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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.
Have you considered gifting money to your dad instead? While you can't deduct gifts on your taxes, you are allowed to gift up to $17,000 per year to any individual without having to file a gift tax return. Anything over that amount would require filing Form 709, but you still wouldn't owe any taxes until you exceed your lifetime gift exemption (currently over $12 million). This isn't a tax deduction, but it at least gives you a way to support your father without any additional tax implications for you.
I appreciate the suggestion! In this case, I actually paid the hospital directly rather than gifting money to my dad, but that's good to know for future reference. Would it have made any difference tax-wise if I had sent him the money first and then he paid the hospital? Or is the end result the same either way?
The end result would be exactly the same tax-wise. Whether you pay the hospital directly or give your father the money to pay, the IRS views it the same way - as a gift to your father. Neither approach would give you a tax deduction. The only practical difference is that paying directly ensures the money is used for its intended purpose, and sometimes hospitals offer cash discounts or payment plans when working directly with them. But from a tax perspective, there's no advantage to either approach.
Just to add another option to consider - you could look at this from a business expense angle if applicable. Do you own a business or are you self-employed? If your father provided any services to your business (consulting, translation, administration, etc.) you could potentially pay him as a contractor and deduct that as a business expense. This needs to be legitimate work with proper documentation, but it's sometimes an option for families with international ties. Just make sure everything is properly documented with contracts, invoices, and evidence of the work performed.
Aaliyah Jackson
Something to consider that no one has mentioned yet - if your wife is earning babysitting income in her country of residence, she might also have tax obligations there! I learned this the hard way when my wife was teaching English in Japan. Just because she's a US citizen doesn't mean she's exempt from local tax laws where she physically works. You'll need to look into the tax treaty between the US and her country to understand how to avoid double taxation.
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Lena Kowalski
β’That's a really good point that I hadn't even considered! She's currently living in Australia and I have no idea what their rules are for small self-employment income like babysitting. Would we need to file tax returns in both countries then? And how does that work with the tax treaty stuff?
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Aaliyah Jackson
β’Australia definitely taxes residents on worldwide income, so yes, she likely needs to file there too. The good news is that the US and Australia have a comprehensive tax treaty. If she pays taxes in Australia, you can generally claim a Foreign Tax Credit on your US return using Form 1116 to offset US taxes on that same income. This helps prevent double taxation. Australia has a tax-free threshold of about 18,200 AUD, so if she's making less than that from babysitting, she might not owe Australian taxes anyway.
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KylieRose
One more thing to think about - if your wife has any foreign bank accounts and you're filing jointly, you both need to report ALL foreign accounts on the FBAR form, even if they're only in her name. The threshold is $10k combined across all accounts at any point during the year. And just fyi, the penalties for not filing FBAR when required are CRAZY high, even for innocent mistakes. Like potentially $10k per violation.
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Miguel HernΓ‘ndez
β’This FBAR stuff is terrifying! I've been doing my taxes myself for years and just found out about this requirement. Is there any kind of amnesty program if you've messed up in previous years? Also, does it matter if the account has barely any money in it?
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