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One thing nobody's mentioned yet is your question about whether to dissolve your Canadian LLC. I've been in a similar situation for 3 years now (kept my Canadian corporation after moving to the US), and I strongly recommend dissolving it if you don't need it anymore. The US reporting requirements for foreign corporations are extremely burdensome. You'll need to file Form 5471 every year, which is incredibly complex and usually requires professional help (expect to pay $1,000+ just for this form). You may also face Subpart F and GILTI tax issues on retained earnings. If you're receiving dividends from the LLC, you're already facing potential double taxation issues (Canadian corporate tax + Canadian dividend withholding + US personal tax, with complicated foreign tax credit calculations). Unless there's a compelling business reason to keep it, dissolving before your next tax year would simplify your situation dramatically.
That's really helpful! I had no idea about Form 5471 or the GILTI tax issues. My LLC is basically dormant now - I just kept it because I thought I might move back to Canada someday. But sounds like the tax headaches aren't worth it. Is there anything specific I need to know about the dissolution process from a tax perspective? Will I face any kind of "exit tax" when dissolving it?
When dissolving a Canadian LLC, you'll need to make sure all its assets are distributed, which can trigger capital gains in Canada. The corporation will need to file a final tax return in Canada showing the disposition of all assets. From the US side, you'll need to report the liquidation on your personal tax return. Any assets you receive from the corporation above your basis could be taxable in the US. You'll also need to file a final Form 5471 indicating the dissolution. If the LLC has significant retained earnings or appreciated assets, it gets more complicated. In that case, definitely get professional help to structure the dissolution in the most tax-efficient way possible. But for a relatively simple or dormant LLC, the process is straightforward and the long-term tax savings are substantial.
Don't forget about FBAR requirements! As a US tax resident, you must report all foreign bank accounts if their combined value exceeds $10,000 at any point during the year. This includes your Canadian checking account and that cross-border banking account you mentioned. The FBAR (FinCEN 114) is separate from your tax return and has an automatic extension to October, but penalties for non-filing are severe ($10,000+ for non-willful violations). Also, since you have a Canadian LLC, you likely need to file Form 8938 (FATCA) with your tax return, which has different thresholds than the FBAR, and Form 5471 as an officer/shareholder of a foreign corporation. These foreign reporting requirements are the biggest trap for US-Canada situations. I missed filing these my first year after moving and ended up using the Streamlined Filing Procedures to catch up without penalties. Don't make the same mistake!
The US tax system is absolutely ridiculous with these foreign account reporting requirements. My friend got hit with a $10k penalty for not filing an FBAR on a Canadian account with barely $12k in it. Meanwhile billionaires are using sophisticated tax shelters with barely any consequences.
It is frustrating, but the penalties are even worse if you ignore the requirements. The best approach is to get compliant as quickly as possible. The Streamlined procedures are still available for those who weren't aware of their filing obligations. The good news is that once you're in the system and filing regularly, it becomes routine. I now just keep a spreadsheet with my maximum account balances throughout the year and filing the FBAR takes about 20 minutes online. Form 8938 is more complex but most tax software handles it fairly well.
Just wanted to add something important - make sure you're also checking your state requirements! Federal might only need the 4868 personal extension, but some states require separate business extensions even for single-member LLCs. I learned this the hard way last year and got hit with a state penalty even though my federal extension was properly filed.
Oh crap, I didn't even think about state requirements! I'm in California - does anyone know if I need to file something separate for my LLC at the state level?
California requires an automatic 6-month extension for filing your state personal income tax return, so you don't need to file a separate extension form for that. However, you still need to pay any estimated tax you owe by the original due date. For your LLC specifically, California requires an annual LLC tax of $800, which is due by the 15th day of the 4th month of your taxable year (April 15 for calendar-year taxpayers). This payment isn't extended by your personal extension, so make sure you've paid that already if it applies to you.
If you're filing an extension, just remember that self-employment tax is no joke! I didn't set aside enough my first year with my LLC and got hit with a huge tax bill. What accounting software are you using to track your business expenses?
I've been using QuickBooks Self-Employed for my single-member LLC and it's been great for tracking everything. It even has a tax estimation feature that helps you set aside the right amount each quarter.
11 One often overlooked approach is to use the IRS Tax Withholding Estimator online. It's free and walks you through calculating the proper withholding. Make sure your parents have their most recent paystubs and last year's tax return handy when using it. I found it incredibly helpful when my wife and I were in a similar situation - owing about $5,000 because we hadn't updated our W4s after getting married. The estimator asks about both incomes, how often you're paid, and other factors that affect your taxes.
7 I tried using that estimator but got confused halfway through. It asked for projected deductions and I had no idea what to put. Do you just guess? Or is there a way to figure out what deductions they'll have for this year?
11 For the deductions section, you can use last year's deductions as a starting point if your situation hasn't changed much. If your parents take the standard deduction (which most people do now with the higher amounts), you can just select that option without itemizing. If they do itemize, have them look at Schedule A from last year's return and use those figures as estimates, adjusting for any known changes (like if they paid off their mortgage or expect higher medical expenses this year).
5 Don't forget that underpayment penalties can apply if they don't withhold enough throughout the year! To avoid penalties, they generally need to withhold at least 90% of this year's tax or 100% of last year's tax (whichever is smaller).
16 Wait, so even if they pay everything they owe by the tax deadline, they can still get penalties if they didn't pay enough during the year?? That seems really unfair!
If you filed electronically through any major tax software (even if someone else prepared it for you), you might be able to access your returns that way. Ask your preparer which software they used. TurboTax, H&R Block, TaxAct, etc. all store your returns in your account. Also, check your email from around tax time in 2022 and 2023 - you might have received a confirmation email with a PDF copy of your return attached or a link to access it.
Good idea about checking emails! I just did a search through my inbox for "tax return" and "1040" and found an email from April 2022 that has my 2021 return attached, but nothing for 2022 or 2023. I'm going to try reaching out to coworkers who might know what software our tax preparer used.
Glad that helped with at least one year! Another thing to try is looking at your bank statements from when you paid to have your taxes done. The charge might list the name of the tax software, not just the preparer's business name. Also, if you received tax refunds for those years, check your bank deposits around tax time - the deposit details sometimes include information about which service processed your return.
Have you checked with your spouse? My husband and I had a similar situation, and it turned out he had the tax returns saved in a folder on his work computer that he had completely forgotten about. Also check any cloud storage you might use - Google Drive, Dropbox, OneDrive, etc. If all else fails, the IRS transcript option others mentioned is definitely the way to go. Just verify with your mortgage lender exactly what they need - some are fine with transcripts while others want the complete 1040 with all schedules.
This happened to me too! Found our returns in my husband's email (he had forwarded them to himself from his accountant and then completely forgot). Always check with your spouse first before going through the hassle of IRS requests.
My wife and I have been searching everywhere! We looked through all our devices, cloud storage, and email accounts. I even found some older tax documents from 2020, but nothing for 2022 or 2023. I'm starting to think our tax preparer never actually gave us copies, which is frustrating. I've called our mortgage lender, and they confirmed they need the actual 1040 forms, not just transcripts. They need to verify some specific deductions that apparently don't show up on the transcript. Going to try the IRS Form 4506 route and see if I can get expedited processing.
Dylan Evans
Quick question about the ITIN process - can I apply for ITINs for my wife and kid before the tax filing deadline? Or do we need to file an extension?
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Sofia Gomez
β’You can actually submit the ITIN applications (Form W-7) along with your tax return. That's what we did last year. BUT since ITIN processing takes time (up to 11 weeks or more), your refund will be delayed until the ITINs are processed. If you're concerned about meeting the deadline, file your return with the W-7 forms by the filing deadline. You don't need to file an extension unless you can't complete your actual tax return by then.
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Dylan Evans
β’That's super helpful! I was worried we'd miss out on filing jointly this year because of the ITIN timing. Good to know we can submit everything together by the deadline.
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StormChaser
Just a heads up for anyone in this situation - making the 6013(g) election was definitely beneficial for us financially, but remember it subjects ALL of your non-resident spouse's worldwide income to US taxation. If your spouse has significant foreign income or assets, you may want to run the numbers both ways. In some cases, especially with higher foreign income, it could be better to file separately with you as head of household (if you qualify) and your spouse as a non-resident. We saved about $3200 by filing jointly, even after including my wife's foreign rental property income, but everyone's situation is different!
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