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One additional approach to consider: Have you looked into creating a Foreign Disregarded Entity (FDE) in Peru? This could potentially simplify your structure. Rather than having the property go through your wife and then to the partnership, you could have your US partnership own a Peruvian entity directly. This Peruvian entity would be disregarded for US tax purposes but would give you legal standing in Peru. You'd report it on Form 8858 annually, but it might simplify the money flow and eliminate some of the steps you're planning. Just make sure the entity type you choose in Peru qualifies for this treatment under US tax rules.
That's an interesting approach I hadn't considered. Would this FDE structure eliminate the need for the funds to flow through my wife's account? Also, would my father-in-law's involvement be easier to structure with this approach?
Yes, with an FDE structure, the funds could flow directly from your US partnership to the Peruvian entity's account without going through your wife's personal account. This creates a cleaner audit trail and likely reduces your FBAR complexity. For your father-in-law's involvement, you have options. He could be a local director or manager of the Peruvian entity (compensated through fees) while not being a US tax partner. Alternatively, he could be a true partner in the US partnership with the foreign withholding requirements that entails. The FDE structure gives you flexibility either way. The biggest advantage is that for US tax purposes, it's as if your partnership owns the property directly, while for Peruvian legal and banking purposes, you have a local entity that can operate more easily.
Has anyone mentioned FIRPTA yet? If you're selling real property in Peru through a US entity, you need to be aware of how that's reported. The sale of foreign real property isn't subject to US FIRPTA withholding itself, but you still need to report the gain/loss correctly. Also, be careful about the classification of your Peruvian property investment. If it's for development (vs just appreciation), it might be considered a Passive Foreign Investment Company (PFIC), which opens up a whole new set of tax nightmares.
For what it's worth, I've been using different services for extensions vs filing for years. Usually do my extension through the free fillable forms on the IRS website since it's super basic, then use TaxAct for my actual return. Never had an issue. Just make sure wherever you file the extension gives you confirmation that it was accepted by the IRS.
Do you have to create an account with the IRS to use their free fillable forms for the extension? And is it actually free or do they try to upsell you?
You do need to create an account on the Free File Fillable Forms site, but it's pretty straightforward. It's completely free with no upsells - it's the official IRS program. It's basically just the raw forms without any guidance, so the extension form (4868) is simple enough, but some people find the complete tax forms overwhelming without software guidance. For just the extension though, it's a great free option.
Does anyone know if filing an extension affects your refund timing? Like if I'm owed money, will I get it later because I extended?
Don't overlook the Congressional Research Service (CRS) reports! They often have comprehensive summaries of tax credits by sector. The report titled "Energy Tax Policy: Historical Perspectives on and Current Status of Energy Tax Expenditures" was incredibly helpful for my energy policy work. It breaks down ALL business energy tax credits with their IRC sections, dollar values, and expiration dates. Also check out the Tax Foundation and the American Council for an Energy-Efficient Economy (ACEEE) - both have great compilations of energy-related tax incentives. Another trick is to look at the Joint Committee on Taxation's tax expenditure reports which quantify the fiscal impact of each credit.
Thanks! I didn't even think about CRS reports. How recent is the energy tax policy report you mentioned? And do you know if it covers the changes from the Inflation Reduction Act since those modified a bunch of the energy credits?
The most recent comprehensive CRS report was updated just a few months ago, so it definitely includes all the Inflation Reduction Act changes. It has a really helpful table comparing the pre-IRA and post-IRA versions of each credit with expiration dates. The report actually excels at showing the evolution of energy tax credits over time, which could be super valuable for your debate prep - especially when discussing the policy rationale behind various incentives. It also distinguishes between permanent features of the tax code versus temporary provisions, which is important when you're evaluating long-term energy policy impacts.
For debate prep specifically, don't forget to look at industry criticism of these tax credits too! Check out resources from API (American Petroleum Institute) for critiques of renewable credits, and conversely, look at SEIA (Solar Energy Industries Association) for advocacy of solar incentives and critiques of fossil fuel subsidies. Also, the Joint Committee on Taxation scores each tax expenditure with revenue impacts, which is crucial for cost-benefit analysis in your debate. Congressional Budget Office reports often evaluate the effectiveness of these credits too.
This is key advice. In my last policy debate, the other team destroyed us because they had industry critiques we weren't prepared for. The Heritage Foundation and Cato Institute also have analyses criticizing energy tax credits as inefficient. Do you know which recent JCT report has the most comprehensive scoring?
One thing no one has mentioned yet is that your friend should make sure he gets a W-9 from the helper BEFORE paying them. This creates a paper trail proving he tried to do everything correctly. I learned this the hard way when one of my contractors ghosted me after payment and I couldn't complete their 1099 properly. The IRS can actually penalize you for missing or incorrect 1099s even if it wasn't your fault.
What exactly happens if you can't get someone to fill out a W-9? Like if they refuse or you just can't reach them anymore? Are you still supposed to issue the 1099 somehow?
If someone refuses to complete a W-9 or you can't reach them after payment, you're technically supposed to begin backup withholding at a rate of 24% on any future payments to that person. This means holding back that percentage and remitting it to the IRS. For the 1099-NEC, you should still issue it with whatever information you do have. If you're missing their tax ID number, the IRS may send you a B-notice requesting the missing information. The best protection is documenting your attempts to get their information (emails, certified letters, etc.). The IRS understands these situations happen, but they want to see you made a good faith effort to comply.
Be careful about the "20 Factor Test" the IRS uses! Even if someone brings their own tools, they might still be considered an employee if your friend controls WHEN and HOW they do the work. For example, if your friend says "be at this location at 9am, do the lawn this way, and leave at 5pm" - that's looking more like an employee relationship even with their own tools.
Lucas Notre-Dame
Another option to consider is the AARP Foundation Tax-Aide program. If you qualify (they primarily serve seniors but also help lower to middle income taxpayers of any age), they'll review your return for FREE. I volunteered with them for years, and we did reviews all the time. The volunteers are IRS-certified and really know their stuff. Check their website to find locations near you and see if you qualify. Their season usually runs February through mid-April.
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Sophia Nguyen
ā¢This sounds like a great option! Do they have income limits for who qualifies? And do they help with state returns as well as federal?
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Lucas Notre-Dame
ā¢They prioritize seniors but don't have strict income limits. Generally, they serve people with "low to moderate" income, which in practice can be up to $75,000 for individuals or $100,000 for families, but this varies by location based on the cost of living in your area. They absolutely help with state returns as well as federal. The service is completely free regardless of how complex your return is. Just be aware that during peak season (late March through April 15) the wait times can get long, so going earlier in the season is better if possible.
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Aria Park
I tried having my self-prepared return reviewed by a local CPA last year, and it was a total waste of $120. She basically skimmed through it for 10 minutes and said "looks good." Didn't find any issues or missed opportunities, and seemed annoyed that I wasn't paying for full preparation. Anyone have tips for finding someone who actually takes the review process seriously? Or specific questions I should ask beforehand to weed out the ones who won't put in effort?
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Noah Ali
ā¢When I was searching for a reviewer, I asked specifically, "What's your process for reviewing a self-prepared return?" The good ones will explain a systematic approach and mention specific areas they focus on. Also ask, "How often do you find missed opportunities on DIY returns?" - the honest ones will have specific examples ready.
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Aria Park
ā¢That's really helpful advice, thanks! I like the idea of asking about their process upfront - that would definitely help identify who's just going to skim it versus who takes the review seriously. I'll definitely try those questions if I decide to get a review again this year. I still feel a bit burned by the experience, but maybe I just chose the wrong professional. I've seen a few recommendations in this thread that seem promising too.
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