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I just went through something similar with my wife who has ownership in a Spanish cultural center. One important thing to consider that nobody mentioned is whether your fiancΓ©e's non-profit might qualify as a Passive Foreign Investment Company (PFIC). Even though it's a non-profit, if it generates investment income above certain thresholds relative to its overall income, it could potentially be classified as a PFIC, which has its own reporting requirements on Form 8621. In our case, we ended up needing to file Form 8865 instead of Form 5471 because of how the entity was structured as a partnership rather than a corporation under US tax definitions, despite being a non-profit association under Spanish law. Might be worth checking the entity's legal classification to be sure.
Thank you for bringing this up! I hadn't even considered the PFIC angle. Do you know if educational non-profits typically generate enough investment income to trigger PFIC status? This organization mainly receives donations and some government grants. Also, did you determine the partnership classification yourself or did you need professional help? I'm wondering if Mexican non-profits might be viewed differently than Spanish ones.
Educational non-profits typically don't generate enough investment income to trigger PFIC status unless they have a large endowment that's actively invested. If they're primarily operating on donations and government grants for educational activities, it's unlikely to be classified as a PFIC. The PFIC test generally requires that 75% or more of the entity's income is passive (investment) income, or 50% of assets are held for the production of passive income. We definitely needed professional help to determine the correct classification. The key was looking at the organizational documents and how the entity operates rather than what it's called locally. We provided our tax professional with the Spanish equivalent of articles of incorporation and bylaws, which showed it operated more like a partnership with pass-through characteristics rather than a corporation. Mexican entity classification might differ, so I'd recommend either consulting with a tax professional familiar with Mexico-US tax matters or at minimum reviewing the actual organizational documents with that perspective in mind.
Has anyone used one of those expat tax preparation services for this kind of situation? I'm in a similar boat with my husband having partial ownership in a charity in Thailand, and I'm not sure if regular CPAs know all these foreign reporting rules. Also curious what kind of penalties we're looking at if we mess this up accidentally? That's what scares me the most!
I used Greenback Expat Tax Services last year for a somewhat similar situation with interests in a Japanese non-profit. They weren't cheap (around $600 for my returns) but they knew exactly which forms were needed. For the penalties - they can be HARSH. Form 5471 penalties start at $10,000 per form per year if required but not filed. FBAR penalties are even worse. Don't mess around with this stuff!
Everything was handled remotely - I uploaded documents to their secure portal and had two video calls (initial consultation and then a review of the prepared returns). They were in a completely different time zone but made it work. They definitely provided advice for future years, which was actually the most valuable part. They suggested some changes to how I documented my involvement with the Japanese entity and recommended keeping certain records that would make future filings simpler. They also explained how getting married would affect my reporting requirements, which might be relevant to the original poster too. For what it's worth, they said most regular CPAs miss crucial details on these foreign filings because they rarely deal with them.
Just to add another perspective - I've been a legitimate 1099 contractor for years, and yes, the taxes are brutal if you're not prepared. Besides looking into whether you're misclassified (which sounds likely based on your description), here are some things to consider: 1. Make quarterly estimated tax payments to avoid this shock next year 2. Track ALL business expenses - even small things add up 3. Consider opening a SEP IRA or Solo 401k to reduce your taxable income 4. Look into the Qualified Business Income deduction (QBI) 5. Check if your health insurance premiums are deductible
Thanks for these suggestions! I'm wondering about the SEP IRA option - how much could that potentially reduce my tax bill? And do you know if I can still open one for last year's taxes?
You can still open and fund a SEP IRA for 2023 until the tax filing deadline (including extensions), so that's potentially a good option to reduce your 2023 tax bill right now. For a SEP IRA, you can contribute up to 25% of your net self-employment income, with a maximum contribution of $66,000 for 2023. At your income level, this could significantly reduce your taxable income. For example, if you could contribute $5,000 to a SEP IRA, that would reduce your taxable income by $5,000, potentially saving you $750-1,200 in taxes depending on your bracket.
Have you considered filing Form SS-8 with the IRS? It's the "Determination of Worker Status" form. Based on what you described, you're almost certainly misclassified. Your employer is saving a ton of money by not paying their share of your taxes. The downside is that filing this form can create tension with your employer, but it could save you thousands. The IRS will make an official determination on whether you should be classified as an employee.
I did this last year and won! But be prepared - my employer was FURIOUS and I ended up having to find a new job. Worth it financially, but definitely had some fallout.
Just to add another option - you can estimate your K-1 income based on last year's forms if the investments are similar. That's what my CPA recommended. Then file Form 2210 with your return to show you had a reasonable cause for underpayment and request a penalty waiver. I've done this twice when waiting for K-1s from partnerships and it worked both times. The IRS can waive the penalty if you have a good reason for not making sufficient estimated payments, and waiting for K-1s that typically arrive late is considered reasonable by many IRS reviewers.
That's really helpful, thanks! How close was your estimate to the actual K-1 amounts when they finally arrived? And did you have to provide any documentation to prove you were waiting for the K-1s?
My estimates were within about 10% of the actual amounts, which seemed to be acceptable. I didn't have to provide documentation specifically showing I was waiting for K-1s - I just completed Form 2210 and attached a brief statement explaining the situation. The key is making a good faith effort to estimate accurately and pay what you can by the deadline. The IRS is generally reasonable if you're proactive about it and can show you weren't just ignoring your tax obligations.
Something nobody's mentioned - if your prior year's AGI was under $150k, you can avoid underpayment penalties entirely by paying 100% of your prior year's tax liability through withholding or estimated payments (110% if your AGI was over $150k). This is called the "safe harbor rule" and it's the easiest way to avoid penalties even if you end up owing more this year. If you've already hit that threshold for 2022, you shouldn't have any underpayment penalties regardless of what's on those K-1s.
Couple things nobody mentioned yet: 1) Your parents should be aware of FBAR requirements if their US account goes over $10,000 at any point during the year. Even non-US persons with US accounts need to file this if they meet the threshold. 2) Interest earned in the US account IS US source income and subject to 30% withholding (unless reduced by tax treaty) 3) If they frequently transfer large amounts (like over $10k), make sure they understand the bank will file CTRs Not tax advice, just my experience dealing with family members with similar situations from Dominican Republic.
Oh wow, I had no idea about the FBAR thing. Do they file that with the IRS or someone else? And how does that work if they don't have SSNs? The account will definitely go over $10,000 since they're using it for their business income.
FBARs are actually filed with FinCEN (Financial Crimes Enforcement Network), not the IRS, using FinCEN Form 114. Your parents can use their foreign tax ID (whatever Panama uses) on the form instead of a SSN. They'll need to file it electronically through the BSA E-Filing System. For non-US persons, this is purely a reporting requirement, not a tax. The US government just wants to know about foreign persons with significant US accounts as part of anti-money laundering efforts. The deadline is April 15th but there's an automatic extension to October 15th if you miss it. Penalties for non-filing can be steep though, so definitely make sure they look into this!
One thing to consider - if ur parents plan to spend significant time in the US in the future, be careful about the substantial presence test. If they visit too much, they could accidentally become US tax residents even without meaning to!
This is a really important point. The substantial presence test counts days over a 3-year period with a weighted formula. If they hit 183 equivalent days, they could be considered US tax residents and have to report worldwide income. I've seen this happen to several clients who were completely caught off guard.
Hailey O'Leary
I actually did this exact thing a few years ago - forgot a Capital One 1099-INT for about $300. I didn't amend and eventually got a letter from the IRS like 8 months later. They added the income, recalculated my tax (it was like $65 more), and charged interest from the original due date. The total with interest came to about $72. I just paid it and moved on with my life. No penalties or anything scary. Just be aware that if you wait for them to catch it, you'll pay a bit more in interest than if you amend now.
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Niko Ramsey
β’Thanks for sharing your experience! Do you remember which form they sent you? And was there any indication that this would be recorded as some kind of violation that might trigger more scrutiny in the future?
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Hailey O'Leary
β’They sent a CP2000 notice, which is just their automated underreporter notice - not an audit or anything serious. It's basically "we have information that doesn't match your return" with their proposed changes. There was no indication this would trigger additional scrutiny in the future. It's such a common occurrence and such a small amount that it's handled entirely by automated systems. They don't even consider it a serious issue - more like a math correction. I've had clean returns since then with no issues or follow-up audits.
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Cedric Chung
One thing nobody mentioned - the amount of EXTRA tax you'll owe depends on your overall income level and tax bracket. For $270 of interest income: - If you're in the 10% bracket: about $27 extra - If you're in the 12% bracket: about $32 extra - If you're in the 22% bracket: about $59 extra - Higher brackets: more obviously So if you're debating whether filing an amendment is worth the hassle, these are roughly the amounts at stake before interest.
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Talia Klein
β’That assumes the interest income doesn't push you into a higher bracket though. If you're right at the boundary between brackets, even a small amount could increase your marginal rate.
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Cedric Chung
β’True, but for $270 that would be incredibly rare. You'd have to be literally within $270 of a bracket threshold for that to happen. Most bracket jumps are thousands of dollars apart. For anyone concerned about this, you can check your last return to see how close you were to the next bracket threshold. The 2025 brackets have slightly different cutoffs than 2024, but they're close enough for estimating purposes.
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