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I recently established a US LLC with two foreign partners (50/50 split). From what I understand, this structure automatically requires us to file as a partnership with Form 1065 at year end, and each member would need to file 1040NRs after getting their ITINs. I believe Form 5472 is also required for each foreign member. Here's where things get complicated - we're planning to change the ownership structure to have just one member, which would be a foreign corporation. I'm trying to figure out how this changes our tax situation. Would only US income be taxed even though it's a subsidiary of the foreign parent? What would the filing requirements look like after this change? Would we need to file Form 1120 instead for the US entity? Really appreciate any insights on what considerations I should keep in mind before making these changes. Want to make sure I'm not missing anything important!
I'm really confused about the whole TTS/MTM election process and hoping someone can help clear things up. Some background: I have a full-time job but have been actively day trading since July 2023. I typically focus on a handful of securities that I follow closely, and I trade them pretty frequently. I'm making around 15-25 trades per month on average. Looking at my 1099 from last year, I realized I've accumulated a ton of wash losses which is frustrating. From what I've gathered, unless I elect Mark to Market or qualify for Trader Tax Status, those wash losses won't count. I know it's too late for 2024, but I want to set this up correctly for 2025 and can't find clear instructions anywhere online. My main questions are: 1. Are MTM and TTS two different things? I think one is an election you make when filing taxes and the other is a status you qualify for, but I'm not sure. Do I need a CPA to help with either of these? 2. I also have long-term investment positions in other brokerage accounts (through my employer's RSU program and my personal investment portfolio). I want to keep these as regular investments and not subject to MTM. Can I make the election selectively by brokerage account? 3. Is there any way to claim my wash losses from 2024 in my 2025 return if I make the MTM election, or are those just gone forever? Extra info: I'm on a work visa (not a US citizen). My trading account is around $45-50k. Not sure if either of these factors affects anything. Should I just hire a tax pro for this? These questions feel pretty specific but any guidance would be super helpful!
Just a word of caution - make sure you REALLY qualify for trader tax status before making the MTM election. The IRS has been increasingly scrutinizing these claims. The requirements are pretty strict - you need to be trading substantially, regularly, and continuously. From what you described (15-20 trades monthly), you might be on the borderline. The IRS typically looks for: - Trading almost daily - At least 3-4 trades per day when you do trade - Holding periods of less than 30 days for most positions - Significant time spent (15+ hours weekly) on trading activities
This is really helpful information! I'm in a similar situation - been actively trading since early 2024 and dealing with the wash sale headache. One thing I want to add based on my research: even if you don't qualify for full TTS, you might still be able to deduct some trading-related expenses as miscellaneous itemized deductions (though these are currently suspended until 2025 under TCJA). Things like trading software subscriptions, market data feeds, and trading education could potentially be deductible once that suspension lifts. Also, @aef192fb4d37, since you mentioned being on a work visa - make sure to check if your visa status allows you to engage in trading as a business activity. Most work visas permit investment activities, but if you're claiming TTS, you're essentially saying trading is your business, which could potentially create complications depending on your specific visa type. The consensus here seems to be that professional help is worth it for the first year, especially given the complexity and potential audit risks. Better to get it right from the start than deal with problems later!
I'm in a tough spot and could use some guidance. The Social Security office gave us wrong information about the Windfall Elimination Provision (WEP), which resulted in us getting overpaid for benefits during the last two tax years. They're letting us repay the amount in 36 installments with no interest, which we started paying back in January 2023. Here's my question - we already paid both federal and state income taxes on those overpayments for both years. Is there a way to get those taxes back? Will Social Security send us some kind of form to use when filing our 2023 taxes? Or do we need to file amended returns for those previous tax years? Also, does anyone know a reliable way to contact the IRS about this? Every time I try calling, I just get stuck in their automated system for hours. Any advice would be greatly appreciated!
Does anyone know if you need to amend state tax returns separately? We paid state taxes on the overpayment too but I'm not sure if the process is the same as federal.
Yes, you typically need to file amended state returns separately from federal. Each state has its own form (usually called something like Schedule X or Form IT-X). But don't file your state amendment until after your federal amendment is processed! Otherwise they might not match up and you'll get even more headaches.
I'm dealing with a similar WEP overpayment situation right now and this thread has been incredibly helpful! One thing I wanted to add - if you're having trouble getting clear answers from Social Security about exactly how much you've repaid and what documentation you'll receive, try requesting a "benefit verification letter" from your my Social Security account online. This letter shows your complete payment history and can help you track exactly what you've repaid so far. I found this really useful when trying to figure out if I should amend previous years' returns or take the current year deduction. Having the exact numbers made it much easier to calculate which approach would save me more money. Also, for anyone still struggling with the IRS phone system - I can confirm that calling early in the morning (right when they open at 7 AM) seems to have better success rates than calling later in the day, though it's still frustrating. The automated system is brutal but persistence does sometimes pay off.
I filed my taxes as an independent contractor for the first time this year, and I just got a letter from the IRS saying they need to verify my identity before processing my refund. I'm a bit worried about this process and want to make sure I'm not being scammed. Here's what I've done so far: 1. Received a letter with an IRS letterhead asking me to verify my identity 2. The letter directs me to id.irs.gov or gives a phone number to call 3. I checked the IRS website and confirmed these seem legitimate What exactly will they ask me to verify? Social security number? Previous tax info? Do I need specific documents ready? Has anyone gone through this process recently? I'm concerned about giving out personal information, but I also need my refund processed...
I just went through this verification process two weeks ago as a new freelancer, and I completely understand your anxiety! The key thing that helped me was verifying the legitimacy first - I called the IRS directly using the number from their official website (not the letter) to confirm it was real before doing anything online. The actual verification was much simpler than I expected. They asked for my SSN, last year's AGI, this year's refund amount, and then questions about my financial accounts like mortgage balance and credit card info. Everything was multiple choice, so you just select the right range rather than typing exact amounts. They never ask for full account numbers - that would be a major red flag for a scam. Make sure you're on the real id.irs.gov site (double-check that URL!) and have your last two tax returns plus recent statements for any loans or credit cards nearby. The whole thing took me about 12 minutes, and my refund was processed 9 days later. What really convinced me it was legitimate was that the questions were very specific to my actual financial history - things only I would know, not generic info a scammer would fish for. The IRS has really ramped up these verifications for first-time independent contractors to prevent fraud, so it's totally normal. You've got this!
This is really helpful advice, especially the tip about calling the IRS directly first! I just received my verification letter yesterday and was honestly pretty freaked out about it. As a newcomer to independent contractor work, this whole process feels overwhelming. Your point about the questions being specific to your actual financial history is reassuring - I was worried about accidentally giving information to scammers. Quick question: when you had your tax returns and statements ready, did you need physical copies or were digital copies on your computer sufficient? I'm trying to get organized before I start the verification process. Also, the 9-day timeline for refund processing after verification sounds much faster than I was expecting, which is encouraging!
@StarStrider Digital copies worked perfectly fine for me! I had everything saved as PDFs on my laptop and just switched between browser tabs as needed during the verification. The IRS system doesn't require you to upload any documents - you're just using your records to answer their questions accurately. Having them digital actually made it easier to quickly search for specific numbers like my AGI or loan balances. Just make sure your files are easily accessible and clearly labeled so you're not scrambling to find the right document mid-verification. The 9-day processing was definitely faster than I expected too - I think once you complete the verification successfully, they prioritize getting your refund out quickly since you've already jumped through their security hoops!
I just completed this verification process last week and wanted to share my experience to help ease your concerns! As a first-time independent contractor, I was also worried about scams when I received the letter. Here's what worked for me: I first verified the letter was legitimate by calling the IRS directly using the phone number from irs.gov (not from the letter itself). They confirmed it was real and explained that new Schedule C filers are routinely selected for additional verification. The actual online verification at id.irs.gov took about 15 minutes. They asked for: - My SSN and previous year's AGI - Current year's expected refund amount - Questions about my financial accounts (mortgage balance, auto loan payments, credit card balances) - All questions were multiple choice - no need to enter exact amounts Key things that convinced me it was legitimate: - The questions were very specific to my actual credit and financial history - They never asked for full account numbers or passwords - The website used secure authentication protocols I had my last two years' tax returns and recent loan/credit statements ready (digital copies worked fine). My refund was processed exactly 10 days after completing verification. The process is definitely legitimate and much more straightforward than the anxiety beforehand suggests. Just stick to the official id.irs.gov site and you'll be fine!
This is such a comprehensive breakdown, thank you! As someone who literally just got this letter today and was panicking about whether it was a scam, your step-by-step experience is incredibly reassuring. I really appreciate that you mentioned calling the IRS directly first using their official website number - that's definitely what I'm going to do tomorrow to verify before proceeding. It's also helpful to know that digital copies of documents work fine since I have everything stored electronically. The 10-day processing timeline after verification gives me hope that this won't delay my refund too much longer. One quick question - when they asked about your financial accounts, did they include student loans in those questions, or was it mainly just credit cards, mortgages, and auto loans? I want to make sure I have all my loan information ready just in case!
@Sean Doyle Thank you for this detailed walkthrough! I m'in the exact same situation as a new independent contractor and just received my verification letter yesterday. Your experience gives me a lot of confidence about moving forward. I m'definitely going to follow your advice and call the IRS directly first using their official website number rather than anything from the letter. One thing I m'curious about - when you called to verify the letter was legitimate, approximately how long did you have to wait on hold? I ve'heard mixed things about IRS phone wait times and want to set aside enough time for the call. Also, it s'really reassuring to hear that the questions were specific to your actual financial history rather than generic fishing attempts. That s'exactly the kind of detail that helps distinguish legitimate requests from scams. Thanks again for taking the time to share such a thorough breakdown of your experience!
So I'm a part-time college student and I only work like 20 hours a week at a coffee shop. Last year I made about $8,700 total, and they take out taxes from each paycheck. I know I'm not making a lot of money, but I really need every dollar I can get for tuition and books. My roommate said that because I make under $10,000, I should get back all the federal taxes they took out when I file my return. Is this actually true? I've never really understood how the tax system works, and I just want to know if I can expect to get everything back or if I should be budgeting differently. Also, I was claimed as a dependent on my parents' taxes last year, but this year they aren't claiming me. Does that make any difference in whether I'll get all my taxes back?
Make sure you file a return even if you don't have to! Some people think if they make under the filing requirement they shouldn't file, but you NEED to file to get your withholding back. The IRS doesn't automatically send refunds if you don't file.
Just want to add something that might help - even though you'll likely get your federal income tax back, don't forget to keep track of all your education expenses! Tuition, required books, supplies, even some equipment for classes can qualify for education credits. The American Opportunity Tax Credit can give you up to $2,500 back (even if you had $0 withheld), and it's partially refundable, meaning you can get money back even beyond what was taken out of your paychecks. Since you're a college student, this could be a game-changer for your financial situation. Also, make sure to file your return as soon as you get your W-2 in January. The sooner you file, the sooner you'll get your refund, which sounds like it would really help with your tuition and book expenses!
Dmitry Petrov
Has anyone dealt with the practical aspects of getting ITINs for foreign members? I've found that to be one of the most time-consuming parts of the process.
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Ava Williams
The ITIN application process is definitely a pain. I recommend using a Certified Acceptance Agent rather than sending original documents to the IRS. The processing time was about 6-8 weeks when we did it last year, but it can vary. Make sure to apply well before tax filing deadlines!
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Fatima Al-Hashimi
One thing I haven't seen mentioned yet is the potential impact of tax treaties between the US and the foreign corporation's country of residence. If there's a favorable tax treaty in place, it could significantly reduce the branch profits tax rate or potentially eliminate it altogether. The standard branch profits tax is 30%, but many treaties reduce this to 5% or even 0% in some cases. Also, consider the timing of your ownership change carefully. If you make the switch mid-year, you'll need to file both a short-year partnership return (Form 1065) for the period with multiple members AND treat the remainder of the year as a disregarded entity/branch operation. This creates additional complexity and potential for errors. I'd strongly recommend consulting with a tax professional who specializes in international business structures before making this change. The compliance burden and potential penalties for getting foreign-owned entity reporting wrong can be substantial.
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Lucas Turner
For tax professionals specializing in international business structures, look for CPAs or Enrolled Agents with specific experience in international taxation. The AICPA offers a Certificate of Educational Achievement in International Taxation that's a good credential to look for. You might also want to find someone who's worked with clients from your specific foreign corporation's country, as they'll be familiar with the relevant tax treaty. For researching tax treaties, the IRS website has a comprehensive list of all US tax treaties with full text available. The Treasury Department also publishes technical explanations for most treaties that break down the key provisions in more understandable language. I'd specifically look at Article 10 (dividends) and Article 7 (business profits) sections of any applicable treaty, as these typically cover branch profits tax reductions. One more tip - if your foreign corporation's country doesn't have a favorable treaty with the US, you might want to consider structuring through an intermediate holding company in a treaty jurisdiction, though that adds complexity and needs careful planning to avoid anti-treaty shopping rules.
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Camila Jordan
For credentials, look for CPAs with international tax experience or Enrolled Agents who specialize in foreign-owned entities. The AICPA has specific designations like the Personal Financial Specialist (PFS) that often includes international planning experience. For tax treaty research, the IRS website has a comprehensive list of all US tax treaties at irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z. Each treaty document will specify the reduced branch profits tax rates. You can also check the Treasury Department's tax treaty documents for more detailed provisions. Another resource is the IRS Publication 901 "U.S. Tax Treaties" which provides an overview of treaty benefits. Just remember that treaty benefits often require specific elections and compliance procedures, so even if a favorable rate exists, you need to properly claim it through the right forms and documentation.
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