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Just wanted to mention that if your condo association qualifies as a homeowners association under IRC Section 528, you might be able to file Form 1120-H instead of 1041. Much simpler form and specifically designed for property associations. The qualifying requirements are: 1. 60% of revenue must come from member dues/fees 2. 90% of expenses must be for management/maintenance of association property 3. At least 85% of units must be residential For your small 2-unit condo, it sounds like you might qualify and save yourself the 1041 headache.
Do you know if a 2-unit building would even be considered an "association" under those rules? And would choosing 1120-H vs 1041 affect how much we pay in taxes?
Yes, a 2-unit building can still qualify as an association under IRC 528 as long as it meets the other criteria. There's no minimum unit requirement in the tax code for this purpose. The IRS looks at how the entity operates rather than its size. Regarding taxes, Form 1120-H allows the association to exclude income from member dues completely, taxing only "nonexempt function income" like interest earnings or commercial rental income at a flat 30% rate. For small associations with minimal interest income, this often results in zero tax liability or a very small amount. Form 1041 trusts calculate taxes differently, potentially subjecting more income to taxation depending on how the trust is structured. For a simple pass-through arrangement like yours with minimal bank interest, the 1120-H is usually advantageous.
Has anyone else noticed that TaxAct's interview questions for trust returns are weirdly worded? I've been using it for our 4-unit condo trust and some of the questions seem designed for giant commercial trusts with beneficiaries and distributions, not simple condo arrangements.
I switched to TurboTax Business for our condo trust and found their interview process much more straightforward. They have specific questions designed for small residential associations that made the whole process less confusing.
Just wanted to add my experience as someone who went through this last year. I used Sprintax while my green card was pending and it worked perfectly. The key thing to remember is that you file based on your CURRENT status, not what you've applied for. One thing to watch out for: once your green card is approved, you'll be a resident alien for tax purposes from that date forward. So if it gets approved mid-year, you might need to file what's called a "dual-status return" for that tax year, which can be complicated. That's when I had to switch from Sprintax to a regular tax preparer.
Did you do the dual status return yourself or hire someone? I'm worried my green card might be approved in the middle of this tax year and I hear dual status returns can't be e-filed.
I ended up hiring a tax professional for the dual-status year because it got pretty complicated. You're right that you can't e-file a dual-status return - it has to be paper filed. The preparer essentially had to prepare both a 1040NR for the part of the year I was a nonresident and portions of a 1040 for when I became a resident. If your case is simple (just W-2 income), you might be able to handle it yourself, but I had scholarships, some investments, and a side gig, so I didn't want to risk making mistakes. The peace of mind was worth the cost, especially since tax issues can potentially affect immigration cases.
Something no one mentioned yet - make sure you're correctly handling any FICA taxes (Social Security and Medicare). As an F-1 student, you're normally exempt from these taxes, but once your green card is approved, you'll need to start paying them. If your employer mistakenly withheld these taxes while you were still on F-1, you can claim a refund. Conversely, if they didn't withhold after your status changed, you might owe money.
This is super important! My university payroll department automatically started withholding FICA taxes when I told them about my green card APPLICATION (not approval), and it took months to fix. Is there a specific form to request a refund for incorrectly withheld FICA?
Yes, if your employer incorrectly withheld FICA taxes while you were still on an F-1 visa (and within your 5-year exemption period), you need to first try to get a refund from your employer. If they refuse or are unable to refund you, you'll need to file Form 843 "Claim for Refund and Request for Abatement" along with supporting documentation. Make sure to include a statement from your employer showing the amount of incorrectly withheld Social Security and Medicare taxes, a copy of your visa documentation, and a statement explaining why you're exempt. This is another area where Sprintax can help - they generally have guidance on completing these forms for international students.
Important question everyone's missing - what KIND of investment account is this? Is it a: - Traditional IRA (taxed as ordinary income) - Roth IRA (potentially tax free) - 401k (taxed as ordinary income) - Regular brokerage account (capital gains only on profits) - Trust fund (completely different rules) - UTMA/UGMA (yet another set of rules) Without knowing the account type, nobody can give accurate advice. The tax implications are COMPLETELY different for each!
It's a standard brokerage account, not retirement or anything special. She's owned it for about 12 years. The original investment was around $165k and it's grown to about $270k now. No special conditions other than she had to keep it for 10 years minimum per some agreement with the investment company.
Thanks for clarifying - that makes a huge difference! Since it's a standard brokerage account, she'll only pay capital gains tax on the growth portion (about $105k based on your numbers), not the entire $270k. If she's held it over 1 year (which she has at 12 years), she'll pay long-term capital gains rates, which are much lower than ordinary income tax rates - likely 15% for most people. Instead of withdrawing everything and then gifting cash, she could consider transferring shares directly to her children (in-kind transfer). This passes the tax obligation to the kids, who might be in lower tax brackets. They'd inherit her cost basis but could sell according to their own tax situations.
Your MIL should talk to an actual financial advisor or CPA before doing anything. Reddit advice could cost her thousands in unnecessary taxes. One strategy nobody's mentioned: if she's charitably inclined, she could donate appreciated securities directly to charity and avoid capital gains entirely on that portion. Then use cash for family gifts. Also consider her age - if she's over 59.5 that affects certain accounts, over 72 there may be RMDs to consider.
One thing nobody's mentioned yet - as a sole proprietor managing models, you should probably be tracking your income and expenses using accounting software. I tried to just use spreadsheets at first and it was a disaster at tax time. For your models, treat the money they pay you as commission income on your Schedule C. Keep detailed records of each transaction, including: - Date of payment - Amount received - Which model it came from - What platform/work it was for - Your commission percentage This will help you if you ever get audited. For the Filipino contractors, even without W-8BENs, keep detailed records of: - Work they performed (deliverables) - Amounts paid - Dates of service - Communications about the work The IRS is mainly concerned that expenses are legitimate business expenses. If you can prove the payments were ordinary and necessary for your business, you should be able to deduct them even without the perfect documentation.
What accounting software would you recommend for someone just starting out? I'm running into the same issues as OP but don't want to spend a fortune on QuickBooks or something if there are cheaper options that would work for a small operation.
For someone just starting out, I'd recommend Wave Accounting - it's free for basic accounting and receipt tracking, which is perfect for a small operation. You only pay if you use their payroll or payment processing features. It's what I used for my first two years before upgrading. If you want something with a bit more features but still affordable, FreshBooks has a starter plan that's reasonable and very user-friendly. Xero is another good option that's more affordable than QuickBooks but still robust enough for a growing business. All of these will let you categorize your income and expenses properly, which makes Schedule C preparation much easier come tax time.
As someone who does OnlyFans and uses managers, I can give you perspective from the model side. My managers don't ask me for tax docs because I'm essentially their client, not their contractor. They invoice me for their commission, and I pay them. It's actually on ME to send THEM a 1099-NEC if I pay them over $600 in a year (which I do for my main manager). Double check how your business relationship is structured. If the models are actually paying you a commission for your services (which sounds like the case), then technically THEY should be sending YOU a 1099-NEC at the end of the year if they pay you over $600. But many don't know this. You're still responsible for reporting all your income regardless of whether you receive a 1099. The Cash App 1099-K helps, but it won't break down which payments were from which model or for what purpose. That's on you to track.
This is super interesting - I never thought about it from the model's perspective! So if I understand correctly, if I'm paying my manager a percentage of my earnings, I should technically be sending them a 1099-NEC? Is that something most models actually do? And does it matter if I'm paying through Cash App vs direct deposit?
Sebastian Scott
Just adding another perspective - you might want to check if your country has a tax treaty with the US. I'm from India, and our treaty specifies different withholding rates for different types of income. For digital advertising revenue like AdSense, it should be 15% not 30%. If the withholding on your 1042-S is higher than your treaty rate, you might be able to file a simplified US tax return to get the difference refunded. I did this last year using Form 1040NR.
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Noah Ali
β’Thanks for this info! I just checked and Australia does have a tax treaty with the US. On my 1042-S form, it shows they withheld 5% - does that sound right for the Australia-US treaty? And would I need to do anything to get money back or is that the correct amount?
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Sebastian Scott
β’That 5% withholding rate sounds correct for Australia-US royalty payments (which is how AdSense income is typically classified). Since they've withheld at the correct treaty rate, you don't need to file anything with the IRS to get money back. Just make sure you claim this US tax paid as a foreign tax credit when you file your Australian taxes so you don't end up paying tax twice on the same income. Your Australian tax software or accountant should have a section where you can enter foreign taxes paid to get credit for them.
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Emily Sanjay
One important thing nobody mentioned - check Box 3 on your 1042-S form! It shows the type of income being reported. For most AdSense users it's usually code 12 (royalties) but sometimes they miscategorize it and it affects your withholding rate.
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Jordan Walker
β’This is so true! Mine was incorrectly coded as 50 (corporate distributions) with 30% withholding when it should have been code 12 with 10% under my country's treaty. Took forever to get it fixed, but saved me hundreds.
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