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Has anyone had experience with how this works if there's a trust involved? My accountant suggested putting our VOO and other index funds into a revocable living trust instead of relying on beneficiary designations or estates. Supposedly this gives more control?
My parents went the trust route and it was incredibly smooth when my dad passed. The shares transferred to my mom without liquidation or going through probate. The main advantage seemed to be that the trust provided clear instructions about everything, not just the investments. They did have to retitle all their accounts into the name of the trust though, which took some paperwork.
Just a quick thought - I learned from my own expensive mistake that you should verify your brokerage's policies regularly. My mom had VTSAX shares at Vanguard with my sister as beneficiary, but when Vanguard transitioned some account management to another firm, their beneficiary policies changed. We didn't realize until after she passed, and it created a huge headache. Whatever you decide, get the current policy in writing and review it annually to make sure nothing has changed. Policies differ between brokerages and can change over time.
One thing to keep in mind - when you apply for ITINs with your tax return, your refund will be held until the ITINs are processed. Last year this took almost 4 months for my brother's kids! If you need your refund quickly, you might want to consider applying for the ITINs separately before filing your tax return.
Thanks for mentioning this! I hadn't considered the refund delay. Do you know if there's any way to apply for the ITINs now, before tax season starts, so everything's ready when I file?
Yes, you can absolutely apply for ITINs before tax season! You'll need to submit the W-7 forms along with your federal tax return, but you can do this outside of tax season. You'll include a note explaining that you're applying for ITINs for the purpose of filing tax returns in the future. The advantage is that once the ITINs are assigned, you'll be able to file your 2025 tax return normally without delays in processing or receiving your refund. Given that ITIN processing is typically slower during peak tax season, applying now could save you significant waiting time.
Whatever you do, DONT mail original documents to the IRS if you can avoid it!!! My cousin did this for her kid's ITIN application last year, and it took 8 months to get her daughter's birth certificate back. Use a certified acceptance agent who can verify the documents on the spot so you keep your originals.
Is there a directory or something where you can find certified acceptance agents in your area? I'm in a small town and not sure if we even have any nearby.
A tip from someone who's been in your situation: make sure you're also checking if you need to file Form 8938 (Statement of Specified Foreign Financial Assets) if the value of your foreign properties exceeds certain thresholds. I got hit with a nasty penalty for missing this even though I reported all my income correctly. The thresholds depend on whether you're filing single or married, and whether you live in the US or abroad. For someone on a work visa living in the US filing single, the threshold is $50,000 on the last day of the tax year or $75,000 at any time during the year.
Thanks for bringing this up! I hadn't even considered Form 8938. Do foreign properties always count as "specified foreign financial assets" or does it depend on how they're used?
Foreign real estate directly owned by you generally isn't considered a specified foreign financial asset for Form 8938 purposes. However, if your property is held through a foreign entity like a corporation or partnership, then the interest in that entity would need to be reported. That said, you absolutely need to report the income from the property (rental income, farming profits, or capital gains from selling) on your tax return regardless. And if you have foreign bank accounts where you're depositing the income from these properties, those accounts may need to be reported on both Form 8938 and the FBAR if they meet the thresholds.
Don't forget that timing matters for establishing tax residence too! Your tax obligations depend on whether you pass the Substantial Presence Test for the tax year. If you're in the US on a work visa and have been here for most of the year, you'd typically be considered a US tax resident and need to report worldwide income. But if you just arrived on your work visa this year, you might be a dual-status alien or a nonresident for part of the year, which could affect how your foreign property sale is taxed.
I used to work for a federal agency that issued cooperative agreements and JVAs. What's probably happening is that the agency is classifying your payment as a "cooperative agreement payment" rather than "contractor compensation" in their system. Federal accounting is weird like that. But here's the important part - this is THEIR classification for THEIR accounting purposes. For YOU, it's still income you received for services rendered, which means it's reportable on your Schedule C. Don't let their internal accounting categories affect how you report your income.
Thank you so much for this insider perspective! That makes a lot of sense. I've been keeping all my bank statements, invoices, and copies of the joint venture agreement, so I should have good documentation. I'll go ahead and report it all on my Schedule C as normal self-employment income. Do you think I should also include a note or explanation somewhere on my tax return about why there's no matching 1099-NEC for this income?
You're welcome! Glad I could provide some clarity from the federal side. I wouldn't add a separate explanation to your tax return - there's no good place for that kind of note anyway. However, when you complete Schedule C, there is a question that asks if you received all required Forms 1099. You can answer "No" to that question, which is sufficient. Just make sure you keep all your documentation organized in case of questions later.
Has anyone else noticed that when working with federal agencies, they often have totally different terminology and procedures than private sector clients? I did a project with USDA last year and they kept referring to my payments as "cost share reimbursements" even though I was clearly a contractor. Tax time was a nightmare!
OMG yes! I worked with the EPA on a water quality project and they called me a "cooperating technical advisor" instead of a contractor. But when I asked about taxes they just said "consult your tax professional" which wasn't helpful at all. Government speak is like a whole different language sometimes.
Sarah Ali
Another option is to use Form 8275 (Disclosure Statement) to explain the situation. I had a similar issue and my accountant included this form explaining that I only had employer coverage and the Premium Tax Credit flag was in error. We e-filed with this form attached and it went through without a problem.
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Ryan Vasquez
ā¢Does Form 8275 work even when the e-file system is giving the specific rejection code about the Premium Tax Credit? I thought those automated rejections couldn't be overridden with explanation forms.
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Sarah Ali
ā¢Yes, it can work depending on the specific rejection code. The Form 8275 creates a "soft override" for certain validation checks. It won't work for all rejection codes, but for Premium Tax Credit mismatches where there's a discrepancy between what the IRS thinks and your actual situation, it can be effective. The key is properly documenting your explanation with supporting details. In my case, we included my employer's EIN, coverage dates, and policy numbers to prove I had continuous employer coverage and never received PTC. If your tax software doesn't allow attaching Form 8275 to e-file, then mailing is still your best option.
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Avery Saint
I just want to add that if you DO end up paper filing, make sure to send it certified mail with return receipt! The IRS is notorious for "losing" paper returns, and having proof of delivery can save you from penalties if they claim they never received it.
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Taylor Chen
ā¢100% this! My brother's return got "lost" last year and he had to deal with failure-to-file notices. Since he didn't have proof of mailing, it was a huge hassle. Certified mail is absolutely worth the extra $5.
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