


Ask the community...
Be really careful with the OIC process! I submitted one last year and it got rejected because I didn't include all my assets correctly. The IRS is VERY thorough in checking your financial situation. Make sure you account for: - All bank accounts (even small ones) - Retirement accounts (they count these too) - Any property or vehicles - Future income potential My advice is to be 100% transparent. They'll find everything anyway, and hiding assets is the fastest way to get rejected and possibly face worse consequences.
Do they really count retirement accounts? I thought those were protected. I have about $45k in my 401k but didn't think that would count against me for an OIC calculation.
Yes, they absolutely consider retirement accounts in your OIC calculation. While you're right that they can't directly seize most retirement accounts, they still view them as assets that could be used to pay your tax debt. The IRS typically includes a percentage of retirement account values in your "reasonable collection potential" calculation. They don't necessarily expect you to cash them out (especially given the penalties), but they do factor them into what they think you could potentially pay. This is one of the most common misunderstandings that leads to OIC rejections.
What happens if the IRS rejects your Offer in Compromise? Do they keep the 20% payment you sent with your application? I've been hesitant to apply because I don't want to lose that money if they say no.
They apply any payments you've made toward your tax debt, they don't just keep the money. So if your offer gets rejected, that 20% payment (or whatever payments you've made) will reduce your overall tax debt. It's not lost money.
One thing nobody's mentioned yet is the currency exchange risk. Your $130k USD salary in Montreal will be paid in Canadian dollars, so your actual take-home in USD terms will fluctuate with exchange rates. This doesn't directly affect your tax situation, but it does impact your real purchasing power if you have US debts or plan to move back eventually. Also, Quebec has higher sales tax (14.975% combined GST/QST) compared to Texas (6.25% state sales tax plus up to 2% local). This isn't income tax, but it affects your overall cost of living.
That's a really good point about currency risk that I hadn't considered! Do you know if there are any tax-efficient ways to manage currency conversion when sending money back to the US? I'll still have some student loans and a car payment in USD.
There aren't specific tax advantages for currency conversion, but you might want to look into services like Wise (formerly TransferWise) or OFX for better exchange rates than banks offer. The conversions themselves aren't tax events unless you're actually trading currencies as investments. For your US debts, you might consider keeping a US bank account open and periodically transferring larger sums to minimize conversion fees, rather than monthly smaller transfers. Some expats also maintain US credit cards for US-based recurring payments while living abroad, which can simplify things.
Don't overlook the totalization agreement between the US and Canada regarding social security! You'll be paying into the Canada/Quebec Pension Plan instead of US Social Security, but the agreement ensures these contributions count toward your eligibility for both systems. This becomes important if you don't spend your entire career in one country - you might be eligible for partial benefits from both systems depending on your total work history. The IRS Publication 519 has details on this, and it's definitely worth reading.
This is so important and often overlooked! I worked in Canada for 7 years and then moved back to the US. When I applied for Social Security benefits, they initially calculated without my Canadian work history. I had to specifically request they consider the totalization agreement, which increased my monthly benefit by about $300!
Just wanted to add my two cents - I had the exact same issue with after-tax 401(k) contributions being reported as taxable on my 1099-R when rolled to a Roth IRA. In my case, I found that my plan administrator had actually maintained separate accounting for my after-tax contributions, but their reporting system wasn't configured to show this correctly on the 1099-R. What worked for me was requesting my "contribution history statement" from the 401(k) administrator. This document showed the breakdown of pre-tax vs. after-tax contributions over the years. I attached this to my return along with Form 8606 and a written explanation. No issues from the IRS, no audit, and I correctly avoided paying double tax on my after-tax contributions. Sometimes the documentation is available, just not in the obvious places!
Thank you for this suggestion! I hadn't thought about requesting a contribution history statement. Did you have to specifically ask for the "contribution history statement" by that exact name, or was there another term for it? And how long did it take them to provide it?
I asked specifically for a "contribution history report showing the breakdown between pre-tax and after-tax contributions." Some plan administrators call it different things - contribution history statement, basis statement, or non-taxable investment summary. Be very clear that you need documentation showing your after-tax contribution basis. It took about a week for them to generate the report in my case. They initially tried to tell me they couldn't provide it, but when I mentioned I needed it for tax filing purposes to correctly report the rollover, they found a way to generate it. Be persistent - this documentation exists somewhere in their system, even if the frontline customer service reps don't immediately know how to access it.
One important thing to remember with these after-tax to Roth rollovers - the timing matters for reporting purposes. Did your rollover happen as a direct trustee-to-trustee transfer, or did you receive a check that you then deposited into your Roth IRA? If it was a direct transfer, the reporting is more straightforward. If you received a check, even if you deposited it within the 60-day window, the reporting gets more complicated. Either way, Form 8606 is your friend here. Also, if you had ANY earnings on those after-tax contributions (even a few dollars), those earnings are taxable when rolled to a Roth. Make sure you're only excluding the actual contribution basis from taxation, not any growth that occurred before the rollover.
If you have a court-ordered custody agreement that specifies who claims the child in which years, you should include a copy of that with your paper tax return in addition to Form 8332. The IRS will investigate when they see two returns claiming the same dependent. My advice is to paper file immediately with all supporting documentation. Don't wait! If the investigation finds in your favor, the other person who claimed your child will have to pay back any tax benefits they received plus potential penalties. The IRS takes these conflicts seriously.
Thank you for this advice! Do I need to get the court order notarized again or is my regular copy sufficient? And should I highlight the relevant parts about the tax arrangement or just send the whole document?
A regular copy of the court order is sufficient - no need for a new notarization. It's a good idea to highlight the relevant sections about the tax arrangement so the IRS agent can easily find the important parts, but also include the entire document so they can see it's part of an official court order. I also recommend including a brief cover letter explaining the situation, referencing the attached documents, and politely requesting they review the custody agreement that shows it's your year to claim the child. Keep the letter factual and to the point.
One thing nobody mentioned - check if your ex filed Head of Household with your child as the qualifying person. Even if she signed Form 8332 releasing the child as a dependent to you, she might still be using the child for HOH filing status, which is actually allowed. You can claim the child tax credit with the Form 8332, while she can still file HOH if the child lived with her more than half the year. This confuses a lot of people because they think signing Form 8332 means the other parent can't use the child for ANYTHING on their taxes, but that's not how it works.
Wait, is this true? My ex and I have been fighting over this exact issue. I thought if I signed Form 8332, I couldn't claim ANY benefits related to our son on my taxes. You're saying I can still file as Head of Household even if I let my ex claim him as a dependent?
Jacob Smithson
One thing to watch out for with QBI - if you do this same freelance work for the same company that employs you regularly, the IRS might consider this as trying to reclassify wages as contractor income to get the QBI deduction. Theres some anti-abuse rules they have. Not saying this applies to ur situation necessarily, but be careful if your freelance work and regular job are for the same company or very related companies. The IRS specifically looks for people trying to convert W-2 wages into 1099 income to get QBI.
0 coins
Ethan Wilson
•That's actually a really good point I hadn't considered. My freelance work is for a completely different company than my main employer - they're not related at all. They're in the same industry but totally separate businesses. Does that still raise red flags?
0 coins
Jacob Smithson
•You should be fine if they're completely separate companies. The IRS is mainly looking for situations where someone is getting both W-2 and 1099 income from the same business entity or related entities (like subsidiaries or affiliates). Since your freelance work is for a different company in the same industry, that's a common and legitimate arrangement. Just make sure the work arrangements are clearly different - like the freelance company doesn't control when or how you do the work the way an employer would.
0 coins
Isabella Brown
Is there any minimum amount of freelance income needed to qualify for QBI? I only made about $3,000 from my side gig last year but would love to get that 20% deduction.
0 coins
NeonNova
•There's no minimum income requirement to qualify for the QBI deduction! Your $3,000 in freelance income would be eligible for the 20% deduction, giving you about $600 off your taxable income. It's not a huge amount but definitely worth claiming. The main requirements are that it's qualified business income (which freelance work on a 1099-NEC typically is) and that you're under the income thresholds (which at $3,000 you definitely are). Make sure you're reporting it on Schedule C even for that small amount.
0 coins