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I've been going through Publication 54 to understand how to calculate the 365-day period for the physical presence test (for Foreign Earned Income Exclusion), and I'm confused by an example the IRS provides: **Background:** The example shows someone physically present with a tax home in a foreign country for 16 months from June 1, 2022, through September 30, 2023, except for 16 days in December 2022 during a vacation in the United States. They calculate the maximum exclusion for 2022 as follows: 1. Starting from June 1, 2022, count forward 330 full days (not counting the 16 US days). The 330th day is May 12, 2023 - this is considered the last day of a 12-month period. This part makes sense to me. 2. Then they say to count backward 12 months from **May 11, 2023** (not May 12) to find the first day of the 12-month period, which gives May 12, 2022, through May 11, 2023. What I don't understand is why they count backward from May 11 instead of May 12. Shouldn't they be counting from the same date they identified as the end of the 330-day period? Am I missing something obvious here? Any help would be appreciated! - Mark
So I just started my first real job last summer working at the mall. I've been putting in about 25 hours a week while still in high school. When I got my W-2 form last month, I was actually excited to file taxes (weird, I know) because I calculated I should get around $830 back as a refund. Here's where things get frustrating. When I mentioned this to my dad, he immediately said that since I'm a dependent on his taxes, my entire refund automatically belongs to him. He said that's "just how it works" and I "won't be seeing a penny of it." I tried to argue that it's MY money from MY job, but he just laughed and said I don't understand how taxes work. I'm really confused because my friend who's also 17 got her refund directly deposited into her account. Her parents didn't take any of it. I don't know what the actual rules are here. Does my dad have a legal right to take my entire tax refund just because I'm his dependent? Or is he just trying to scam me out of my money? I've worked hard for this and was planning to use that refund to start saving for a car.
Another option is to open your own bank account if possible. Some banks offer teen accounts that your parents don't have access to. Then you can have your refund direct deposited there. If your dad is filing your taxes for you, make sure you see the final return before it's submitted and verify your refund is going to YOUR account, not his. If he's e-filing, you should be able to see where the refund is being directed.
Can I even open my own bank account at 17 though? I thought you had to be 18 to do that without a parent.
Most major banks offer teen checking accounts starting around age 13-16, but they typically require a parent as a co-owner until you're 18. However, some credit unions and online banks have better options for minors with more privacy. Even with a joint account, your dad would technically be violating the account agreement if he took money that was clearly yours (like a tax refund) for his own use. You could also consider asking another trusted adult (like an aunt, uncle, or grandparent) to help you open an account instead of your dad.
I had this exact situation when I was 16! My dad tried to claim my $700 refund and I ended up filing my own taxes (super easy with free tax software) and getting the money sent to my aunt's address as a paper check. My dad was LIVID but couldn't do anything about it. Just make sure you file BEFORE your dad tries to claim your income on his taxes. If he's already filed and included your income incorrectly, it gets more complicated.
I'm in the planning stages of launching a craft brewery with my cousin and we've got a few friends who want to invest in our venture. We've been researching different business structures, but I'm getting confused about tax implications. From what I've gathered about Form 1120, we could set up as an S-corporation which would essentially be a partnership with our investors. The way I understand it, the business itself wouldn't be taxed directly, but instead the tax obligations would pass through to me, my cousin, and our investors as profits (fingers crossed!) start coming in. I'm wondering if there's any reason we should consider a C-corp structure instead? When looking at Form 1065, it seems like a more straightforward partnership setup. It basically outlines how money moves into and out of the business. For our brewery situation, I'm wondering how this would work with our investor structure and which option would be better for our specific circumstances. Any advice from people who've started similar businesses would be really appreciated! We're excited about the brewing part but all this tax and business structure stuff is making my head spin.
Brewery owner here! We went with an LLC taxed as an S-Corp (1120-S) and it's been great for our situation. The self-employment tax savings are substantial. One thing to consider - with craft breweries, equipment depreciation is a big deal tax-wise. The other advantage to S-Corp status is that it looks more established to distributors and larger retailers. We found this helped when trying to get our beers into larger chains and regional distribution networks. Make sure whatever you decide, you have solid operating agreements that clearly outline capital contributions, profit distributions, and decision-making authority. The tax form is just one part - the legal structure between partners is equally important.
That's super helpful context from someone in the same industry! Can I ask how you handled the reasonable salary requirement for S-corps? I've heard the IRS scrutinizes brewery owners who take too little salary to avoid payroll taxes.
Great question! For breweries, this is indeed tricky. We looked at what comparable positions would earn in our area (head brewer, operations manager, etc.) and set salaries accordingly. For the first two years, our salaries were about 50-60% of our total compensation, with the rest as distributions. The IRS does look closely at this industry, so we documented our salary-setting process carefully. We also made sure our salaries increased as the business grew more profitable. Having documentation that shows your salary determination wasn't arbitrary is key if you ever get questioned. Our accountant had us keep notes from our meetings where we discussed compensation and market rates.
Don't forget to consider state-specific implications too! Some states treat these entities differently. For example, California has that annoying $800 minimum franchise tax for LLCs and S-Corps, plus an LLC fee based on gross receipts that can get pricey for breweries with high-volume/low-margin products.
So I just got a weird situation here. I filed my federal and state taxes back in February and everything seemed fine - I got my federal refund direct deposited about 2 weeks later and I paid what I owed to the state. But now my employer just sent me a W2c (corrected W2) that changes my income by $84.25 - it increases box 1, 3 and 5 all by that same amount. I'm honestly wondering if I really HAVE to go through the hassle of filing an amended return for such a small amount? Like, would the IRS even care about $84? I can't imagine it would change my refund by more than a few bucks, if at all. Anyone dealt with something similar or know if there's a minimum threshold where you need to file an amended return? Really don't want to deal with the paperwork if I don't have to.
From my experience as a tax preparer, here's a practical answer: for fed taxes, an $84 change to your W2 would result in roughly $20 extra tax depending on your bracket. State would be even less. Technically yes, you're supposed to amend. Realistically? The chance of the IRS coming after you for this is extremely low. They have bigger fish to fry. But if you're the rule-following type or plan to apply for a mortgage or something where super clean tax records matter, then go ahead and file the 1040-X. Just my two cents - not telling you to break rules, just being practical about the situation!
Do you know how much it typically costs to file an amended return if you use a tax preparer? I'm in a similar boat but with a $120 discrepancy and wondering if it's worth paying someone to fix it.
Most tax preparers charge between $75-150 to file an amended return, even for something simple like this. This is why many people choose not to amend for very small amounts - the preparation fee often exceeds the tax difference. If you're comfortable doing it yourself, you can file a 1040-X for free. It's not extremely complicated for a simple W2 correction. You'd just need to fill out the form showing the original amounts, the corrected amounts, and the difference, then provide a brief explanation like "Received W2c from employer with wage adjustment.
I'm confused about something - when you get a W2c, doesn't the employer also send that information to the IRS? So wouldn't they already know about the correction and expect your numbers to match up?
Yes, your employer sends the corrected W2c to the Social Security Administration, which then shares the info with the IRS. So the IRS will eventually have both sets of numbers. This is actually why small discrepancies like this sometimes get flagged in their automated system - their records won't match what you filed.
So I still need to file my 2021 taxes and I know I'm getting a decent refund back. I was planning to get everything submitted by the October 15 deadline this year, but then Hurricane Helene hit us hard. Our house got some flooding and I've been dealing with insurance and cleanup for weeks now. I remember the IRS telling me before that there's only a three-year window to claim refunds, and I'm worried about missing out. I've heard that some tax deadlines were extended for people affected by Hurricane Helene, but I'm not sure if this applies to my situation with the 2021 taxes. Has anyone heard if the October deadline for 2021 refunds was pushed back for those of us in the disaster areas? I really don't want to lose the money that's rightfully mine, but I'm honestly overwhelmed with everything else right now.
Has anyone dealt with damaged tax documents due to the hurricane? My 2021 paperwork got wet in the flooding and some of it is barely readable now. Not sure how to proceed with filing when I can't clearly see all the numbers.
You can request copies of your wage and income transcripts from the IRS for free. Go to IRS.gov and search for "Get Transcript Online" or call their transcript request line at 800-908-9946. This will give you all the info reported to the IRS like your W-2s and 1099s for 2021. For bank statements and other documents, contact those institutions directly for replacements.
Anyone know if we're eligible for any special tax benefits or deductions related to Hurricane Helene damages when filing these older returns? My 2021 taxes don't relate to the hurricane obviously but I'm filing them now while dealing with all the hurricane aftermath.
Unfortunately, you can't claim Hurricane Helene disaster losses on your 2021 return since the disaster occurred in 2024. Casualty losses must be claimed for the tax year in which they occurred. You'll need to claim Helene-related losses on your 2024 tax return (which you'll file in 2025) or potentially on an amended 2023 return if you choose to claim the loss in the immediately preceding year, which is sometimes allowed for federally declared disasters. But for your 2021 return that you're filing now, you can only claim the extension - not any hurricane-related losses.
Oscar O'Neil
I'm an expatriate tax consultant, and this exact example confuses many of my clients. Here's the clearest way I can explain it: The physical presence test requires 330 full days of presence in a foreign country during a period of 12 consecutive months. In the example, counting forward 330 days from June 1, 2022 (excluding US days) gets you to May 12, 2023. Now you need to identify which 12-month period contains those 330 days. The period must end on May 11, 2023 (not May 12) because: - If the period ended on May 12, 2023, it would start on May 13, 2022 - But your qualifying foreign presence began on June 1, 2022 - So a period from May 13, 2022 to May 12, 2023 would include days before you established foreign presence That's why they use May 11 as the end date - to create a 12-month period (May 12, 2022 to May 11, 2023) that properly contains all your qualifying days.
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Sara Hellquiem
But if I started my foreign assignment on April 15, 2022 (earlier than the example's June 1), wouldn't the period from May 13, 2022 to May 12, 2023 work just fine? All those days would still be within my foreign presence period, right?
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Oscar O'Neil
If you started your foreign assignment on April 15, 2022, then yes, a period from May 13, 2022 to May 12, 2023 would technically work for you. But the IRS example is specifically dealing with someone who began their foreign presence on June 1, 2022. The key is finding the optimal 12-month period that maximizes your qualifying days. If you started on April 15, you might actually have a different optimal 12-month period than the one in the example. You'd need to count forward 330 days from your start date (accounting for any US visits) and then establish your specific 12-month period.
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Charlee Coleman
Anyone know if 2025 is bringing any changes to the FEIE physical presence test? I've heard rumors about the IRS tightening the rules for digital nomads who bounce between countries. Will this counting method stay the same?
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Liv Park
As far as I know, the basic mechanics of the physical presence test aren't changing for 2025. The 330-day requirement and 12-month period calculation should remain the same. What might be getting more scrutiny is whether digital nomads truly have a "tax home" in a foreign country, which is a separate requirement for the FEIE.
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