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Something nobody's mentioned - if you do rent below market rate to a family member, you should still report all the rental income on Schedule E, but you might be limited in the losses you can claim. If you charge Fair Market Rent, you can potentially deduct losses against your other income (subject to passive activity loss rules). If you don't charge Fair Market Rent, your deductions might be limited to the amount of rental income you received - meaning you can't claim a loss. It's in Publication 527, but it's kind of buried in there. Worth considering if you're planning to claim a loss.
Is that always true though? I thought there were exceptions based on how many days you rent it and personal use days? The whole 14-day rule and all that?
Has anyone considered just charging full market rate to the family member, then gifting some money back separately? Like if market rate is $1500, charge them that, then gift $300 back each month? Wouldn't that avoid all these fair market rent issues?
That approach could potentially create even bigger problems. The IRS looks at the substance of transactions, not just the form. If they determine the arrangement is actually a disguised below-market rental, they could disallow your rental expense deductions AND potentially treat the "gifts" as taxable rental income that you failed to report. Additionally, regular monthly gifts that coincide exactly with rent payments would look suspiciously like a tax avoidance scheme. It would be hard to argue these are genuine gifts rather than just a way to circumvent the Fair Market Rent rules. I'd strongly advise against this approach.
One way to decide: calculate what your time is worth. If you make $40/hr at your job, and you're spending 10+ hours figuring out complicated tax situations, that's $400 of your time. A decent tax pro might charge $350-500 for your return with the complexity you described. So financially it can actually make sense.
That's a really good point I hadn't considered. I probably spent 15 hours last year just on my taxes, and that was before all these complications. Do you know if tax preparation fees are tax deductible?
Unfortunately, tax preparation fees aren't deductible for individuals anymore since the 2017 tax law changes. However, if you have a business (which you do with your craft sales), you can deduct the portion of tax prep fees related to your business on Schedule C. So if your tax preparer charges $400 and roughly 30% of your return complexity is from your business, you could deduct about $120 as a business expense. Make sure they break down their fee so you can document this properly!
Honestly I think ppl worry too much about this. I've got rental property and a side hustle AND crypto and I still use TurboTax Premier. If ur reasonably intelligent you can follow the questions. The audit risk is suuuuper low for most normal people. Tax pros are expensive af.
Something nobody has mentioned yet - you need to be careful about whether your business in Turkey is actually considered a foreign corporation rather than a sole proprietorship by US tax law, regardless of how it's set up in Turkey. If it's registered as any kind of separate legal entity in Turkey, the IRS might consider it a foreign corporation, which would require completely different tax forms (like Form 5471) and potentially expose you to Subpart F income and GILTI tax provisions. This is a huge distinction that would completely change how you report income and expenses. What specific legal structure did you use to establish the business in Turkey? The US tax treatment might be different than what you think.
I registered it as what they call an "individual enterprise" in Turkey, which is basically their version of a sole proprietorship. There's no separate legal entity - the business and I are the same for liability purposes. Does that change anything about how I should approach the US tax side?
That's good news! If it's truly equivalent to a US sole proprietorship with no separate legal entity status, then you're on the right track with Schedule C reporting. Just make sure you keep documentation showing the legal status in Turkey in case of any IRS questions. Just be aware that as your business grows, you might want to consider the implications of potential liability exposure since you're personally liable for the business. Many people with foreign operations eventually set up an LLC in the US that owns the foreign business operations to create some liability protection while still maintaining pass-through tax treatment.
Has anyone here used TurboTax to file with foreign business expenses? I'm in a similar situation with a business in Mexico and wondering if I need special software or if TurboTax Premium will handle Schedule C with foreign expenses properly.
I used TurboTax Self-Employed last year for my Canada-based consulting business and it handled the Schedule C foreign expenses fine. You just enter everything in USD after converting the amounts yourself. The software doesn't help with the currency conversion or FBAR filing though - you have to handle that separately.
This sounds exactly like what happened to me last year! The issue for me was that one software counted all my deductible business expenses on Schedule C while the other one missed some key categories. Go through both returns line by line and compare the final tax forms they generate. Also, don't forget to check if both software programs are properly accounting for any quarterly estimated tax payments you might have made during the year. That was another big discrepancy source for me.
Thanks for the tip about checking for quarterly payments! I actually did make two estimated payments last year that I almost forgot about. I'll definitely compare the forms side by side. Do you know where specifically I should look to see how each program is handling my self-employment income?
You'll want to look carefully at Schedule C (Profit or Loss From Business) on both returns. That's where your self-employment income and expenses are reported. Pay special attention to Part II where expenses are listed - sometimes one software will find more deductible expenses than another. For self-employment tax specifically, check Schedule SE (Self-Employment Tax). This is where you'll see if the program is calculating SE tax on the correct amount of income. The SE tax should only apply to your net profit from self-employment, not your W-2 wages.
As someone who used to do taxes professionally, I'd recommend comparing the actual forms that each software generates rather than just looking at the final numbers. You can usually preview your return before filing. Check these specific things: 1. Is your income categorized correctly on both (W-2 vs 1099)? 2. Are self-employment expenses being deducted properly? 3. Is the standard deduction being applied correctly? 4. Is self-employment tax being calculated only on 1099 income?
I've also seen cases where one software detects certain tax credits automatically while others make you manually enter the information. Especially education credits, child tax credits, and earned income credit. Worth checking those too!
Absolutely correct! The free versions especially can miss credits if you don't know to look for them. The Earned Income Tax Credit is particularly valuable if you qualify, but the software might not automatically check eligibility unless you answer certain questions correctly. Also, different software might handle state taxes differently, which can affect your overall tax picture. Some states have specific deductions or credits that certain free software versions might miss completely.
Jamal Wilson
Has anyone considered setting up an S-Corp instead? I was in a similar 100% commission W-2 role and eventually switched to being an independent contractor and then formed an S-Corp. Now I can legitimately deduct all business expenses including mileage, home office, etc. Plus I save on self-employment taxes by taking a reasonable salary and the rest as distributions. It's not for everyone, but if your employer is willing to work with you as a contractor instead of an employee, it might be worth exploring. You have to weigh the benefits of expense deductions against the loss of any employee benefits you currently receive.
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Mei Lin
ā¢Doesn't switching to independent contractor status mean losing unemployment insurance protection? And what about health insurance? I'm weighing these options too but worried about losing safety nets.
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Jamal Wilson
ā¢Yes, switching to independent contractor status does mean losing unemployment insurance protection, which is definitely something to consider in your decision. You'd need to essentially create your own safety net through savings. Regarding health insurance, as an S-Corp owner, you can actually establish a Qualified Small Employer Health Reimbursement Arrangement (QSEHRA) or an Individual Coverage Health Reimbursement Arrangement (ICHRA) to pay for health insurance premiums with pre-tax dollars. Alternatively, the health insurance premiums for self-employed individuals are deductible on your personal return. Many find that the tax savings from properly structured self-employment more than cover the additional costs of independently obtained insurance.
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Liam Fitzgerald
One option nobody has mentioned yet - some states still allow unreimbursed employee business expense deductions on STATE tax returns even though they're suspended federally. I'm in California and was able to deduct my business mileage and partial home office on my state return as a W-2 employee. Saved about $780 last year on state taxes alone. Worth checking if your state offers this. New York, California, Minnesota and a few others still have these deductions available.
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CosmicCruiser
ā¢That's super helpful, thanks! I'm in Pennsylvania - does anyone know if they allow these deductions? Going to look it up now but figured I'd ask.
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Amara Nnamani
ā¢I can confirm this works in New York too. I deducted over $8,000 in unreimbursed business expenses last year as a W-2 employee on my state return. The key is keeping meticulous records - mileage log, home office measurements and expenses, etc. The state can audit these deductions separately from your federal return.
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