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This is such a comprehensive discussion! As someone who works in tax preparation, I wanted to add a few practical considerations that might help with your decision-making process. First, don't forget about state-specific implications. Some states have community property laws that can affect how income and assets are treated even if you're not married, while others have significant state-level marriage penalties or bonuses that can dwarf the federal differences. Second, if you do decide to get married, consider the timing of major financial decisions in that first year. Things like retirement account contributions, FSA elections, and even job changes can have different tax implications when your filing status changes mid-stream. Finally, I'd suggest documenting your decision-making process and revisiting it annually. Tax law changes, income changes, and life circumstances evolve. What makes sense financially this year might not make sense in two years, and that's okay! Having a clear framework for re-evaluating helps take the emotion out of what can feel like a permanent decision. The fact that you're approaching this thoughtfully and considering both the emotional and financial aspects suggests you'll make the right choice for your specific situation. Good luck with whatever you decide!
Thank you for this professional perspective! The point about state-specific implications is really important - I hadn't considered how community property laws might affect us even while unmarried. We're in California, so I should definitely look into how that works here. Your suggestion about documenting the decision-making process is brilliant. It makes so much sense to treat this as something we can revisit rather than a one-time permanent choice. With all the variables that could change (income, tax law, family situation), having a framework to re-evaluate annually seems much more practical than trying to make the "perfect" decision once and stick with it forever. One quick question - when you mention timing major financial decisions in that first married year, are there specific things we should avoid doing right after getting married, or things we should make sure to do before December 31st if we decide to marry? I want to make sure we don't accidentally create any unwanted tax consequences if we do decide to go ahead with it.
As a tax professional, I'd recommend running through a comprehensive checklist before making this decision. Beyond just the annual tax implications, consider these factors: 1. **Estate planning impact** - Marriage provides automatic inheritance rights and unlimited marital deduction for estate taxes. Without marriage, you'd need extensive legal documents to replicate these protections. 2. **Social Security benefits** - Spousal and survivor benefits can be substantial. Even if you're young now, this could mean tens of thousands in retirement income. 3. **Healthcare considerations** - Beyond just accessing each other's insurance, marriage gives you automatic rights to make medical decisions and access FMLA benefits for caring for each other. 4. **Child custody protections** - If something happens to the biological parent, the unmarried partner has no automatic custody rights to children they've been raising. 5. **Credit and debt implications** - Marriage can affect your credit profiles and makes you potentially liable for each other's debts in some circumstances. I'd suggest creating a spreadsheet that weighs the annual tax differences against these longer-term financial and legal protections. Often, the peace of mind and automatic legal protections of marriage outweigh modest tax penalties, especially when children are involved. The tax code changes frequently, but those fundamental legal protections remain consistent.
Your volunteer should also consider requesting penalty relief from the IRS due to "reasonable cause." Since the nonprofit failed to provide proper tax documentation for years, this could qualify as reasonable cause for late filing/payment of taxes. The IRS has procedures for penalty abatement when taxpayers can demonstrate they relied on incorrect or missing information from third parties. I'd strongly recommend your volunteer document everything - when they started receiving the stipend, any communications (or lack thereof) about tax responsibilities, and when they first learned about needing to report this income. This documentation will be crucial if they need to request penalty relief. Also, they should ask the nonprofit to provide a letter explaining their failure to issue timely 1099s and acknowledging their mistake. Having the organization admit fault in writing could be very helpful for penalty abatement requests. The volunteer might also want to consult with a tax professional about whether this stipend arrangement constitutes a true independent contractor relationship or if they were actually functioning as an employee, which could shift some tax burden back to the nonprofit.
This is excellent advice about documenting everything and requesting penalty relief. I wanted to add that when your volunteer is gathering documentation, they should also keep records of any volunteer hours they put in beyond what the stipend covered. If they can show they were doing significantly more work than what $5,500 annually would reasonably compensate for, it might help support the argument that this was truly volunteer work with a modest stipend rather than regular employment income. Also, regarding the nonprofit providing a letter acknowledging their mistake - this is crucial. The letter should specifically state that they failed to inform the volunteer of tax reporting requirements and failed to issue required tax documents in a timely manner. This kind of third-party acknowledgment can be very persuasive when requesting penalty abatement from the IRS. One more thing to consider: if the volunteer has been filing tax returns for those years but just omitted this income, they'll need to file amended returns (Form 1040X) for each affected year. But if they haven't been filing returns at all, they'll need to file original returns for each year, which is a different process entirely.
This is a really tough situation, and I feel for your volunteer. One thing that hasn't been mentioned yet is that they should check if the nonprofit is a 501(c)(3) organization and whether this stipend might qualify as a "nominal" volunteer payment under IRS rules. Some payments to volunteers can be excluded from taxable income if they meet specific criteria - though $5,500 annually probably exceeds the "nominal" threshold. Another important consideration: if your volunteer decides to file amended returns for multiple years, they should be strategic about the order. Start with the most recent years first since those are most likely to be scrutinized, and work backwards. This also helps because if there are any refunds due (from additional deductions or credits they might have missed), those need to be claimed within 3 years of the original due date. The volunteer should also ask the nonprofit about their filing intentions - are they planning to submit these 1099s to the IRS retroactively, or just providing copies to the volunteer? This makes a huge difference in terms of IRS scrutiny and potential audit risk. Lastly, if the financial burden is truly overwhelming, the volunteer might qualify for Currently Not Collectible status with the IRS while they sort this out, which would temporarily pause collection activities. This buys time to work out a proper resolution without immediate financial pressure.
This is really helpful information about the strategic filing order and Currently Not Collectible status! I hadn't thought about asking the nonprofit whether they're actually submitting these 1099s to the IRS or just providing copies. That's a crucial distinction. Regarding the "nominal" volunteer payment threshold - you're absolutely right that $5,500 annually would likely exceed what the IRS considers nominal. From what I understand, the IRS generally considers payments under $600 per year as potentially nominal, but even then it depends on the specific circumstances and nature of the volunteer work. The Currently Not Collectible status suggestion is particularly valuable given that this volunteer is on a limited income. Even if they end up owing taxes, having breathing room to properly address the situation without immediate collection pressure could make all the difference in their ability to handle this financially and emotionally. I'm curious - do you know if there are specific documentation requirements for requesting Currently Not Collectible status? Would the volunteer need to provide detailed financial statements or just demonstrate that paying the tax debt would create undue hardship?
Does anyone know what happens if I just dissolve this foreign corporation without filing a final non-dormant 5471? I'm in a similar situation - keep paying to file forms for a dormant company because I'm afraid of the headache of dissolution. But it's been dormant for 8 years now - wondering if I can just let it go and stop filing.
Don't do that! I tried something similar and got hit with a $10,000 penalty for failure to file the final 5471. The IRS is extremely serious about these international forms. You need to properly dissolve it and file the final forms correctly.
@Statiia Aarssizan is absolutely right - DO NOT just abandon the corporation without proper dissolution. The IRS treats missing final 5471s very seriously, and the penalties can be devastating. I've seen people get hit with penalties ranging from $10,000 to $60,000 for failure to file final forms. The proper dissolution process requires filing a final 5471 that's NOT dormant status, which means you'll need to complete more schedules and provide detailed information about the dissolution. It's more complex than the dormant filings you've been doing, but it's absolutely necessary to avoid massive penalties. If you've been successfully filing dormant 5471s for 8 years, you might want to consider just continuing that until you're ready to handle the dissolution properly. The cost of professional help for the final dissolution filing is much less than the potential penalties for not filing at all.
I've been dealing with a similar situation for the past 6 years with a dormant UK subsidiary. What finally convinced me to try doing it myself was realizing that my CPA was literally just copying the same information year after year - basically charging me $750 to update dates on an identical form. For anyone hesitant about the DIY approach, I'd recommend starting by comparing your last few years of filed 5471s. If they're nearly identical (which they should be for truly dormant entities), that's a good sign the form is straightforward enough to handle yourself. One thing I learned the hard way - make sure you're crystal clear on what "dormant" actually means to the IRS. My corporation had a small bank account that earned like $12 in interest one year, and I almost filed it as dormant when technically it wasn't. The interest income, even though tiny, would have made it non-dormant for that year. Caught it just in time after doing more research. The peace of mind from understanding exactly what you're filing (rather than just trusting someone else did it right) has been worth the effort for me.
That's a really good point about the interest income! I hadn't thought about that - my dormant corporation also has a small bank account that probably earns a few dollars in interest each year. I've been filing it as dormant, but now I'm wondering if I should double-check those interest statements. Do you know what the threshold is for when interest income would make it non-dormant? Even $12 seems like it should still qualify as dormant in the grand scheme of things, but I guess the IRS probably has specific rules about this.
Another option you might not have considered: look into foreign preferred shares or certain types of ADRs that pay higher dividends than common shares. They sometimes have significantly higher yields than regular dividend stocks. Also, have you looked into foreign royalty trusts? Some Canadian and Australian royalty trusts focus on natural resources and pay significant distributions that are considered passive income. I'd be careful with directly buying on foreign exchanges though - the forex fees and extra paperwork might eat into your gains. Sometimes you can get similar exposure through US-listed securities that still qualify as foreign source income.
Do foreign royalty trusts really count as passive income for Form 1116? I thought those might fall under the general limitation category instead since they're tied to business operations?
Great discussion here! I've been dealing with foreign tax credit carryovers myself and wanted to add a few insights from my experience. One strategy that's worked well for me is focusing on foreign government bonds or sovereign debt funds. Many developed countries' government bonds are available through US brokers and generate foreign source interest income that clearly falls under the passive category. The yields might be lower than stocks, but it's predictable foreign passive income. Also, regarding your question about creative strategies - have you considered foreign closed-end funds trading at discounts? When they distribute capital gains or dividends, those are typically foreign source. Plus, if you buy at a discount and the discount narrows, you get additional capital appreciation. One word of caution based on my mistakes: keep meticulous records of your foreign transactions, especially the dates and exchange rates. The IRS gets very particular about the currency conversion calculations on Form 1116, and having clear documentation saved me during an audit a few years back. The 10-year carryover window does create urgency, but don't let it push you into investments you're not comfortable with. Foreign passive income is great, but not at the expense of sound investment principles!
This is really helpful advice! I'm curious about the foreign government bonds approach - do you have any specific recommendations for countries or bond funds that have worked well for you? I'm particularly interested in the sovereign debt funds you mentioned since that sounds like it could provide more diversification than individual country bonds. Also, your point about the audit and currency conversion records is a bit scary but good to know. When you say "meticulous records," are you talking about just keeping the trade confirmations, or do you need to document the specific exchange rates used for each transaction? I've been somewhat casual about this and now I'm worried I might be setting myself up for problems.
Eli Butler
Everybody is complicating this. The simplest fix is: 1. Both of you fill out new W4s 2. Skip the multiple jobs worksheet altogether 3. Figure out how much EXTRA you need withheld for the year 4. Divide that by # of paychecks your SPOUSE gets annually 5. Put THAT amount in Box 4(c) of SPOUSE'S W4 only 6. Leave your W4 simple with just the basic info This way, the extra withholding comes from the bigger paycheck where it won't hurt as much. My husband makes 6 figures and I make $40k and this method worked perfectly for us.
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Marcus Patterson
ā¢But how do you figure out "how much EXTRA you need withheld for the year" without the worksheet or calculator? That's the hard part!
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Liam McGuire
ā¢You can estimate it using last year's tax return as a starting point. Look at your total tax liability from last year, then estimate what would be withheld this year based on both your current incomes using just the basic W4 info (no worksheets). The difference is roughly what you need to add. For example, if your combined tax liability should be around $80k for the year, but your regular withholding would only be $65k, then you need about $15k extra. Divide that by your spouse's number of paychecks (26 if biweekly) and put about $577 in box 4(c) of their W4. It's not perfect, but it gets you close enough that you won't owe a huge amount or get massively overwitheld. You can always adjust mid-year if needed.
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Angelica Smith
I went through this exact same frustrating situation last year! The issue is that when you have such a large income gap, the W-4 system assumes your small paycheck needs to be taxed at your spouse's marginal rate to account for your combined income. Here's what finally worked for me after months of trial and error: 1. Submit a new W-4 for yourself using ONLY the basic information (Steps 1, 3, and 5). Don't use any worksheets or check any boxes in Step 2. 2. Have your spouse submit a new W-4 and use the multiple jobs worksheet on THEIR form instead. Since they make $380k, the additional withholding won't devastate their paycheck like it did yours. 3. If you're still not withholding enough (you can estimate this from last year's return), have your spouse add a small amount in Step 4(c) rather than using the worksheet. The key insight is that the total withholding amount will be the same regardless of which paycheck it comes from, but taking it from the larger paycheck makes it much more manageable. Your weekly vs. biweekly pay schedules don't matter for this approach. I wish someone had told me this simple solution months earlier - it would have saved me so much stress!
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Sophia Gabriel
ā¢This is such helpful advice! I'm new to dealing with W4s as a married couple and was completely confused by all the worksheets. Your step-by-step breakdown makes it so much clearer - especially the point about the total withholding being the same regardless of which paycheck it comes from. I never thought about it that way! Quick question - when you say "estimate from last year's return" in step 3, are you looking at the total tax line or something else specific? We're newlyweds so this is our first year filing jointly and I want to make sure I'm looking at the right number.
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