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Something critical that hasn't been mentioned yet - you might need to file an FBAR (Report of Foreign Bank and Financial Accounts) if you have any financial interest in foreign accounts that exceed $10,000 at any point during the year. This includes accounts where you're considered to have signature authority. If you're considered to have an interest in your grandfather's business accounts (which sounds possible given your arrangement), you might need to file this form. The penalties for not filing can be really severe - like $10,000+ for non-willful violations.
Wait, this sounds serious. I don't have signature authority on any accounts in Ecuador, but since I'm sending money and receiving profits, could that count as having a "financial interest"? How would I know if I need to file this FBAR thing?
The definition of "financial interest" can be broad. If you have an arrangement where you're entitled to profits from the business, the IRS might consider you to have a financial interest in the accounts, even without signature authority. The safest approach would be to consult with a tax professional who specializes in international reporting. But generally, if you're investing in a business and receiving returns based on performance, you likely have a financial interest. If the total of all foreign accounts you have an interest in exceeds $10,000 at any point in the year, you'd need to file the FBAR. You might also need to look into Form 8938 (Statement of Specified Foreign Financial Assets) depending on the amounts involved. These are separate from your tax return and have different filing requirements and deadlines.
Curious if anyone knows - would it be better for the grandpa to just label all the money as "gifts" instead of business returns? Wouldn't that avoid all these tax issues?
That approach could create more problems than it solves. The IRS looks at the substance of transactions, not just what you call them. If there's a pattern of you investing money and then receiving returns that correlate with business performance, relabeling them as "gifts" could be seen as tax evasion. While non-US persons can give gifts to US citizens without triggering gift tax for the recipient, unusual patterns of large gifts might trigger extra scrutiny. If audited, you'd need to prove these were genuine gifts with no expectation of return, which contradicts the investment arrangement described.
For those unfiled years, I recommend filing them in order from oldest to newest. We had to file 4 years of back taxes for my father-in-law who had health issues, and doing them chronologically made it much easier to track everything. Also, put each year in a separate envelope! We made the mistake of sending multiple years in one package and it caused confusion at the IRS processing center.
Thank you for that tip about separate envelopes! I definitely would have put them all in one package thinking I was being efficient. Did you receive any kind of confirmation when they received/processed the returns? I'm worried about them getting lost in the mail.
You should definitely send them certified mail with return receipt requested through USPS. That way you'll get confirmation they were delivered. As for processing, it took about 4-5 months before we saw any activity - they're very slow with paper returns. Eventually, we received notices for each return - either bills for what was owed (with penalties) or notices about refunds. If you're really concerned, you can check your husband's IRS transcript online about 6-8 weeks after sending them to see if they show as processed.
Just a heads up - for that 2016 return, if your husband was owed a refund, he's probably out of luck now. The deadline for claiming refunds is generally 3 years from the original due date. So for 2016, that would have been April 2020. But he should still file it! Even if he can't get the refund, having a complete tax history is important for things like mortgage applications, loan approvals, etc.
Yep, this is correct. I worked for a tax firm and we had clients who lost out on thousands in refunds because they waited too long. The 3-year rule for refunds is strict, but the IRS can come after you for taxes owed for much longer!
Just a reminder that if you're going to amend your 2020 return, make sure the business expenses you're adding are legitimately deductible. The IRS has been increasing scrutiny on Schedule C deductions lately, especially for tax years 2019-2021 because of all the COVID relief programs. Things like home office deductions, vehicle expenses, and meals/entertainment are particular audit triggers if they seem disproportionate to your business income. Not saying don't claim what you're entitled to - just make sure you have good documentation to back it up!
That's a good point! All of these expenses are legitimate photography equipment (new lenses, lighting, a laptop used only for editing) and documented travel to shooting locations. My business income that year was around $36,000 so the $7,800 in additional expenses isn't out of proportion. Do you think that's going to raise any red flags?
Those expenses sound reasonable given your business type and income level. Photography equipment is clearly a necessary business expense, and as long as your travel was primarily for business purposes and you have documentation (like client contracts showing shoots on those dates), you should be fine. The $7,800 compared to $36,000 in income is a perfectly reasonable ratio for a photography business, which typically has higher equipment costs. Just make sure to categorize everything correctly on your Schedule C - put the equipment under "Equipment" not "Supplies" if it's over $2,500 per item and will last more than a year (might need to be depreciated rather than fully expensed, depending on whether you took Section 179 or bonus depreciation).
Has anyone here experienced an adjustment to their refund amount when amending? I filed an amended return for 2020 because I forgot some 1099 income (opposite problem from OP) and the IRS ended up changing the amount I calculated. Just wondering if this is common.
9 Former international student advisor here. One thing to check that nobody's mentioned yet is if SPRINTAX applied the correct FICA exemption. As a J1 visa holder, you should be exempt from Social Security and Medicare taxes (FICA) during your first 2 calendar years in the US. If your employer incorrectly withheld these taxes (which happens A LOT), you should be getting those back in your refund. Check your W2 boxes 4 and 6 - if there are amounts there, you should be getting those back completely, which could be a significant amount!
7 Omg thank you for mentioning this! I just checked my W2 and there's like $300 in box 4 and $75 in box 6. SPRINTAX never mentioned anything about this. Do I need to file something special to get these back??
9 You need to file Form 8843 along with a special statement requesting a refund of incorrectly withheld FICA taxes. SPRINTAX should have this capability, but sometimes you need to specifically indicate your FICA exempt status. If they missed this, you can either restart your SPRINTAX return and make sure to answer the FICA questions correctly, or use a different service that better handles J1 visa FICA exemptions. This could easily explain why your friends got larger refunds if they properly claimed their FICA exemptions and you didn't.
4 Just wanted to add that tax refund amounts can vary widely even among J1 visa holders from the same country working in the same state. The biggest factors are: 1. Your actual income amount 2. How long you worked (partial year vs full year) 3. If your employer withheld at the correct rate 4. Whether you had any US source income before arriving I'm guessing your friends who got bigger refunds either had higher withholding relative to their income, or they successfully claimed FICA exemptions that you might have missed.
Ravi Patel
I actually tried taking loans from my S-Corp last year and got hammered in an audit. Here's what I learned the hard way: If you don't document everything properly with actual loan agreements, repayment schedules, and market-rate interest, the IRS WILL reclassify it as a distribution or compensation. In my case, they treated it as a distribution which meant I had to pay taxes on it anyway, PLUS a penalty for not reporting it correctly. For S-Corps specifically, you also need to be careful about maintaining reasonable compensation before taking any distributions or loans. My mistake was trying to take a "loan" while not paying myself a market salary. Don't mess around with this - do it right or don't do it at all.
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Astrid BergstrΓΆm
β’What about for a single-member LLC? Are the rules any different since it's a disregarded entity for tax purposes? Could I take loans from my business more easily?
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Ravi Patel
β’For a single-member LLC that's a disregarded entity, the situation is actually quite different. Since a disregarded entity is treated as the same taxpayer as you for federal tax purposes, technically you can't loan money to yourself - it would be like taking money from one pocket and putting it in another. The business funds are already considered your funds from a tax perspective, so there's no tax advantage to structuring withdrawals as loans. You're already being taxed on the business profits regardless of whether you withdraw the money or not (via Schedule C on your personal return). That said, for proper bookkeeping and to maintain the liability protection of your LLC, you should still document any personal withdrawals properly. If you're mixing business and personal funds without documentation, you risk piercing the corporate veil in legal situations.
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PixelPrincess
Wait I'm confused. So what about these "buy, borrow, die" strategies that billionaires use? Is that completely different from taking money from your business?
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Omar Farouk
β’Completely different. The billionaire strategy works because they're borrowing from a third party (bank or broker) using assets as collateral. They're not taking money directly from their companies without taxation. When Musk or Bezos get liquidity, they either: 1) Take loans from banks using their stock as collateral (legitimate third-party loans), 2) Sell shares and pay capital gains tax, or 3) Receive salaries/compensation that are taxed as income. The "loan" from your own business isn't actually a loan in the IRS's eyes unless it meets very specific criteria that most small business owners don't satisfy. Otherwise it's just income/distribution with extra steps.
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