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This thread has been incredibly educational! I'm scheduled to receive my green card next month and I've been losing sleep over how to handle my foreign assets. I own several properties and investment accounts back home that have appreciated significantly over the past decade. Reading about the step-up basis rule is such a relief - I had assumed I'd be taxed on all gains from the original purchase dates. The fact that I only need to pay US taxes on appreciation after becoming a resident makes so much more sense from a fairness perspective. I'm definitely going to start gathering documentation now to establish fair market values around my green card approval date. Based on everyone's advice here, it sounds like I should get formal appraisals for my real estate and account statements from my brokers for the investment accounts. One thing I'm curious about - has anyone dealt with foreign business ownership in this context? I own a small business back home that I'll eventually need to sell. I'm assuming the same step-up basis principle would apply, but I imagine the valuation process for a private business might be more complex than real estate or public securities. Thanks to everyone who shared their experiences and the helpful resources - this community is amazing for navigating these complex immigration tax situations!
Foreign business ownership is definitely more complex, but the same step-up basis principle does apply! I went through this with a small manufacturing business I owned before immigrating. The key challenge is establishing fair market value for a private business, which typically requires a professional business valuation. You'll want to get a formal business appraisal from a certified valuer around your green card approval date. This is more involved than real estate appraisals since they need to analyze financials, market conditions, comparable transactions, etc. But it's absolutely worth it - in my case, the business had grown significantly over the years, so having the stepped-up basis saved me tens of thousands in capital gains taxes when I eventually sold. Also be aware that ongoing business ownership while being a US resident triggers additional reporting requirements (like Form 5471 for foreign corporations). The business valuation will also be useful for these annual filings. I'd recommend consulting with a tax professional who specializes in international business taxation - the complexity definitely warrants professional guidance beyond what the online tools can provide. Start the valuation process early since it can take several weeks to complete properly!
As someone who works in international tax compliance, I want to emphasize how important it is to get this right from the start. The step-up basis rule for new immigrants is one of the most beneficial provisions in the tax code, but it requires proper documentation. A few additional points that might help others in similar situations: 1. **Timing matters for residency determination** - If you were on a work visa before your green card, your tax residency likely started earlier under the substantial presence test. This could significantly impact your step-up basis date. 2. **Keep contemporaneous records** - While you can get appraisals after the fact, having documentation close to your actual residency date is much stronger. Bank statements, broker reports, or property tax assessments from around that time can all support your position. 3. **Consider professional help for complex situations** - While the online tools mentioned here are great for straightforward cases, if you have multiple foreign entities, rental properties, or business interests, the reporting requirements get complex quickly. Forms 3520, 5471, 8865, and others might be needed beyond just the capital gains reporting. 4. **State taxes vary** - Don't forget that your state might have different rules. Some states don't recognize the federal step-up basis adjustment for immigrants. The relief you're all expressing about this rule is completely understandable - it really does make the tax system much fairer for new Americans!
This is incredibly helpful information! As someone just starting to navigate this process, the point about state taxes potentially having different rules is something I hadn't even considered. Do you know if there's an easy way to check how my specific state handles the step-up basis for immigrants, or would I need to consult with a local tax professional? Also, regarding the substantial presence test - I'm realizing I might need to recalculate my residency start date. I was on an H-1B visa for about 14 months before getting my green card last month. Would my tax residency have started when I first arrived on the H-1B, or is there some calculation involved based on days present in the US? Thank you so much for breaking down all the different forms that might be needed - I had no idea about most of those beyond the basic Schedule D reporting!
This is a great learning thread! I'm facing a similar situation soon - considering selling some of my business equipment but haven't pulled the trigger yet. Reading through everyone's experiences here is really helpful. One thing I'm curious about - for those who've gone through this, how did you handle the timing? Emma mentioned the money hit her account last month, but I'm wondering if there are strategic timing considerations for when to actually complete the sale. Like, would it make sense to wait until early in a tax year vs late in the year to have more time to plan offsetting strategies? Also, has anyone here worked with a tax professional specifically for equipment sales like this? I'm wondering if the complexity justifies hiring someone beyond just using software or online services.
Great question about timing! From what I've learned lurking here, the timing can definitely matter for tax planning. If you complete the sale early in the tax year, you have more time to implement offsetting strategies like maximizing retirement contributions, harvesting investment losses, or making charitable donations before December 31st. However, you also want to consider your overall income for the year. If you're having a particularly high-income year already, it might make sense to push the sale to the following year if possible. As for tax professionals, given the complexity of depreciation recapture and the significant dollar amounts involved, I'd definitely recommend getting professional help. The cost of a good tax advisor will likely be a tiny fraction of what you could save (or lose) by getting the calculations wrong. Equipment sales involve some really specific rules that general tax software might not handle perfectly.
I'm dealing with something very similar right now - just sold my welding and fabrication equipment for $180k after running my business for 6 years. Like you, I didn't really think through the tax implications until after the fact. One thing I learned from my CPA is that you might want to consider making quarterly estimated tax payments for this year if you haven't already. Since this is such a large one-time gain, you could face underpayment penalties if you wait until next April to pay everything. Also, double-check your depreciation records carefully. I found some equipment that I had been depreciating on the wrong schedule, which affected my recapture calculations. The difference between 5-year and 7-year property depreciation schedules can be significant when you're calculating what gets recaptured. Are you planning to continue any business operations, or was this a complete exit? If you're staying in business, you might have opportunities to purchase new equipment before year-end that could help offset some of the tax impact through Section 179 deductions or bonus depreciation.
As someone who recently navigated the permanent resident tax filing maze, I can confirm that the International Taxpayer Services line (267-941-1000) mentioned by @NeonNebula is absolutely the way to go. I called the main IRS line five times over three weeks and kept getting transferred to departments that couldn't help with PR-1 specific questions. When I finally found the international line, the representative immediately understood my situation and walked me through the dual-status taxpayer requirements. They explained how to handle the transition period and which forms I needed based on when I actually became a permanent resident during the tax year. One additional tip: if you're dealing with any foreign bank account reporting (FBAR) requirements or have foreign assets, mention this upfront. They can address multiple international tax obligations in one call rather than having you contact different departments. The wait time on the international line was about 35 minutes when I called at 10 AM EST, which is significantly better than the 2+ hours I experienced on the general line. They also seemed much more patient and knowledgeable about the nuances of permanent resident tax situations. Good luck with your filing - the system is frustrating but once you reach the right people, they're actually quite helpful!
This is such valuable firsthand experience, @AaliyahAli! Your timeline really helps put things in perspective - knowing that the international line wait was only 35 minutes versus 2+ hours on the general line is a huge relief. The fact that they could handle multiple international obligations in one call is exactly what I was hoping for. I'm particularly interested in your mention of dual-status taxpayer requirements. I became a permanent resident mid-year and wasn't sure if I needed to file as a resident for the entire year or split it. Did they provide you with specific guidance on how to handle that transition period, or did they point you to particular forms/publications? The FBAR mention is also timely - I do have a foreign bank account that I've maintained since before becoming a PR, and I wasn't sure how that reporting changes with permanent resident status. It sounds like they can address both the tax filing questions and FBAR requirements together, which would save multiple calls. Thanks for sharing the specific timing too (10 AM EST) - that gives me a good target for when to call. After reading all these responses, I'm feeling much more confident about getting the right help through the proper channels!
For permanent residents specifically, I'd also recommend having your I-551 (green card) and any previous ITIN documentation ready when you call. The IRS representatives will often need to verify your immigration status timeline to provide accurate guidance. One thing I learned the hard way: if you previously filed with an ITIN and now have an SSN as a permanent resident, make sure to mention this transition upfront. The IRS needs to link your previous tax records to your new SSN, and this can significantly impact how they handle your current filing questions. Also, consider calling on Tuesdays or Wednesdays between 10 AM - 2 PM EST. Based on my experience with various government agencies, these tend to be lower-volume times compared to Mondays (everyone calling after the weekend) and Fridays (people trying to resolve issues before the weekend). The International Taxpayer Services line that others mentioned really is your best bet. When I called, I specifically said "I'm a new permanent resident with questions about dual-status filing requirements and need to speak with someone familiar with immigration-related tax changes." This seemed to get me routed to the right specialist immediately rather than going through multiple transfers. Document everything - date, time, representative name/ID, and get reference numbers for your calls. The IRS system isn't perfect, and having this information has saved me from having to re-explain my entire situation on follow-up calls.
This is incredibly thorough advice, @Rami Samuels! The ITIN to SSN transition point is something I hadn't even considered but makes total sense - I imagine that could create a lot of confusion in their system if not handled properly upfront. Your timing suggestion is really practical too. I've been calling randomly throughout the week and getting frustrated, but having a strategic approach to when I call (Tues/Wed 10 AM-2 PM EST) could make a huge difference. It's like there's a whole science to navigating government phone systems effectively! The documentation tip about getting reference numbers is gold. I've been taking notes but hadn't thought to ask for specific reference numbers from each call. That would definitely prevent having to start from scratch every time I need to follow up. One follow-up question - when you mentioned having I-551 ready, did they actually ask for specific information from the card (like the card number or issue date), or is it more about being able to confirm your permanent resident status and timeline? I want to make sure I have everything organized before I make the call. Thanks for sharing such detailed, actionable insights based on real experience. This thread has been incredibly helpful for understanding the best approach!
8 Has anyone else noticed that Square's transaction counting seems really inconsistent? I'm also under the 200 transaction threshold according to them, but I definitely had more individual customers than that. I'm wondering if they're counting batched payments differently.
10 Yeah, it's weird. I called Square support about this and they explained that if you use certain Square features like "Close Drawer" or if you process multiple payments at once through their system, it might count as fewer transactions. Also, their count is based on payment transactions, not individual customers or services provided. If you process a day's worth of cuts as a single batch, that's just one transaction in their system.
23 Just to clarify for everyone - the 1099-K threshold was actually supposed to change to $600 with NO minimum transaction count for 2022, but the IRS delayed implementing that change. They're sticking with the $20k AND 200 transactions rule for now, but be aware this will likely change in the future. When it does change, most of us with payment apps will get 1099-Ks even for much smaller amounts. So keep good records now and get in the habit of properly categorizing all your income. The IRS is getting more serious about payment app reporting.
17 Do you know if they've announced when that $600 threshold will actually take effect? I keep hearing different things. Is it for 2023 tax year (filing in 2024) or pushed back again?
The IRS has been pretty vague about the timeline, but last I heard they pushed it back again for 2023. They keep citing "implementation challenges" and wanting to avoid confusion. My accountant thinks it might not actually happen until 2024 tax year at the earliest, but honestly who knows at this point. The IRS seems to change their mind every few months on this. I'd just plan for it to happen eventually and keep detailed records regardless of what threshold is in place.
Miguel HernΓ‘ndez
Has anyone dealt with clients who opted in to PTE tax mid-year? My client made the election in October 2024 for the 2024 tax year, but we had already been making quarterly distributions based on prior treatment. Trying to figure out how to retroactively adjust those distributions in the books vs. tax treatment.
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Sasha Ivanov
β’We've handled this by treating it as a reclassification of prior distributions rather than a new distribution. So the quarterly distributions stay the same from a cash flow perspective, but on the final financials, you reclass the appropriate portion as "PTE tax" rather than "distributions" for the full year presentation. Then follow the same M-1/M-2 treatment others described above.
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Ashley Simian
This is exactly the type of complex book-tax difference that trips up even experienced practitioners! I've been dealing with similar PTE tax issues across multiple states this season. One thing I'd add to the excellent advice already given - make sure you're documenting the treatment clearly in your workpapers. I create a separate schedule that shows the flow: 1) Book treatment (distribution), 2) Tax treatment (deduction), 3) M-1 adjustment (add back), 4) M-2 offset (other addition to AAA). This helps during reviews and if you ever get questioned. Also, don't forget to consider the impact on each shareholder's basis calculations. The PTE tax deduction flows through and increases their basis, while the book distribution treatment doesn't affect basis at all. So you need to make sure the K-1 preparation reflects the tax treatment, not the book treatment, for basis purposes. For states like California and New York that have different timing rules for the PTE tax election, this gets even more complicated. Each state may require slightly different book-tax reconciliation approaches.
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Julian Paolo
β’This is really helpful documentation advice! I'm definitely going to start creating that separate schedule you mentioned. Quick question - when you say the PTE tax deduction increases shareholder basis, does this apply even when the entity treated it as a distribution for book purposes? I want to make sure I'm not missing something on the K-1 flow-through effects. Also, do you have any experience with how this interacts with debt basis for shareholders who have loans to the S-corp? I'm wondering if the deduction increasing basis could affect the order of basis restoration.
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