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If you're hiring from India specifically, make sure you understand their local labor laws too. My brother runs a software company and hired developers in India thinking it would be simpler, but there were unexpected complications with India's PF (Provident Fund) requirements and GST (their sales tax). Depending on how you structure it, you might need to register a business entity in India too. Sometimes it's easier to work with an EOR (Employer of Record) service that handles all the local compliance stuff for you.
What's an EOR service? Is that like a PEO? And do you have any recommendations for ones that work well with very small businesses? I'm only looking to hire one person to start.
An EOR (Employer of Record) is similar to a PEO but specifically designed for international hiring. They essentially become the legal employer in the foreign country while you maintain day-to-day management. For small businesses hiring just one or two people, services like Deel, Remote.com, or Ontop tend to be more cost-effective than traditional global PEOs which usually cater to larger companies. They handle everything from compliant contracts to local tax withholding and benefits requirements. The fees usually range from 5-8% of the employee's salary, which might seem high but is typically cheaper than setting up your own foreign entity. For just one employee in India, this approach could save you significant headaches with compliance.
Has anyone actually looked into the tax treaty between US and India for this situation? The issue might be simpler than it seems. Also wondering if an LLC is the best structure if international hiring is your main focus? Maybe an S-Corp would be better for tax purposes?
The US-India tax treaty definitely applies here. Article 15 covers dependent personal services (employment), while Article 14 covers independent personal services (contractors). Generally, if your Indian worker never comes to the US to perform services, their income is only taxable in India. As for LLC vs S-Corp, it really depends on your overall business situation. An LLC with S-Corp election could give you some employment tax advantages if you're also taking a salary, but for purely hiring overseas workers, the structure is less important than properly documenting the relationship. What matters more is whether you classify them correctly as employees vs contractors, and whether you follow the reporting requirements for foreign persons.
One thing nobody has mentioned yet - you can also avoid the penalty if you owe less than $1,000 after subtracting withholding and credits. So if your final tax bill minus what you've paid throughout the year is under $1,000, you won't face penalties regardless of the safe harbor rules. Also, if you have irregular income (like big year-end bonuses or commissions), you can use the annualized income installment method on Form 2210. It might be more complicated but could save you from penalties if your income isn't evenly distributed throughout the year.
Could you explain the annualized income method a bit more? I get most of my income in Q4 and always struggle with this.
The annualized income installment method basically divides your tax year into periods (Jan-Mar, Jan-May, Jan-Aug, and Jan-Dec). For each period, you calculate the tax on your income received so far, annualize it, and then figure what percentage of that annual amount you should have paid by that quarter's estimated tax deadline. It's helpful for people with seasonal or irregular income because it matches your required payments more closely to when you actually receive income. For example, if you earn 70% of your income in Q4, the standard method would still require you to make equal estimated payments throughout the year, which might be difficult. The annualized method would require smaller payments earlier in the year. It's calculated on Form 2210, Schedule AI. It's definitely more complex than the regular method, but for someone with heavily weighted Q4 income, it can prevent you from having to overpay early in the year just to meet safe harbor requirements.
I got caught with underwithholding penalties last year and learned my lesson the hard way. I'm also MFS with high income. What software are people using to track this stuff throughout the year? I've been using TurboTax but it doesn't seem to help much with planning until the end of the year when it's too late.
Try TaxPlanner Pro - it lets you run multiple scenarios and updates your projected tax and withholding requirements throughout the year. Way better than waiting until December to figure out you're going to owe penalties.
Have you checked your bank statements from 2021? If you paid your mortgage from the same account all year, you could add up all the payments to get close to the interest amount. The statements should show who you paid and when. Not as good as the actual 1098 but might help in a pinch.
Thanks for the suggestion! I actually thought about that, but the problem is my mortgage payment included principal, interest, taxes and insurance all bundled together. So just seeing the total payment on my bank statement wouldn't tell me how much was specifically interest. I wish it was that easy!
Just want to mention that the IRS might be quicker than your mortgage company. You can request a "wage and income transcript" directly from the IRS that shows all forms filed for you including 1098s. Go to irs.gov and search for "Get Transcript Online.
I think most people don't realize that the TurboTax desktop version and online version have different features and pricing structures. I've used both over the years. The Chase offer (and most bank/credit card offers) typically applies to the online version because TurboTax has partnership integrations that make it easier to track and apply discounts. The desktop software is sold more through retail channels or direct downloads. If you specifically want the desktop version, look for retail discounts at places like Costco, Amazon, or Best Buy. They often have better deals on the physical software than you'll find directly through Intuit.
Thanks for the tip about retail options! Do you know if there's a significant difference in the features between the desktop and online versions? Is one better for more complicated tax situations like self-employment or investments?
The desktop version tends to be better for more complicated tax situations. If you're self-employed or have significant investments, I'd recommend the desktop version. It gives you more control and offers more advanced features for complex scenarios. The desktop version also allows you to file multiple returns (up to 5) without additional cost, which is great if you're doing taxes for family members. The online version charges separately for each return. Desktop also makes it easier to access previous years' returns without additional fees, whereas the online version sometimes charges you to access older returns.
Has anyone successfully used the Chase offer for TurboTax this year? I'm seeing conflicting information. Some people say it's only for the online version, while others claim they got it to work for the download.
I successfully used it last week, but only for the online version. When I clicked through the Chase Ultimate Rewards portal, it automatically applied a $15 discount plus the advertised percentage off. I tried to find a way to apply it to the downloadable version but couldn't figure it out. The Chase customer service rep confirmed it's online only.
Malik Jackson
Here's another point of confusion that might explain what happened with your TurboTax expert: Sometimes people who are eligible can make BOTH 401k and traditional IRA contributions in the same year. Maybe the tax expert was trying to ask if you had made any traditional IRA contributions IN ADDITION TO your 401k contributions? For 2024, you can contribute to both types of accounts, but whether your traditional IRA contribution is deductible depends on your income level and whether you're covered by a workplace plan like a 401k.
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StardustSeeker
ā¢That's an interesting thought! Maybe there was just a communication breakdown. I was so focused on my 401k contributions that I might have misunderstood if she was asking about separate IRA contributions. Is it worth going back to TurboTax and clarifying this with a different expert?
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Malik Jackson
ā¢Absolutely worth clarifying with a different TurboTax expert. Ask specifically about the deductibility of traditional IRA contributions when you already participate in a 401k plan. The rules get complicated based on your income level and filing status. For context, if you're single and covered by a workplace retirement plan, your ability to deduct traditional IRA contributions starts phasing out at an income of $77,000 and disappears completely at $87,000 (for 2024). The ranges are different if you're married or if only one spouse has a workplace plan. But regardless, 401k and IRA contributions are always reported separately - they're never the same thing.
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Isabella Oliveira
This is definitely a common confusion! I work at a financial services firm and get this question all the time. To be super clear: 1) 401k = employer-sponsored plan with $23,000 contribution limit for 2024 (under age 50) 2) Traditional IRA = individual retirement account with $7,000 limit for 2024 (under age 50) These are SEPARATE accounts with different limits. You report them differently on your taxes and they appear on different forms.
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Ravi Patel
ā¢What about a SIMPLE IRA? Those are employer-sponsored but have "IRA" in the name. Could that be what the TurboTax person was confusing?
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