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One important thing nobody's mentioned yet - if you use the physical presence test, you need to file Form 2555 with your tax return. Make sure you fill out Part III (Physical Presence Test) completely, not Part II (Bona Fide Residence Test). Also, remember that the FEIE only applies to earned income (salary, wages, self-employment), not investment income. And the max exclusion for 2022 was $112,000, but it's prorated if your qualifying period doesn't cover the whole year.
Does rental income from US property count as earned income for the FEIE? I have a house I'm renting out back in the states while I'm living abroad.
No, rental income from US property would not qualify for the Foreign Earned Income Exclusion. Rental income is considered passive income, not earned income, so it doesn't meet the requirements for FEIE regardless of where you're living when you receive it. You'll still need to report that rental income on your US tax return and pay taxes on it normally. The FEIE only applies to compensation for personal services - things like salary, wages, professional fees, or business income from active participation in a trade or business.
For your 2022 situation, the physical presence test is definitely your best option since you moved abroad mid-year. You'll need to count 330 full days in any 12-month period - I'd suggest using March 3, 2022 to March 2, 2023 as your qualifying period. A few key things to watch out for: travel days to/from the US don't count as full days abroad (you need to be outside the US for the entire 24-hour period), but partial days at the beginning/end of your qualifying period can count if you were already abroad or stayed abroad. Since you mentioned taking vacations and visiting the US twice, make sure to carefully count those US days. Even if you went over the 35-day limit for US presence, you can still qualify as long as you have 330 full days outside the US within your chosen 12-month period. For 2022, your exclusion will be prorated based on how many days of your qualifying period fall within the tax year. So if your qualifying period is March 3, 2022 - March 2, 2023, you'd get about 304 days worth of the $112,000 exclusion for 2022 (roughly $93,400 max exclusion). Document everything well - keep all travel records, passport stamps, and proof of your Netherlands residence!
This is exactly what I needed to hear! The prorated calculation makes so much sense now - I was getting confused trying to figure out if I could claim the full $112,000 or not. Your March 3, 2022 to March 2, 2023 suggestion is perfect since that's exactly when I moved. Quick question about the travel days - when you say travel days to/from the US don't count, does that mean if I flew out of Amsterdam on a Friday morning and landed in New York Friday evening, that Friday wouldn't count toward my 330 days? Even though I was physically outside the US for part of that day?
Has anyone tried Credit Karma Tax (now Cash App Taxes)? It's completely free and claims to support Form 1116, but I'm worried it might miss something with foreign income.
DO NOT use CashApp Taxes for foreign income! Learned this the hard way last year. It technically has Form 1116 but doesn't guide you properly. I ended up with errors in my foreign tax carryover calculation and had to file an amended return. Stick with TurboTax or one of the specialized options others mentioned.
I've been in a similar boat with cross-border tax situations! Based on my experience, TurboTax Deluxe should handle your situation well since you have straightforward wage income. The Foreign Tax Credit section walks you through Form 1116 step by step, and yes, it will prompt you for any carryover amounts from previous years. One tip: make sure you have your foreign tax documents translated if they're not in English, and keep records of the exchange rates used. TurboTax will use IRS published rates, but having your own documentation helps if there are any questions later. For penalty calculations, the software is pretty good at figuring out underpayment penalties based on when you made estimated payments throughout the year. Since you mentioned the cost was a major factor in wanting to DIY this year - TurboTax Deluxe runs around $60-80 depending on promotions, which is obviously much better than $650! Just take your time with the foreign income sections and double-check everything before filing.
This is really helpful! I'm also dealing with foreign income for the first time and the translation requirement is something I hadn't thought about. Do you know if there's a specific format the IRS requires for document translations, or is a certified translation service sufficient? Also, when you mention keeping records of exchange rates - did you use the daily rates from when you received each paycheck, or is using the annual average rate that the IRS publishes acceptable for most situations?
This thread has been incredibly helpful! I'm dealing with a similar situation where my former employer is demanding repayment of a $30k signing bonus (gross amount) even though I only received about $22k after taxes. Based on what everyone's shared here, it sounds like since I'm repaying in the same tax year, they should only be asking for the net amount. I'm going to reference Revenue Ruling 79-311 and IRS Publication 15 when I talk to their tax department. One question though - has anyone had success getting their employer to put the corrected repayment calculation in writing? I want to make sure there's a paper trail showing they agreed to the net amount so there are no issues when I file my taxes next year. Also, for those who used the various services mentioned (taxr.ai, Claimyr), did you find them worth the cost? I'm trying to decide if I should invest in getting professional guidance or if the IRS publications and revenue rulings are sufficient to make my case.
Absolutely get everything in writing! I learned this the hard way with a previous employer who verbally agreed to one thing but then tried to change it later. Send an email after your conversation summarizing what was discussed and ask them to confirm the details in writing. Regarding the services mentioned - I haven't used them personally, but from what others have shared, they seem most valuable if you're dealing with a particularly stubborn employer or complex situation. If your employer's tax department is willing to work with you once you reference the proper IRS publications, you might not need additional help. One thing I'd add - make sure to ask how they'll handle the W-2 reporting. They should be able to explain exactly how they'll adjust your year-end tax documents to reflect the repayment. This will be important when you file your taxes to make sure everything matches up correctly.
I'm a CPA and want to add some clarity to this discussion. The key issue here is timing and proper tax reporting. For same-year repayments (which is your situation), your employer should indeed only request the net amount you received. This is because they can make what's called a "correcting entry" to their payroll records before year-end, essentially treating the bonus as if it was never paid. They recover the tax withholdings directly from the government when they file their quarterly payroll tax returns. However, I've seen many employers get this wrong because their payroll departments don't understand the distinction. Here's what I recommend: 1. Request a meeting with their tax/accounting department (not HR) 2. Reference IRS Revenue Ruling 79-311 and Publication 15, Section 13 3. Ask them to explain their "correcting entry" process for the W-2 adjustment 4. Get their revised calculation AND the process explanation in writing If they still refuse, you might consider filing a complaint with your state's department of labor, as demanding repayment beyond what you actually received could violate wage and hour laws in some states. The bottom line: you should only repay what actually hit your bank account when the repayment occurs in the same tax year as the original payment.
Thank you for this detailed explanation! As someone who's been confused by all the conflicting information I've gotten from my former employer, having a CPA break down the actual process is incredibly helpful. One follow-up question - you mentioned that employers can make a "correcting entry" before year-end. Does this mean there's a specific deadline by which they need to process the repayment and make these adjustments? My employer is saying they need a few weeks to "review their process" but I'm worried they might drag this out past some important tax deadline. Also, when you mention filing a complaint with the state department of labor, would that be something to consider if they continue demanding the gross amount even after being shown the relevant IRS publications? I'm hoping it doesn't come to that, but want to understand my options if they won't cooperate.
I'm dealing with a somewhat similar situation - discovered a forgotten Coverdell ESA at age 29, just under the wire! After researching this extensively, I can confirm that changing the beneficiary to your daughter is absolutely the right move. One thing I learned that might help: the IRS doesn't automatically track when Coverdell ESAs hit the age 30 deadline unless there's a triggering event (like a distribution or beneficiary change). So the fact that you're 32 doesn't necessarily mean you're already in trouble - many forgotten accounts just sit there until someone takes action. When you contact the financial institution, ask specifically about their "abandoned account" procedures. Some institutions have been known to automatically distribute forgotten Coverdells after age 30, but others just let them sit indefinitely. Understanding their specific policy will help you know if there's any urgency beyond just wanting to get this resolved. Also, once you change the beneficiary to your daughter, consider setting up automatic statements or alerts so this doesn't happen to the next generation! It's amazing how these accounts can just disappear from family knowledge. The $12,500 is going to be an incredible gift for your daughter's education - your grandparents' thoughtfulness will continue benefiting your family for years to come.
This is such valuable insight about the IRS not automatically tracking the age 30 deadline! That actually makes me feel a lot better about my situation. I'm definitely going to ask about the "abandoned account" procedures when I call - that's a really smart question I wouldn't have thought of. Your point about setting up alerts for the next generation is spot on too. It's crazy how these accounts can just vanish from family memory, especially when the original account holders pass away. I'm thinking I should also document this whole process and keep it with my important papers so if anything happens to me, my daughter will know about this account when she's older. Quick question - when you were researching this at 29, did you find any specific IRS publications or resources that were particularly helpful? I want to make sure I'm fully informed before I make the call to change the beneficiary. Thanks for sharing your experience - it's really reassuring to hear from someone who went through something similar!
I'm really glad I found this thread - I'm actually in a very similar situation! I discovered a forgotten Coverdell ESA from my aunt when I turned 31 last year, and like you, had absolutely no idea it existed until I was going through some old documents. From my experience dealing with this, changing the beneficiary to your daughter is definitely the way to go. I changed mine to my nephew and it was surprisingly straightforward - took about 3 weeks total. The financial institution (Fidelity in my case) was actually really helpful and walked me through the whole process. One thing I'd add that I haven't seen mentioned yet: make sure to ask about any account maintenance fees that might have been eating into the balance over the years. My account had been charging $25 annually for "dormant account fees" that I was able to get refunded once I reactivated it. With $12,500, you might have lost some value to fees too. Also, don't beat yourself up about not knowing about it earlier. Apparently this is more common than you'd think - the customer service rep told me they handle several "rediscovered" education accounts every month. Your grandparents probably thought someone else in the family would mention it to you, or maybe they intended to tell you when you got older but unfortunately passed away before that happened. The good news is your daughter is going to have an amazing head start on her education savings thanks to your grandparents' foresight!
That's such a great point about the dormant account fees! I hadn't even thought about that, but it makes total sense that fees could have been eating away at the balance over the years. Definitely going to ask about this when I call - getting those fees refunded could add a nice chunk back to the account. It's also really comforting to hear that this situation is more common than I thought. I've been feeling pretty guilty about not knowing about this account for so long, especially since my grandparents put their hard-earned money into it for me. Your point about them probably assuming someone else would mention it really resonates - there was definitely some miscommunication in my family after they passed away about their various financial arrangements. Thanks for sharing your experience with the timeline too. Three weeks sounds very reasonable, and knowing that Fidelity was helpful gives me confidence that most institutions are probably pretty experienced with these situations. I'm feeling much more optimistic about getting this resolved quickly and properly for my daughter's benefit. Your story really drives home how these forgotten accounts can turn into such unexpected gifts for the next generation. My grandparents would probably be thrilled to know their savings is going to help with their great-granddaughter's education!
Keisha Williams
I think everyone's overcomplicating this. I've been in this exact situation a few times, and here's what I did: just file the 1099 using "000-00-0000" for now, then later file an amended/corrected 1099 once they get their ITIN. The most important thing is to show you're making the effort to report all payments properly.
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Sofia Morales
β’This is actually incorrect advice that could result in penalties. Using "000-00-0000" or any made-up number on a tax form is considered invalid and potentially fraudulent. The IRS systems will flag this immediately. The correct approach is to mark "Applied For" on the W-9, implement backup withholding at 24%, and then file a corrected form when the actual ITIN is received.
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Adriana Cohn
I went through this exact situation last year and want to add some practical tips that helped me avoid mistakes. First, document EVERYTHING - keep copies of the W-9 with "Applied For" written in the TIN field, records of when your contractor applied for their ITIN, and all correspondence about the backup withholding. Second, when you start the 24% backup withholding, make sure to issue your contractor a written notice explaining why you're withholding and that it's required by law. This protects both of you if there are questions later. One thing that caught me off guard was that you need to deposit the withheld taxes using Form 8109 or EFTPS just like regular payroll taxes - you can't just hold onto the money until year-end. The IRS expects these deposits on their normal schedule. Also, keep in mind that once your contractor gets their ITIN and provides a corrected W-9, you can stop the backup withholding going forward, but you'll still need to issue the 1099-NEC showing both the total payments and the amount withheld for backup withholding.
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