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Nora Brooks

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Careful with Mexican tax authorities! They've gotten much more strict in recent years. My friend is a permanent resident there and thought he only needed to report Mexican income, but got hit with a huge penalty for not declaring his US pension and rental properties. If your mom decides to use the "non-domiciled" approach mentioned above, make sure she has VERY clear documentation proving her stronger ties to the US. They look at factors like where family lives, where most valuable property is, main source of income, etc.

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Eli Wang

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This is scary. Did your friend eventually get it resolved? I'm in a similar situation and worried now. I have permanent residency in Mexico but all my retirement income comes from the States.

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Ethan Moore

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This is such a complex situation that affects so many Americans with ties to Mexico! I've been dealing with similar issues as a US citizen who recently got permanent residency in Mexico. One thing I learned the hard way is that timing matters a lot for when you become a Mexican tax resident. The rules changed in recent years - now if you have permanent residency status, you're generally considered a Mexican tax resident regardless of how many days you spend there, unlike the old 183-day rule. For your mom's situation, I'd strongly recommend getting clarity on her exact tax residency status in Mexico BEFORE she starts earning rental income there. It's much easier to plan the structure correctly from the beginning than to fix it later. Also, don't forget about FBAR reporting requirements in the US if she opens Mexican bank accounts for the rental property. Any foreign financial accounts over $10,000 need to be reported to FinCEN, and the penalties for missing this are severe. The Mexican tax system can be quite different from what we're used to in the US - things like how depreciation works, what expenses are deductible, and timing of when income is recognized. Having both a good Mexican accountant AND a US accountant who understands international issues is really worth the investment.

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This is really helpful, especially the point about timing and planning ahead. I had no idea about the FBAR requirements - that's definitely something we need to look into since she'll likely need Mexican bank accounts for the rental property. You mentioned that having permanent residency automatically makes you a Mexican tax resident now regardless of days spent there. Does this mean the old strategy of spending less than 183 days in Mexico to avoid tax residency no longer works for permanent residents? That could completely change how we approach this situation. Also, do you know if there are any specific rules about how rental income depreciation is handled differently between the two countries? I'm worried about situations where Mexico might not allow the same depreciation schedule as the US, creating timing differences in when income is recognized.

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Alfredo Lugo

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Has anyone dealt with rental income specifically across borders? I'm wondering about vacation rental platform payments (like Airbnb) - does it matter if the payments go to a US bank account vs Mexican account? Does that change where the income is considered sourced from?

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Sydney Torres

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In my experience, the source of rental income is based on where the property is located, not where the payments are received. If the property is in Mexico, the income is Mexican-sourced regardless of whether Airbnb deposits it in a US or Mexican bank account. That said, having the money flow into a Mexican account can simplify things for Mexican tax reporting. It also helps with currency conversion documentation since you won't have to explain exchange rates for each transaction.

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This is such a helpful thread! I'm dealing with something similar for my sister who just got her Mexican permanent residency but still works remotely for a US company. One thing I learned from our tax attorney is that the timing of when your mom establishes her tax residency status in Mexico matters a lot. If she files the declaration for US primary tax residence early in the tax year, it can help avoid complications later. Also, since she's starting the vacation rental next year, now would be a perfect time to set up proper record-keeping systems for both countries. The Mexican tax authority is getting much more sophisticated about cross-referencing rental platform data (Airbnb, VRBO, etc.) with tax filings. Having clean books from day one will save headaches later. For the rental property specifically, make sure she understands the depreciation rules in both countries - they're calculated differently and this can affect her overall tax strategy significantly.

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Ryan Andre

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This is really valuable advice about timing! I hadn't thought about the depreciation rules being different between countries - that could definitely impact the overall tax picture significantly. Do you happen to know if there are any specific deadlines for filing that tax residency declaration in Mexico? And regarding the depreciation differences, is it something where she'd need to maintain separate depreciation schedules for each country's tax purposes? The record-keeping point is spot on too. Better to start organized from the beginning rather than trying to reconstruct everything later when tax time comes around.

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Sofia Torres

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Great question about the deadlines! From my understanding, the tax residency declaration should ideally be filed by the end of February following the tax year in question, but it's best to file it as early as possible in the year to establish clear status from the beginning. Yes, she'll likely need to maintain separate depreciation schedules for each country. The US typically uses MACRS depreciation for rental properties (27.5 years for residential), while Mexico has its own depreciation rates and methods that can be quite different. This means the same property could have different book values for tax purposes in each country by the end of any given year. @cd137fb298ed - do you know if there are any specific forms or documentation requirements for that initial tax residency declaration? I want to make sure we don't miss anything important when helping Emma's mom set this up properly. The timing aspect really can't be overstated. Getting ahead of this before the rental income starts flowing will make everything much smoother down the road.

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Kai Santiago

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I'm confused about something - if we're paying our state taxes anyway, why does it matter whether we can deduct them or not? Like we still have to pay them either way right? Sorry if this is a dumb question, I'm new to this tax stuff.

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Lim Wong

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Not a dumb question at all! The deduction matters because it reduces your federal taxable income. Let's say you pay $40,000 in state taxes. With the $10,000 SALT cap, you can only deduct $10,000 of that from your federal taxable income. But if the cap expires, you could deduct the full $40,000, which means you're paying federal tax on $30,000 less income. If you're in the 35% federal bracket, that's a savings of about $10,500 ($30,000 Γ— 35%). So yes, you still pay the state taxes either way, but the question is whether the federal government lets you reduce your federal taxes based on what you paid to your state.

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Anita George

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This is such an important topic that doesn't get enough attention! I've been dealing with this exact situation in Massachusetts where our state income tax plus property taxes put us way over the $10k SALT cap. One thing I'd add to the discussion is that even if the SALT cap expires as scheduled, there's no guarantee it won't come back in some form. The revenue loss from unlimited SALT deductions is significant - around $80 billion annually according to some estimates. Given federal budget pressures, I wouldn't be surprised if we see some kind of compromise, maybe a higher cap like $25k instead of unlimited deductions. For planning purposes, I'm assuming the best case scenario (full expiration) but also preparing for the possibility that some limitation remains. It's worth running projections for both scenarios, especially if you're making decisions about major purchases or timing of deductible expenses.

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Tax implications of receiving Rule 144 restricted stock as board compensation

I need some tax advice about my wife's situation with restricted stock. She recently joined a board of directors for a company and they gave her shares of stock (I assume as payment for her board work, though nobody actually said that directly). The stock is restricted under Rule 144, but there don't seem to be any vesting requirements from what we can tell. Here's what the broker statement shows: * Position Type: BK * Number of Shares: 40,172,197.50 * Security Type: Common * Description: Common Stock * Issue Date: 8/24/2023 * Cost Basis per Share: $0.001 I've been searching everywhere online but can't figure out if we need to pay income tax on this stock now (even though it's restricted and we can't sell it yet because of Rule 144) or if we don't owe anything until we actually sell it (or until the restrictions expire). The company keeps telling us we don't owe taxes until we sell, but everything I'm reading makes me doubt that. If we do have to pay taxes before selling, I'm trying to figure out how much. The stock value is super low right now (basically the minimum possible), but since there are so many shares, the total tax bill could be significant. Is it possible the shares were worth $0 when given to my wife, which would mean no income tax is due? Sorry if I'm missing important details - I can provide more info if needed. We're also wondering what additional questions we should ask the company. They haven't been very helpful or knowledgeable about this whole thing. Thanks for any guidance!

Based on the details provided, I think the company may be confusing Rule 144 restrictions with vesting restrictions. These are two completely different things: 1. Rule 144 restrictions only limit when and how you can SELL the shares (mainly applies to company insiders and large shareholders) 2. Vesting restrictions determine when you actually OWN the shares for tax purposes If there are no vesting restrictions (sounds like there aren't), then your wife likely owns the shares outright from day one, and the Rule 144 restrictions only prevent immediate resale. In this case, the value of the shares would be taxable income when received. The $0.001 per share valuation seems suspiciously low. Is this a startup? Has there been a recent valuation? If the company has had outside investment or other share transactions at higher prices, the IRS could potentially challenge this valuation.

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Yes, it's a small startup that hasn't had any major funding rounds yet. The $0.001 seems to be the par value they assigned when creating the company. I think you're right about them confusing Rule 144 with vesting - that would explain why they keep saying we don't owe taxes yet. Do we need to be concerned about this ultra-low valuation being challenged by the IRS? And does the company have any obligation to issue a 1099 with the correct value?

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For startups without recent funding rounds, the $0.001 par value might actually be reasonable as the fair market value, especially if the company is pre-revenue or in early stages. The IRS generally accepts valuations that reflect the company's actual financial position. However, the company should still issue proper tax documentation. For board compensation, they'd typically issue a 1099-NEC reporting the value as non-employee compensation. If they don't issue anything, you should still report the income on your tax return based on the fair market value when received. I'd recommend getting a written statement from the company explaining their valuation methodology and confirming whether there are any undisclosed vesting or forfeiture conditions. This documentation will be helpful if the IRS ever questions the treatment. The fact that they're giving conflicting information about tax obligations is concerning and suggests they may not fully understand the tax implications themselves.

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Diego Ramirez

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I'd strongly recommend getting everything documented in writing from the company before proceeding. As others have mentioned, the confusion between Rule 144 restrictions and actual vesting/forfeiture conditions is a red flag. Here's what I'd ask the company to provide in writing: 1. **Clear documentation** of whether there are ANY conditions under which your wife could lose the shares (substantial risk of forfeiture) 2. **Their methodology** for the $0.001 valuation 3. **Written confirmation** of their position on tax treatment and the legal basis for it 4. **Timeline** for when they'll issue tax forms (1099-NEC, etc.) If they can't provide clear answers, I'd seriously consider consulting with a tax professional who specializes in equity compensation before your filing deadline. The potential tax liability of ~$40K isn't huge, but getting it wrong could result in penalties and interest. Also keep in mind that even if no taxes are due now, you'll need to track the cost basis properly for when you eventually do sell the shares. The IRS will want to see documentation of the original value and any taxes paid at grant. The fact that this is a startup with minimal valuation actually works in your favor from a tax perspective, assuming the $0.001 valuation is legitimate and supportable.

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Julia Hall

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Those codes are definitely nerve-wracking after such a long wait! The 971 means they're sending you a notice explaining what they reviewed, and the 570 is just a temporary hold while they sort things out. After 9 months of processing, you're likely in the final stages. Most people with this combo see the hold release within 1-2 weeks with an 846 code and deposit date. The most common causes are stimulus payment discrepancies or small errors they can fix automatically. Keep checking your daily - once you see that 846 code pop up, you'll know your is on the way. Hang in there, you're so close!

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Julia's absolutely right! After going through 9 months of processing hell myself, seeing those codes is actually progress believe it or not πŸ˜… The 570 hold usually releases pretty quick once they finish their review - mine lifted in about 10 days and boom, got my DDD. Most of the time it's just them double-checking stimulus amounts or verifying some income stuff. Stay strong and keep refreshing that transcript! You've made it this far, you're definitely in the home stretch now πŸ’ͺ

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Aisha Ali

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Hey Allen! I totally feel your pain on this one - 9 months is such a long time to wait! Those codes can be really confusing, but from what I've seen in this community, the 971/570 combo usually means you're actually getting close to the finish line. The 971 is just letting you know they're sending you a explaining any changes, and the 570 is a temporary hold while they wrap up their review. Most people I've seen with these codes after long processing delays get their within 2-3 weeks once the codes appear. It's often something simple like a stimulus payment discrepancy that they can fix on their end. Keep checking your for that 846 code - that's when you'll know your deposit date is coming! After waiting 9 months, you definitely deserve some good news soon 🀞

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