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Don't forget about state taxes too! Some states are really aggressive about claiming you as a resident even after you've moved abroad. Especially California, New York, Virginia, and South Carolina. If you maintained any connections to your home state (driver's license, voter registration, bank accounts), they might consider you still a resident for tax purposes.
This is a good point I hadn't considered! My last US address was in Florida before moving to Germany. I still have my Florida driver's license though it's expired now. Would I still need to worry about state tax issues even though Florida doesn't have state income tax?
You're in a good position having your last residence in Florida since they don't have state income tax. States without income tax (like Florida, Texas, Nevada, etc.) don't generally pursue former residents for tax purposes. The bigger concern is for people from high-tax states like California or New York, where state tax authorities sometimes argue that you never truly "left" if you maintain certain connections. In your case with Florida, as long as you're filing your federal returns properly, you shouldn't have to worry about state tax complications.
An important note that hasn't been mentioned: if you have any non-US mutual funds or ETFs in Germany, be VERY careful as these are considered PFICs (Passive Foreign Investment Companies) by the IRS and have terrible tax treatment and complex reporting requirements.
This is so true! I got absolutely destroyed on taxes because I had UK investment funds that were classified as PFICs. The forms are ridiculously complicated (Form 8621) and the taxation is punitive compared to US-based investments. I ended up selling all my foreign funds and only investing through US brokerages now.
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If you decide to use tax software instead of a CPA, make sure you compare a few different options. I found TurboTax charges extra for investment forms, while FreeTaxUSA handled our investments and my wife's scholarship with their basic version. Saved us like $70 compared to what TurboTax wanted to charge.
Thanks for the tip about FreeTaxUSA! Did it handle the scholarship question well? That's my biggest concern - making sure we properly categorize what's taxable vs. non-taxable.
FreeTaxUSA handled the scholarship situation really well. It specifically asks whether scholarship money was used for qualified expenses (tuition, books, required fees) versus non-qualified expenses (room and board, living expenses). It also provided clear explanations about which portions of scholarships are taxable and which aren't, something TurboTax didn't explain as clearly in my experience. The program walks you through it step by step and even has a help section specifically addressing graduate student scholarships and fellowships.
I'm a tax preparer (not CPA) and honestly for your situation, good tax software should be fine. The only reason I'd suggest a pro is if either of you has self-employment income, rental property, or complicated investments beyond normal stocks/ETFs. Marriage doesn't change the tax treatment of investments or scholarships, it just combines them on one return.
What about tax credits that weren't available before? I heard the income thresholds change when filing jointly and you might qualify for different credits?
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13 One thing to consider with Section 179 vehicles - make sure you're genuinely using it primarily for business. I had a client who got audited and lost most of their deduction because they couldn't substantiate their claimed 80% business use. Keep detailed mileage logs showing business vs personal trips. The IRS looks very closely at vehicle deductions, especially for expensive SUVs.
7 What's the best way to track mileage? Is there an app you recommend or is the old-fashioned paper log still better?
13 I recommend a digital solution over paper logs. Apps like MileIQ, Everlance, or TripLog automatically track your trips using GPS and let you classify them as business or personal with a simple swipe. The most important thing is consistency. The IRS wants to see regular tracking, not estimates or reconstructed logs created after the fact. Even with an app, take a moment each day or week to classify your trips while they're fresh in your mind. Also document the business purpose for trips - just having the mileage isn't enough if you get audited.
3 Does anyone know if leasing might be better than buying for Section 179 purposes? I've heard mixed things about whether the full lease payment is deductible vs. complicated depreciation schedules.
15 Leasing can be simpler for taxes since you generally deduct the actual lease payments as a business expense based on your business use percentage. No Section 179 or depreciation calculations to worry about. But leasing usually costs more over time than buying. If you buy using Section 179, you get a bigger deduction upfront, which sounds like what you're looking for to reduce this year's tax bill. The trade-off is smaller deductions in future years.
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Make sure you're not confusing 1099-NECs with 1099-MISCs. They split the forms a few years back and now you need to use the 1099-NEC ("Non-Employee Compensation") for freelancers. The MISC form is for other types of payments. I made that mistake my first year with contractors and had to resubmit everything.
Thanks for pointing that out! I didn't know they were different forms now. Is there a penalty if you use the wrong form? Also, do you know if there's a minimum payment threshold before I need to file the 1099-NEC?
Yes, using the wrong form can cause issues and potentially delay your contractors from filing their taxes correctly. The IRS might flag the inconsistency which could trigger correspondence or even an audit in some cases. The threshold for filing a 1099-NEC is $600 in payments to a US contractor during the tax year. If you paid someone less than that, you don't need to file a 1099 for them, though you can still deduct the expense on your Schedule C.
Don't forget about state filing requirements! Even if you get the federal 1099-NECs sorted out, many states require you to file copies with them too. In Georgia, you'll need to submit copies of any 1099s you file to the Department of Revenue. The deadline usually matches the federal one.
Is this true for every state? I'm in Texas and I've never had to file 1099s with the state.
Malik Johnson
This is actually one of the best tax benefits for couples where one spouse is a real estate professional! To answer your original question simply: Yes, depreciation can absolutely create a loss even if your rental income just covers expenses. For example, if you have: Rental income: $24,000/year Expenses (mortgage interest, taxes, HOA, repairs): $23,500/year Income before depreciation: $500 Annual depreciation (building value ÷ 27.5): $9,000 Your rental activity would show a $8,500 loss that you can use to offset your W2 income. Without the real estate professional exception, this would be limited by passive activity rules for most people. Make sure you properly document your spouse's time in real estate activities though - that's where most people get tripped up in audits!
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Isabella Ferreira
•Do you know if property management time counts toward the 750 hours? I spend about 10 hours a week managing our rentals, but I'm not sure if that's enough to qualify.
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Malik Johnson
•Yes, property management time absolutely counts toward the 750 hours requirement, so your 10 hours weekly would give you about 520 hours annually. However, that alone wouldn't reach the 750-hour threshold. The bigger issue is that you also need to spend more than half your total working time on real estate activities to qualify as a real estate professional. So if you have a full-time job outside of real estate (say 2,000 hours/year), your 520 hours of property management wouldn't meet the "more than half" test. This is why it's often easier for one spouse to qualify if they're primarily focused on real estate activities.
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Ravi Sharma
My CPA initially told me I couldn't claim rental property losses against my W2 income, but after showing him the exact IRS rules about my wife's real estate professional status, he changed his tune. Not all tax preparers understand these nuances! The depreciation absolutely can create a loss, and with a real estate professional spouse, you can use those losses against other income. We've been doing this for 3 years and saving about $7k annually in taxes. Just make sure you're calculating the depreciation correctly. You'll need to separate the building value from the land value (land isn't depreciable) and use the 27.5 year schedule for residential rental property.
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Freya Thomsen
•How do you determine the split between land and building value for depreciation purposes? My county tax assessment breaks it down, but I've heard that's not always the best method.
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