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One important thing nobody's mentioned - S-Corps are required to have minutes of annual meetings, even if your sister is the only shareholder/officer. This is called "maintaining corporate formalities" and it's SUPER important if you want to keep the liability protection an S-Corp provides. If she hasn't been doing bookkeeping, I'm guessing she hasn't been keeping minutes either. When I went through something similar, my lawyer had me create backdated minutes (obviously dated accurately) documenting major business decisions for the past years. It's something she should discuss with both her accountant AND a business attorney. If you don't maintain these corporate formalities, someone could potentially "pierce the corporate veil" in a lawsuit and come after her personal assets. The whole limited liability thing only works if you actually treat the corporation as separate from yourself.
Thanks for bringing this up - I hadn't even thought about the corporate formalities aspect. Do you think it's still possible to create those minutes retroactively without it looking suspicious? And would a regular business attorney handle this or does she need someone who specializes in tax issues?
Creating retroactive minutes is actually a common practice when catching up on corporate formalities. The key is to be honest about the dates - you're creating the documentation now, but accurately reflecting when decisions were made. You want to document major business decisions like officer appointments, banking authorizations, major purchases, etc. A regular business attorney who works with small corporations should be fine for this - you don't need a tax specialist for the corporate formalities aspect. Many attorneys will even provide templates for these minutes to make it easier. The important thing is showing a good faith effort to comply with requirements going forward while documenting the history as accurately as possible.
Just a heads up that if your sister has been taking money out of the business without doing proper payroll, the IRS can reclassify ALL distributions as wages subject to employment taxes. I've seen this happen to clients and it can result in massive tax bills with penalties and interest. The S-Corp advantage is ONLY realized when you properly balance reasonable salary (subject to payroll taxes) with distributions (not subject to self-employment tax). If you're not running payroll at all, you're basically just creating a compliance nightmare without any of the tax benefits.
Something else to consider - your boyfriend might be able to claim you as a dependent if you meet certain requirements. If you make under a certain amount and he provides more than half your support (including housing), this could actually benefit him more than any rental deduction would benefit you. It's worth looking into the rules for qualifying relatives/dependents. This could potentially save him more on taxes than you'd get from any rental deduction (which, as others pointed out, probably doesn't exist in your case anyway).
Thanks for this suggestion! I do work full-time though and make about $38k per year, so I don't think I'd qualify as his dependent? We split all expenses pretty evenly.
You're right - with that income level, you definitely wouldn't qualify as a dependent. The income limit for a qualifying relative in 2023 is $4,400, and you're well above that. And since you split expenses evenly rather than him providing more than half your support, that would disqualify you anyway. Thanks for the additional info! It's always good to explore all possibilities, but in this case, it looks like neither of you will get tax benefits from your living arrangement.
I'm surprised no one has mentioned checking your rental agreement for what it says about subletting or unauthorized occupants. Even if there's no tax consequence that would notify the landlord, you might be putting your boyfriend at risk of violating his lease. Many leases have specific language about how long guests can stay before they need to be added to the lease. Some landlords are strict about this and others don't care, but it's worth checking before you worry about tax implications.
One thing nobody has mentioned yet - if you're starting mid-year like you are, you might need to adjust your withholding differently than if you were working the full year. The withholding tables assume you're making that income for the entire year, so sometimes you need to account for that. Also, since your husband makes a good chunk on commission, you might want to look at your total tax situation quarterly. My wife and I do a "check-in" every quarter to see if we need to adjust withholding based on how commissions are trending.
That's a really good point about starting mid-year! So should I have more or less withheld since I'm starting in March rather than January? And I like the idea of quarterly check-ins - do you use any particular method to estimate where you stand?
Since you're starting mid-year, you'll have less annual income than your salary rate would suggest for a full year, which could actually result in overwithholding if you don't account for it. However, this might balance out with your husband's income putting your combined total in a higher bracket. For our quarterly check-ins, we use a simple method. We take our year-to-date income from paystubs, multiply our most recent month by however many months are left in the year, add in expected bonuses/commissions, then use a tax calculator to estimate our total tax. Then we compare that to how much tax has been withheld so far plus what will likely be withheld for the remainder of the year. If there's a gap of more than $1,000 in either direction, we adjust our W4s.
Something that tripped me up when I first moved to the US was understanding that the W4 isn't just a one-time thing. You can (and should) update it whenever your financial situation changes! Your best bet is probably to start with the IRS Tax Withholding Estimator tool online. It walks you through everything step by step and gives specific numbers to put on your W4.
The IRS Withholding Estimator is good but I found it super confusing to use. It asks for so much detailed information that I wasn't sure where to find on my paystubs. Does anyone know a simpler alternative?
Just to add some more info for nonresident aliens dealing with 1042-S forms: If your income code is 23 and you're from a country that has a tax treaty with the US, you might qualify for a reduced withholding rate or even exemption. I'm from Germany, and under our tax treaty, I was able to get some of my similar payments taxed at only 15% instead of 30%. You need to submit Form 8233 to your employer BEFORE they make the payment to get the reduced withholding rate. If they've already withheld at 30%, you can claim a refund of the excess amount when you file your return.
Thank you for mentioning this! My home country does have a tax treaty with the US. Is it too late to claim any treaty benefits since the payment and withholding already happened? Or can I still somehow claim the treaty benefit when filing my 1040-NR?
It's not too late! You can still claim treaty benefits when you file your tax return, even if the full 30% was already withheld. You'll need to fill out Form 8833 (Treaty-Based Return Position Disclosure) and attach it to your 1040-NR. On the form, you'll need to cite the specific tax treaty article that applies to your situation and explain why your moving expense reimbursement qualifies for reduced taxation under the treaty. The excess withholding will be refunded to you after your return is processed. Just be sure to keep a copy of your 1042-S and any supporting documentation showing the nature of the payment.
One thing to watch out for - make sure your tax software is actually calculating everything correctly after you manually add the income. I had a similar situation with code 23 income, and TurboTax allowed me to enter it but didn't properly account for it in the final calculations. H&R Block's online version handled it better for me. But regardless of which software you use, I recommend double-checking the final numbers by hand. The 1040-NR is unfortunately not as well supported by most tax software as the regular 1040.
Which tax software would you recommend for nonresident aliens with 1042-S income? I tried FreeTaxUSA but it doesn't seem to support 1040-NR at all.
I found Sprintax to be the best option for nonresident alien returns with 1042-S forms. It's specifically designed for international students and scholars, so it understands all the income codes and treaty provisions. H&R Block's online version also works reasonably well if your situation isn't too complex. TaxAct supports 1040-NR but struggles with some of the more unusual income codes. TurboTax can work but requires more manual adjustments and verification. FreeTaxUSA unfortunately doesn't support 1040-NR at all, as you discovered. Whatever software you choose, I still recommend having someone knowledgeable review the final return before filing, especially if significant tax treaty benefits are involved.
Charlee Coleman
Don't forget you'll need to file Schedule C (Profit or Loss from Business) with your taxes to report your self-employment income. Keep DETAILED records of all income and expenses - I learned this the hard way. Also, look into opening a separate business checking account and maybe even a business credit card. Makes tracking WAY easier come tax time. Trust me, your future self will thank you when you're not sorting through a year's worth of mixed personal and business transactions.
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Liv Park
ā¢Is there a minimum amount of contractor income before you have to file Schedule C? I just started doing some small side gigs and wasn't sure if I need to bother with all this.
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Charlee Coleman
ā¢There's no minimum threshold for filing Schedule C if you're self-employed. Even if you only make $400 in contractor income for the year, you need to report it. That's also the threshold where you have to pay self-employment tax. It seems like a pain for small amounts, but it's way better than getting a letter from the IRS later. Plus, reporting even small self-employment income creates a work history for Social Security purposes, which can be important for your benefits later in life.
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Leeann Blackstein
Anyone have advice on the best apps to track expenses for contractors? I'm terrible at keeping receipts and always scrambling at tax time.
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Ryder Greene
ā¢I use QuickBooks Self-Employed and it's been a lifesaver. You can link your bank accounts and it automatically categorizes expenses. It also tracks mileage if you drive for work. Around $15/month but worth every penny for the time it saves.
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