


Ask the community...
Just wanted to add that your record label might actually be able to help you with this. When I signed with Universal last year, their accounting department provided guidance on how to complete the W-8BEN based on their standard contract terms with international producers. Most major labels process payments to international talent all the time, so they often have internal guidance on how they classify different types of payments under various tax treaties. Doesn't hurt to ask them directly! Remember though, their interpretation might be more conservative (higher withholding) than what you're actually entitled to, since they're mostly concerned with staying compliant on their end.
Thanks for the suggestion! I actually tried asking their accounting department first, but they just sent me the blank form and told me to fill it out "according to my country's tax treaty." Not very helpful! The label is Sony Music, and I was surprised they weren't more hands-on with this process considering how often they must deal with international producers.
That's frustrating but unfortunately not uncommon. The bigger labels sometimes take a hands-off approach to avoid any liability for giving tax advice. Sony definitely works with tons of international producers though, so it's odd they weren't more helpful. Since they weren't useful, your best bet is to either use one of the services mentioned above or consult with a tax advisor who specializes in entertainment industry international tax. The key is determining whether your advance is considered fully royalties or partly services, as that affects which treaty article applies. Whatever you do, don't leave line 10 blank - that's a common mistake that results in maximum withholding.
One thing nobody has mentioned yet is that you should also check if Sweden has special provisions for artists and entertainers in their US tax treaty. Many countries have what's called an "Artistes and Sportsmen" article (usually Article 16 or 17) that can override the royalty provisions for certain types of income. Also, make sure you're actually considered a tax resident of Sweden and not Denmark as you mentioned being from Denmark in your post. You need to claim treaty benefits based on where you're a tax resident, not your citizenship.
Have you considered doing a 1031 exchange? My accountant suggested this when I was in a somewhat similar situation last year. It might help defer some of the tax implications.
I'm not sure a 1031 exchange would work in my situation. Don't those only apply when you're selling one investment property and buying another? I'm not selling my home, just temporarily renting it out. And I'm not buying the hotel, just staying there temporarily.
You're absolutely right, and I apologize for the confusion. A 1031 exchange wouldn't apply in your situation since you're not selling property. It requires a sale of one investment property and purchase of another "like-kind" property. What might be more applicable in your case is to carefully track all legitimate rental expenses to offset as much of the income as possible - property tax portions, insurance, maintenance, depreciation during the rental period, etc. Those are definitely deductible against your rental income.
One thing nobody's mentioned - if you're only renting your home temporarily, you might consider a different approach. Instead of creating an LLC, you could structure this as a month-to-month arrangement with lower rent and just gift the difference between market rate and what you're charging. It could potentially simplify the tax situation.
Careful with that approach. The IRS can recharacterize arrangements if they appear to be structured mainly to avoid taxes. If the market rate is $2,000 but you charge $1,000 and call the rest a "gift," that could potentially raise flags.
One thing nobody has mentioned yet - be careful with timing on this. The IRS recently announced they're implementing a moratorium on processing new ERTC claims starting September 14, 2023, due to concerns about fraud. They're going to be more closely scrutinizing claims going forward. This doesn't mean legitimate claims won't be processed, but there may be additional delays and verification steps. If your parents clearly qualify (and it sounds like they do), you should still proceed, but just be prepared for potentially longer processing times.
Thanks for that info - I hadn't heard about the moratorium! Do you know if that affects claims that have already been submitted or just new ones going forward?
The moratorium primarily affects new claims submitted after September 14, 2023. Claims already in the system before that date should continue to be processed, though possibly with additional scrutiny. The IRS has also stated they're prioritizing processing the backlog of previously submitted claims, so in some ways, if you already have a claim in the system, this might actually be good news as they focus resources on clearing existing claims before accepting new ones. If you haven't submitted yet, I'd recommend getting your documentation very thoroughly organized before filing.
Just a word of warning about doing this yourself - I tried to DIY my ERTC claim for my small shop and accidentally claimed some wages that had been covered by PPP forgiveness. Ended up having to refile and it created a huge mess. If you do this yourself, be SUPER careful about tracking which wages were paid with PPP funds vs which ones are eligible for ERTC.
Just want to add that it might be worth checking if your state has a "physical presence" test or a "domicile" test for establishing residency. Some states consider you a resident if you're physically present for a certain number of days (often 183), while others look at your domicile (permanent home). This can complicate reciprocity because you need to be officially considered a resident of the reciprocal state for the agreement to apply. I had an issue with this between Minnesota and Wisconsin where I had moved but hadn't established domicile yet according to the state's definition.
Can you explain more about the domicile test? I thought just having an apartment in the new state would be enough to establish residency on the day I moved in. Are there other requirements?
Good question about domicile! Having an apartment alone might not be enough in some states. Domicile is about your intent to make the state your permanent home, not just physical presence. States look at various factors to determine domicile: where you're registered to vote, your driver's license state, where your vehicles are registered, location of bank accounts, where you have professional licenses, community involvement, and even where your family lives if you're splitting time. Some states have specific forms or tests to determine when your domicile officially changed.
Anyone know if there's a way to get a letter ruling or some kind of official determination from the state before filing? I'm in a similar situation between Virginia and DC, and I don't want to find out I did it wrong if I get audited.
You can usually request a private letter ruling from the state tax department, but they often charge a fee (sometimes hundreds of dollars) and it can take months to get. Probably not worth it unless you're talking about a lot of money at stake.
Thanks for the info. Definitely not worth hundreds of dollars since I'm only talking about maybe $2000 in state taxes total. Guess I'll just have to do my best with the reciprocity rules and keep good documentation.
Molly Chambers
Besides the technical requirements others mentioned, I highly recommend focusing on finding your niche as a tax preparer. When I started, I tried to be a generalist, but I really struggled to stand out. Eventually, I focused specifically on small restaurant owners in my area - I learned all the specific deductions, credits, and common audit issues for that industry. Now I have more clients than I can handle because I've become known as "the restaurant tax person" in my area. With your banking background, maybe consider focusing on financial professionals or a specific industry you're familiar with from your corporate work. It makes marketing so much easier when you can position yourself as a specialist.
0 coins
Lucas Turner
ā¢That's brilliant advice! In my corporate role I've worked mostly with manufacturing clients. Do you think that's too narrow a niche to start with? How did you initially market yourself to restaurant owners?
0 coins
Molly Chambers
ā¢Manufacturing is actually a perfect niche - there are specific tax considerations around depreciation, inventory, R&D credits, and supply chain that general tax preparers often miss. That specialized knowledge will immediately set you apart. For marketing to restaurants, I started by creating a simple one-page guide to "Top 10 Tax Deductions Restaurant Owners Miss" and literally walked door-to-door to local restaurants during their slow hours. I offered a free 30-minute consultation to review their previous returns. About 1 in 5 consultations converted to clients, and from there it was all word-of-mouth. The restaurant community is tight-knit, so once I had a few happy clients, referrals started flowing. You could do something similar with local manufacturing businesses.
0 coins
Ian Armstrong
Has anyone taken the EA exam recently? Is it as difficult as people say? I'm debating whether to just get the PTIN and start preparing taxes or invest the time in becoming an Enrolled Agent first.
0 coins
Eli Butler
ā¢I took it last year. It's definitely challenging but manageable if you study consistently. I used the Gleim materials and studied about 15 hours weekly for 3 months. The biggest advantage is being able to represent clients before the IRS in audits, collections, and appeals. I've found that credential has helped me charge higher rates and attract better clients.
0 coins