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One aspect no one has mentioned is that the US has Tax Information Exchange Agreements (TIEAs) with both the Cayman Islands and the Bahamas. This means financial information is automatically shared with the IRS. Additionally, many banks and brokers worldwide are reluctant to open accounts for US residents due to FATCA compliance burdens. Even if you're not a US citizen, your residence status can make opening those accounts challenging. You should also look into the "substantial presence test" to confirm your US tax residency status. Being physically present in the US on an L2 visa likely makes you a US tax resident, obligating you to report worldwide income. I'd strongly advise consulting with an international tax attorney before proceeding with any offshore structures. The penalties for improper reporting can far outweigh any potential tax benefits.
That's really helpful information. I had no idea about the Tax Information Exchange Agreements. Do you know if these exchanges happen automatically or only upon specific requests from the IRS? And do you have any recommendations for finding a good international tax attorney who specializes in these matters?
Many of these exchanges happen automatically under FATCA - financial institutions in participating countries (which include both Cayman and Bahamas) must report accounts held by US taxpayers to the IRS. Even as a non-citizen, if you're a US tax resident, your information would be reported. For finding a good international tax attorney, I'd recommend looking for someone who specializes in expatriate taxation and offshore compliance. The American Bar Association's Section of Taxation can be a starting point. Also consider attorneys who are both CPAs and hold credentials like "Accredited Estate Planner" or specialized LLMs in taxation. Expect to pay $400-600/hour for good advice, but it's worth it given the complexity and risks involved.
Something important that hasn't been mentioned yet - trading US stocks, ETFs, futures and options from an offshore entity doesn't magically eliminate US tax obligations. If you're trading US securities markets, you're still subject to various US tax provisions regardless of where your entity is based. For instance, any US-source dividend income would still be subject to withholding tax (typically 30% unless reduced by treaty). And if your trading activity is deemed to be a US trade or business, you could be considered to have a US permanent establishment, requiring you to file a US tax return for the foreign entity. The IRS also has specific provisions targeting day traders who try to use offshore structures to avoid taxes. Look up "dealer in securities" rules - they're designed exactly for situations like what you're describing.
This is accurate. I made this mistake myself - set up a Bahamas trading entity thinking I'd save on taxes, only to discover I still owed US taxes plus had massive reporting requirements. Had to file amended returns for 3 years and paid penalties. Don't try to be too clever with these structures unless you've got serious professional guidance (and even then, proceed with caution).
Another important consideration: if your mom might need nursing home care in the next 5 years, transferring assets from her account to yours could create a huge problem with Medicaid eligibility. They look back 5 years at transfers, and this could be seen as trying to hide assets.
I hadn't even thought about the Medicaid implications. That's a really important point since she might need that level of care eventually. Is there a way to use the proceeds for her benefit that wouldn't trigger Medicaid issues while still meeting her needs?
You should use the proceeds only for your mom's benefit and keep meticulous records of every expenditure. Maintaining a separate account specifically for her funds managed under the POA is essential. This money can be used for her care, living expenses, medical costs not covered by insurance, and quality of life improvements. For Medicaid planning, some families work with elder law attorneys to establish properly structured trusts, but you need professional guidance specific to your state as the rules vary. The key is demonstrating that funds were used for her benefit rather than gifted away to avoid Medicaid spend-down requirements.
Don't forget to keep really good records of all home improvements your mom made over the years! This increases the basis of the home and reduces potential capital gains. Things like a new roof, kitchen remodel, finished basement, etc. Get as many receipts as you can find.
This is so important! My parents sold their house last year and we forgot to account for the $30k kitchen renovation they did in 2010. Would have lost out on that adjustment to the basis if the closing agent hadn't mentioned it. Old credit card statements can help prove these expenses if you don't have the receipts anymore.
One thing I haven't seen mentioned yet - you'll need to file a Schedule SE form along with your Schedule C for self-employment tax. That's the Social Security and Medicare taxes that would normally be withheld by an employer. When I started my photography business, I was shocked at how much I owed in self-employment tax! It's about 15.3% on top of regular income tax. Definitely set aside more than you think you'll need for taxes.
Wait seriously?? I have to pay EXTRA tax on top of regular income tax? I thought the whole point of writing off the equipment was to pay less taxes. Does this mean I'll end up owing more than if I just didn't report the photography income at all?
You do need to pay self-employment tax, but don't panic! You'll still benefit from deducting your equipment expenses. Here's how it works: your business profit (income minus expenses) is what gets taxed. By deducting legitimate expenses like your camera equipment, you're reducing your taxable profit. Not reporting income isn't a good strategy. It's legally considered tax evasion, and the penalties can be severe if you're caught. Plus, reporting your business properly builds tax history that helps with things like qualifying for loans, retirement accounts, and health insurance. The short-term tax hit is worth the long-term benefits of having everything properly documented.
Don't forget about depreciation! Depending on the cost of your equipment, you might need to depreciate larger purchases over several years instead of deducting the full amount in one year.
The "free" tax software thing is such a scam. They all advertise as free but then hit you with fees as soon as you have anything slightly complicated. I started using the Free File Fillable Forms directly from the IRS website. It's completely free no matter what forms you need to file. Fair warning though - it's basically just the electronic version of paper forms with basic calculations. No hand-holding or guidance like the commercial software offers. You need to know what you're doing or be willing to research tax rules yourself.
I tried Free File Fillable Forms last year and made a huge mistake on my Schedule C. Ended up having to file an amended return which was a massive headache. Sometimes paying a little for guidance is worth it if you're not super tax-savvy.
Just an fyi, Credit Karma Tax (now called Cash App Taxes) is actually completely free even for self-employed people. I used it last year for my freelance design work and didn't pay a penny for federal or state filing. They don't upsell or have hidden fees like TaxAct. Only downside is they don't support every tax situation - like if you have multiple state returns or certain less common forms. But for basic self-employment with Schedule C, it works great!
Ava Garcia
21 One thing nobody has mentioned that tripped me up last year - if you have a mix of payment methods to the SAME contractor, you need to track them separately. I paid someone partly through PayPal and partly with checks, and ended up having to issue a 1099-NEC just for the check portion while PayPal handled their portion. Tax software doesn't always make this distinction clear.
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Ava Garcia
ā¢16 That's a really good point! How did you handle the amounts on the 1099-NEC? Did you just report the check amounts or the total? I'm in this exact situation with a web designer I've been using.
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Ava Garcia
ā¢21 I only reported the check amounts on the 1099-NEC I issued. The PayPal payments were handled by their 1099-K reporting. My accountant explained that if I included the PayPal amounts on my 1099-NEC, the contractor would have the same income reported twice to the IRS (once on my 1099-NEC and once on PayPal's 1099-K). It was a bit confusing because my tax software wanted me to enter the total paid to each contractor, and I had to manually adjust the reportable amounts. Definitely keep separate payment records by method for each contractor if you're using multiple payment types!
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Ava Garcia
7 Has anyone actually gotten a solid answer from the IRS about the PayPal reporting threshold for 2024? Last I heard they delayed the $600 threshold for 2023, but I can't find clear info about what's happening for payments made in 2024 (for 2025 filing).
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Ava Garcia
ā¢13 The $600 reporting threshold for third-party payment networks is supposed to be in effect for 2024 (filed in 2025). The IRS issued Notice 2023-10 for the delay that affected 2023 filings, but unless they issue a new notice, we should assume the $600 threshold applies for 2024 payments. It's always possible they'll announce another delay though.
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