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Ethan Brown

Do I have to pay taxes on income received from abroad as a US citizen?

I'm a US citizen and recently helped my grandfather in Ecuador start a business. I wired him around $12,000 earlier this year. He's not a US citizen and lives permanently in Ecuador. The business is legally under his name, but he considers me a partial owner even though I'm not on any paperwork. His business has started to do really well, and he's mentioned he wants to wire me back my initial investment plus potentially some of the profits as a thank you. The money would come as wire transfers to my US bank account. I'm confused about the tax situation here. Since I don't technically own any part of his business (he's the sole proprietor on paper), and since he's already paying business taxes in Ecuador, do I need to pay US taxes when he sends me money? Would it be considered a gift? Or investment returns? I might also send him more funds if things continue going well, but I'm not providing any actual services or work - just the funding. Any advice would be appreciated as I want to make sure I'm handling this correctly with the IRS!

This is an important question since US citizens are taxed on their worldwide income. Here's how it breaks down: If your grandfather is paying you back your original investment, that portion isn't taxable - it's simply returning your principal. However, any additional money beyond your initial investment would likely be considered income and would be taxable in the US. This could be classified as investment income, even if you're not formally documented as a business owner. The IRS looks at the substance of arrangements, not just the form. If you're investing money and receiving returns based on business performance, they may consider you to have a beneficial interest in the business. If your grandfather frames some of the money as a gift, there could be different implications. He, as a non-US person, can gift you up to $100,000 annually without triggering US gift tax for you. But the IRS might question whether these are truly gifts or disguised income.

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Thanks for the detailed reply! So if I understand correctly, when I get my initial $12,000 back, that's not taxable. But if he sends me like $15,000 total, I'd need to pay taxes on that extra $3,000 as investment income? Also, how would I report this on my taxes? Would I need some kind of documentation from his business in Ecuador?

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Exactly - the return of your $12,000 investment would not be taxable, but the $3,000 beyond that would likely be considered taxable income. You would report this on Schedule B (for interest/dividends) or Schedule E (for partnership income) depending on how the arrangement is structured. Ideally, you should get documentation from your grandfather showing what portion is return of principal and what portion is profit. This could be a simple statement from the business. Keep records of your original wire transfer as proof of your initial investment. If the amounts become substantial, consulting with a tax professional who specializes in international taxation would be worthwhile.

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How does this work with foreign language documents? My situation is with family in Vietnam and everything is in Vietnamese. Would I need to translate everything first?

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Mei Liu

Something critical that hasn't been mentioned yet - you might need to file an FBAR (Report of Foreign Bank and Financial Accounts) if you have any financial interest in foreign accounts that exceed $10,000 at any point during the year. This includes accounts where you're considered to have signature authority. If you're considered to have an interest in your grandfather's business accounts (which sounds possible given your arrangement), you might need to file this form. The penalties for not filing can be really severe - like $10,000+ for non-willful violations.

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Wait, this sounds serious. I don't have signature authority on any accounts in Ecuador, but since I'm sending money and receiving profits, could that count as having a "financial interest"? How would I know if I need to file this FBAR thing?

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Mei Liu

The definition of "financial interest" can be broad. If you have an arrangement where you're entitled to profits from the business, the IRS might consider you to have a financial interest in the accounts, even without signature authority. The safest approach would be to consult with a tax professional who specializes in international reporting. But generally, if you're investing in a business and receiving returns based on performance, you likely have a financial interest. If the total of all foreign accounts you have an interest in exceeds $10,000 at any point in the year, you'd need to file the FBAR. You might also need to look into Form 8938 (Statement of Specified Foreign Financial Assets) depending on the amounts involved. These are separate from your tax return and have different filing requirements and deadlines.

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Curious if anyone knows - would it be better for the grandpa to just label all the money as "gifts" instead of business returns? Wouldn't that avoid all these tax issues?

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That approach could create more problems than it solves. The IRS looks at the substance of transactions, not just what you call them. If there's a pattern of you investing money and then receiving returns that correlate with business performance, relabeling them as "gifts" could be seen as tax evasion. While non-US persons can give gifts to US citizens without triggering gift tax for the recipient, unusual patterns of large gifts might trigger extra scrutiny. If audited, you'd need to prove these were genuine gifts with no expectation of return, which contradicts the investment arrangement described.

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