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I'm a little confused about how this works. If the partnership earns income but you can't access it due to a lockup, are you basically paying taxes with your own money on income you haven't received yet? That seems unfair.
Yes, that's exactly what happens and it's called "phantom income." It's one of the downsides of partnership investments. You're taxed on your share of partnership earnings whether or not they distribute that cash to you. Think of it this way: the partnership is not a separate taxpayer - it's a pass-through entity. So when the partnership earns $100, and you own 10%, it's treated as if YOU earned $10 directly, regardless of whether they distribute that $10 to you or keep it in the business. The lockup only affects when you can withdraw your capital, not when income is recognized for tax purposes.
Can someone clarify what happens when you eventually DO get access to the money after the lockup period? Do you get taxed again when you actually receive the cash?
No, you don't get taxed twice. When you eventually receive distributions, they're generally not taxable again (assuming they don't exceed your basis in the partnership). The distribution is basically a return of capital that you've already paid tax on. Your basis in the partnership increases by your share of income (that you've already paid tax on) and decreases by distributions. This accounting mechanism prevents double taxation.
Just want to add something important - make sure you're actually a non-resident for tax purposes before filing the 1040-NR! The substantial presence test can sometimes qualify international students as residents for tax purposes if you've been in the US long enough. Generally, F-1 students are considered non-residents for their first 5 calendar years in the US, but it gets complicated. If 2019 wasn't your first year in the US, you might have correctly filed the 1040. Double check before amending!
Thanks for bringing this up! 2019 was definitely my first year in the US - I arrived in August 2019 for fall semester. I'm certain I should have filed as a non-resident. I just wasn't familiar with US tax laws at all and TurboTax didn't really ask the right questions about my visa status.
Sounds like you're definitely right to amend then! Just wanted to make sure since I've seen people mistakenly amend when they were actually residents for tax purposes. For your first partial year in 2019, the 1040-NR is absolutely the correct form. Good luck with the amendment!
Has anyone successfully received a refund after amending from 1040 to 1040-NR? I'm in a similar situation but from 2021, and wondering if it's worth the hassle if I'm owed money back.
I amended my 2020 return last year and did get a refund! It took about 7 months to process but I eventually got a check for $642. The key was documenting everything very clearly and including all supporting materials.
One option nobody's mentioned yet is an Offer in Compromise, where the IRS agrees to settle your tax debt for less than the full amount if you can prove you'll never reasonably be able to pay it all. My brother owed nearly $18k and got it settled for about $6k. You need to complete Form 656 and there's an application fee, but it could be worth looking into if your financial situation is really dire.
Thanks for bringing this up! Would I qualify for an Offer in Compromise with only $2,400 owed? I always thought that was for people with massive tax debts. My financial situation isn't great, but I do have steady income - just not enough extra to pay this all at once.
There's no minimum amount required for an Offer in Compromise, but with only $2,400 owed, it might not be your best option. The application fee is $205 unless you qualify for low-income certification, and the process can take 6-24 months with no guarantee of acceptance. In your situation with steady income, a long-term payment plan is probably more practical. The IRS will likely approve a 72-month plan with payments around $40-50 per month on your balance. That's much easier to manage and doesn't require the extensive financial documentation an OIC needs.
Whatever you do DO NOT ignore the IRS!!! I made that mistake in 2021 and ended up with a tax lien that destroyed my credit. Plus the penalties and interest nearly doubled my original amount. Call them asap and get on a payment plan you can actually afford even if its small monthly payments. They just want to see your making an effort.
Just wanted to share that the IRS has been somewhat inconsistent with how they want TFSAs reported. Some tax preparers file Form 3520 and Form 3520-A (for foreign trusts), while others argue that TFSAs should be treated like any other foreign financial account requiring just FBAR and possibly Form 8938. In my experience, many tax professionals now take the position that a TFSA is NOT a foreign trust and therefore Form 3520 isn't required. But this isn't universally agreed upon, which is why this is such a confusing area. If you want to be extra cautious, reporting it on Form 3520 covers all bases, but it adds complexity to your return. Whatever approach you take, document your reasoning in case you're ever questioned.
Thanks for this info! Did you end up filing Form 3520 for your TFSA, or did you go with just FBAR and 8938? I'm trying to understand what the majority of people in this situation are doing.
I initially filed Form 3520 for my TFSA for two years, following advice from my first cross-border tax specialist. It was a paperwork headache and added considerable complexity to my returns. After consulting with another tax professional who specializes specifically in US-Canada issues, I switched to reporting my TFSA on FBAR and Form 8938 only, with a note explaining the account's status. This professional provided me with several IRS memorandums and case examples supporting the position that most standard TFSAs don't meet the technical definition of foreign trusts requiring 3520 filing.
Be careful with TFSA and US tax reporting! The tax treaty between US-Canada doesn't recognize the tax-free status of TFSAs for US tax purposes. Even if you solve the Form 3520 issue, you still need to report any income/gains from the TFSA on your US tax return. This is why many dual citizens eventually close their TFSAs - the reporting requirements and US tax on the earnings often outweigh the Canadian tax benefits.
StarStrider
When I did my amended return last year, I actually went to an IRS Taxpayer Assistance Center in person and they helped me with the W2 issue. You need an appointment, but they can review everything before you mail it to make sure it's correct. Saved me a lot of headache.
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Sean Doyle
ā¢Do you need to bring anything specific to the appointment? I'm thinking of doing this but not sure what to take with me.
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StarStrider
ā¢You need to bring your photo ID, social security card or tax ID number, and all relevant tax documents for your situation. In your case, that would mean your original return, the completed 1040-X form you plan to submit, and all supporting documents including your W2 form. It's also helpful to bring any notices you've received from the IRS about the issue you're trying to fix. Make an appointment online or by phone before going - they don't take walk-ins anymore.
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Zara Rashid
Anyone else notice how much more complicated filing taxes has gotten in the last few years? I feel like I used to just be able to e-file everything without all these document attachment issues.
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Luca Romano
ā¢It's because the IRS systems are super outdated. They still process paper returns using technology from the 1960s. That's why there are so many weird rules about how to attach documents.
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