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One thing nobody's mentioned yet is the 330-day rule that's pretty critical in these cases. Canada doesn't just look at your ties but also at physical presence. If you're physically present in Canada for 183 days or more in the tax year, you're deemed a resident for tax purposes regardless of your ties. Since you moved in October and came back in December for your wedding, count those days carefully. Did you stay in Canada after the wedding for any length of time? Did you make any other trips back to Canada during that period? All those days count toward your physical presence test.
That's helpful, thanks! I moved October 10th and was in the US until December 18th when we returned for the wedding. We stayed in Canada until January 2nd, so that's about 27 days total in Canada for 2024. Sounds like I should be well under the 183-day threshold. Do pre-move days count toward this calculation too? Like, I was obviously in Canada from January-October before moving.
Yes, all days physically in Canada during the calendar year count toward the 183-day threshold, including January-October before your move. So you'd have roughly 9 months plus 27 days, which would put you over the 183-day threshold for 2024. However, this doesn't automatically make you a resident for the whole year. The CRA can recognize a change in residency status during the year. For people leaving Canada, they often consider you a part-year resident up to your departure date if you've legitimately established non-residency after that point. This is why your accountants are focusing on your ties after October, because they're trying to determine if you successfully established non-residency upon your departure.
Has anyone mentioned form NR73 yet? It's the CRA's determination of residency status form that you can submit to get an official ruling. I filled it out when I moved to Hong Kong for work while my husband temporarily stayed in Canada. The form asks detailed questions about all your residential ties - primary (spouse, home, dependents) and secondary (bank accounts, driver's license, health insurance, etc). The CRA reviews it and gives you a determination that you can rely on.
I'd be careful with NR73. It can be helpful but it's also known to trigger extra scrutiny. My cross-border tax specialist advised against filing it unless absolutely necessary because it essentially puts you on CRA's radar and can lead to additional questions and reviews. Sometimes it's better to take a reasonable position based on your facts and circumstances and be prepared to defend it if questioned, rather than proactively asking for a determination.
Don't forget to look into the Dependent Care Credit too! If your mom qualifies as your dependent for medical purposes AND is physically or mentally incapable of self-care, you might qualify for this credit which is separate from the medical expense deduction. You can claim up to $4,000 in expenses for one qualifying dependent. The credit is based on a percentage of your expenses (between 20-35% depending on your income), so it could be substantial. Look at Form 2441 and IRS Publication 503 for details. This might be better than the medical expense deduction if your AGI is high.
Thanks for mentioning this! I had no idea there was a separate credit. Does this replace the medical expense deduction or can I potentially use both? Also, does it matter that I'm not physically taking care of her myself (since she's in a facility)?
You cannot double-dip by claiming the same expenses for both the Dependent Care Credit and as medical expense deductions. You'll need to choose which is more beneficial based on your overall tax situation. Generally, credits are more valuable than deductions, but it depends on your specific numbers. The good news is that you don't need to physically care for her yourself to claim the Dependent Care Credit. Expenses paid to a care facility qualify as long as part of the expense is for the care of your mom. However, if the facility provides medical care, you need to separate out the cost of care from the medical expense portion if you want to use both benefits for different expenses.
Something important that hasn't been mentioned yet - make sure all your payments for her care go directly to the providers! If you give money to your mom and then she pays the facility or doctors, the IRS might consider that a gift rather than you paying medical expenses. I learned this the hard way when trying to claim my father's expenses.
Is there any way to fix this if you've already been giving the money to the parent? My sister and I deposit money in our dad's account and he pays his care facility.
Make sure you're considering the QBI (Qualified Business Income) deduction too! As a self-employed person, you likely qualify for a deduction of up to 20% of your qualified business income. The tax software should calculate this automatically, but sometimes you need to make sure you've checked the right boxes. Also, don't forget to look into retirement options like a SEP IRA or Solo 401(k) which can significantly reduce your taxable income. Even though it's after December 31st, you can still open and fund many retirement accounts for the previous tax year before the filing deadline.
I've never heard of the QBI deduction! How do I know if I qualify for that? And can I really still set up a retirement account for last year even though we're already in the new year?
Most self-employed individuals with income under $170,050 (single) or $340,100 (married) for 2024 qualify for the full QBI deduction. It's basically a 20% deduction on your net business profit. The tax software should calculate it automatically, but make sure it knows your business is a qualified trade or business. Yes, you can absolutely still set up and fund a retirement account for last year! For SEP IRAs, you can establish and contribute until your tax filing deadline, including extensions. So potentially as late as October 15th! Solo 401(k)s need to be established by December 31st of the tax year, but you can still contribute to them until your tax filing deadline. This is one of the best tax-saving strategies for self-employed people.
I think you might be confusing two different things. The 15.3% is JUST your self-employment tax (Social Security and Medicare). But you still have to pay regular income tax on top of that! Try this rough calculation: 1. Take your business gross income 2. Subtract ALL business expenses 3. That's your business profit 4. Pay 15.3% self-employment tax on that profit 5. ALSO add that profit to your regular income 6. Pay regular income tax on your combined income That's why it feels like you're being taxed twice - because you kind of are! Welcome to self-employment! π«
This is exactly right. I've been self-employed for 5 years and it still hurts every time. The other thing to remember is that half of your self-employment tax is deductible on your 1040, which helps a little bit at least.
That breakdown really helps me understand! So I'm essentially getting hit twice on my business income - once with the self-employment tax and then again when it's added to my regular income for income tax purposes. No wonder the number seemed so high! I appreciate the simple explanation. Now I see why people talk about the importance of tracking every possible business expense. Every dollar I can legitimately deduct from my gross business income helps reduce both tax calculations.
One thing no one's mentioned yet - if your employer offers a Flexible Spending Account (FSA) for healthcare, that's another pre-tax option for orthodontic expenses. I used my FSA for my son's braces last year and it saved me a bunch on taxes. Just remember you usually have to use FSA funds within the plan year (some plans offer a grace period).
Is there any advantage to using an FSA instead of an HSA for braces? I have both options at my work and never know which one to pick during open enrollment.
HSAs are generally better since the funds don't expire and you can invest them, but FSAs sometimes make sense if you know you'll have a large expense in that specific year. For braces specifically, one advantage of FSAs is that many allow you to access your full annual election amount at the beginning of the plan year, even before you've made all the contributions. So you could pay a large orthodontic bill in January but the money comes out of your paycheck gradually throughout the year.
I went through this last year with my daughter's braces. The ortho charged $6500 and we had to pay most out of pocket. Make sure you ask the orthodontist for an itemized statement for the FULL treatment plan. My ortho was willing to provide documentation showing we prepaid for the entire treatment even though it spans 2 years. This helped us bunch the expense into one tax year so we could exceed the 7.5% AGI threshold.
Oliver Zimmermann
One thing nobody mentioned - if you're paying these artists through Venmo and then taking your cut, you might actually have "pass-through" income that's treated differently than your commission income. You really should separate these in your books. Let's say Artist gets paid $1000 from Platform, sends you the full $1000 via Venmo, and you keep $200 as your commission and send the artist $800. Your actual income is only $200, not the full $1000, but Venmo might report the full $1000 on your 1099-K. You need good records to show that $800 was pass-through money that isn't actually your income!
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StarSailor}
β’This is really helpful - I hadn't thought about the pass-through issue. In my case, the artists are receiving payment directly from their platforms and then sending me my percentage (usually 15-20%). So if they make $1000, they'd send me $150-$200 via Venmo. Does that simplify things since I'm only receiving my commission portion?
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Oliver Zimmermann
β’That definitely simplifies your situation! Since you're only receiving your commission portion directly, there's no pass-through income to worry about. The full amount you receive through Venmo is indeed your business income that should be reported on your Schedule C. Just make sure you're tracking each payment received with details on which artist it came from, what platform earnings it relates to, and the commission percentage applied. This documentation will help support your reported income if you're ever questioned. It's also smart business practice to send your artists an annual statement showing the total commissions they paid you, both for their records and yours.
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Natasha Volkova
For your Thailand contractors, make sure you're not accidentally violating any treaty stuff! Some countries have specific tax treaties with the US that determine how payments to their citizens should be handled. This gets complicated fast - one reason why proper documentation is super important. Also worth checking if you need to report these payments on a separate form - sometimes Foreign Contractor payments have additional reporting requirements beyond just deducting them on Schedule C.
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Javier Torres
β’This might be overkill for small payments though. I pay VAs in the Philippines less than $5k each per year and my accountant said as long as I have good documentation of the work performed and payments made, I don't need to worry about additional foreign reporting forms. Might depend on the dollar amount?
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