This would at least stop the ongoing liability issue, even if you still need to address past years.
Honestly your mom committed tax fraud if she's been collecting rent on property in your name but reporting it as her income. You should check your credit report too because sometimes people who put properties in others' names also take out loans. Document everything and consider consulting with a tax attorney before taking any action - you don't want to accidentally implicate yourself in tax evasion.
This! And check with the county to see if there are any liens or property tax issues too. My cousin's ex put a property in her name without telling her and then didn't pay property taxes for years. She found out when she went to buy a car and got denied for a loan because of the tax lien.
Just a quick tip from my experience moving from India to the US mid-year last year: make sure you're clear about your residency status for tax purposes! There's something called the "substantial presence test" that determines if you're a resident alien or nonresident alien for tax purposes. Since you arrived in November, you might actually be considered a nonresident alien for 2023 tax purposes, which would change how you file. If that's the case, you might need to file Form 1040-NR instead of the regular 1040, and the joint filing with your spouse might be more complicated. FreeTaxUSA should have a questionnaire that helps determine your status, but just make sure you're clear on this before you start the actual filing process.
Thank you for bringing this up! I hadn't even considered the resident vs. nonresident alien distinction. Do you know if there's any advantage to being classified one way or the other? And will FreeTaxUSA automatically determine which forms I need based on my answers?
There can definitely be advantages depending on your specific situation. Generally, if most of your income was earned outside the US (which sounds like your case), being a nonresident alien means you only pay US tax on US-source income. As a resident alien, you'd be taxed on worldwide income. FreeTaxUSA will guide you through questions to determine your status and should select the appropriate forms. However, there's a special provision where nonresident aliens married to US citizens can elect to be treated as residents for tax purposes, allowing you to file jointly. This is often beneficial but depends on your specific numbers. The software should walk you through this option as well once it determines your status.
Has anyone compared FreeTaxUSA to TurboTax for handling foreign income? I'm in a similar situation (moved from South Korea last year) and wondering which software handles international situations better?
I've used both. TurboTax is more hand-holdy with foreign income but WAY more expensive when you need the premium version for international situations. FreeTaxUSA has all the same forms and capabilities but the interface is slightly less polished. Functionally they both work fine - I switched to FreeTaxUSA and saved about $70.
Just to add some clarification - it also matters if the settlement had punitive damages vs compensatory damages. Punitive damages are almost never deductible, while compensatory might be depending on what they're compensating for. If your settlement agreement breaks down what's what, that's super helpful for determining tax treatment.
Thanks for this - my settlement does break down different amounts. About $21k was compensatory for financial losses and about $7k was listed as "other damages." Is there a way to deduct at least the compensatory part?
Based on your breakdown, if the $21k compensatory damages were related to financial losses from a business activity or investment property, then yes, that portion would likely be deductible in the appropriate section (Schedule C for business, Schedule E for rental property, etc.). The $7k listed as "other damages" is more ambiguous and would depend on the specific nature of those damages. If they're punitive damages, those typically aren't deductible. If they're for emotional distress without physical injury, those generally aren't deductible either. But if they relate to a business loss in some way, they might be.
Make sure you keep really good records of the settlement! If you get audited, you'll need to show the settlement agreement and proof of payment. I got audited 2 years ago over a business settlement deduction and having all my paperwork saved me big time.
Do cancelled checks count as proof or do you need more than that? I paid my settlement in 3 installments and have the cancelled checks but wondering if I need more documentation.
One thing I learned from my CPA friend - create a simple coversheet/checklist with everything you're providing them. It makes it super obvious if something is missing and gives them a quick overview of your situation. My friend says clients who do this tend to get their returns done faster because they don't have to keep coming back asking for missing documents. It also helps you keep track of what you've already given them vs what you still need to track down.
Do you have a template for this coversheet you could share? I'm trying to visualize what should be on it besides just a list of documents.
I don't have a specific template, but I include these sections: Personal Info (names, SSNs, address), Income Documents (list all W-2s, 1099s by source), Deduction Documentation (charitable contributions, home office, etc.), Credits (child tax credit info), Estimated Tax Payments (dates and amounts), and Questions (things I specifically want the CPA to address). I also add a section for "Changes from Last Year" that highlights anything new (like your new baby) so they immediately know what's different.
I've been using a CPA for years and the best thing I started doing was keeping a "tax events" note on my phone. Whenever something happens that might affect taxes (bought something for business, made a donation, started using part of house for work), I just jot it down with the date. By tax time I have a chronological list of everything that happened.
Smart! What app do you use for this? Just regular notes app or something specific for tracking expenses?
GalaxyGuardian
Just wanted to add that you might want to look into setting up a 529 plan instead of a custodial account. Depending on what the money is for, a 529 might be more tax-advantaged. The growth isn't taxed if used for qualified education expenses, which means you wouldn't have to worry about the gift tax implications of paying those taxes.
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Chloe Martin
β’Thanks for the suggestion! I've actually considered a 529, but I want to give my daughter more flexibility with the funds in case she doesn't go to college or has other goals. Does the 529 have to be used for education, or can it be used for other things too?
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GalaxyGuardian
β’A 529 plan is primarily designed for educational expenses. If the funds are used for qualified education expenses (tuition, books, room and board, etc.), the earnings are completely tax-free. If the money is used for non-educational purposes, you'll pay income tax on the earnings plus a 10% penalty. However, there are exceptions to the penalty in certain situations, like if your child gets a scholarship. Also, recent changes allow using up to $10,000 from a 529 to repay student loans, and you can now roll some unused 529 funds into a Roth IRA. So there's a bit more flexibility than there used to be, but definitely less than a custodial account.
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Aisha Abdullah
This might be a dumb question but why not just contribute a little less to the custodial account (like $34K instead of $36K) and earmark that remaining money for potential tax payments? That way you're still under the annual gift tax limit and don't have to worry about the additional gift issue.
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Ethan Wilson
β’Not a dumb question at all - that's actually what my financial advisor suggested when I was in a similar situation! Just calculate approximately what the tax liability might be and reduce the gift by that amount. Keeps everything clean and simple.
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