


Ask the community...
22 Has anyone dealt with the filing requirements for the French individual in this situation? Would they need to file a US tax return even though they're receiving dividends through a US LLC? I'm in a similar position (but from UK) and wondering what my obligations are.
8 Yes, the French individual would likely need to file Form 1040-NR (U.S. Nonresident Alien Income Tax Return) to report the dividend income, even though it's received through a disregarded LLC. They would also need to include Form 8833 if they're claiming treaty benefits that reduce the tax below what would otherwise apply. This is particularly important if they're claiming the 5% rate mentioned above instead of the standard 15% under the treaty.
I've been dealing with similar withholding complexities for our international shareholders and wanted to add a few practical considerations that might help. First, make sure you get the W-8BEN from the French individual well before the dividend payment date. The IRS requires that you have valid documentation in hand before you can apply the reduced treaty rate. If you don't have it, you're required to withhold at the full 30% rate, and then the individual would need to claim a refund later. Second, regarding the potential 5% rate mentioned above - be very careful here. The treaty language specifically refers to companies owning the required percentage, and there's ongoing debate about whether individuals can qualify for this rate even when owning through business entities. I'd strongly recommend getting professional advice before applying the 5% rate to avoid potential penalties. Finally, keep detailed records of your withholding analysis and the documentation you relied on. The IRS can review withholding decisions years later, and you'll want to be able to demonstrate that you made a reasonable, good-faith effort to apply the correct rate based on the information available at the time.
This is really solid practical advice, especially about getting the W-8BEN documentation in advance. I learned this the hard way when I had to withhold at 30% and then deal with the refund process, which was a nightmare for both me and the shareholder. One question though - what's the typical timeframe for getting a refund if you do end up over-withholding? And does the French individual need to file the 1040-NR in the same tax year as the dividend payment, or can they wait until they have all their documentation together?
Has anyone here used the free IRS Volunteer Income Tax Assistance program for help with partnership returns? My local place said they don't do business returns but then another volunteer said they sometimes help with simple partnerships.
Daniel, you've gotten some good advice here already! Just wanted to add a couple of practical tips from when I helped my sister with her dissolved LLC filing last year. Make sure you're consistent with how you report the dissolution date throughout all your forms - use the same date on Form 1065 and all the K-1s. The IRS gets picky about date inconsistencies. Also, since you mentioned you had cloud servers and software subscriptions, double-check that you've accounted for any prepaid expenses that might need to be prorated. If you paid for annual subscriptions but only used them part of the year before dissolving, you might be able to deduct the full amount since the business ceased operations. One last thing - keep really good records of all this. Even though the LLC is dissolved, the IRS can still come back with questions for up to 3 years, and partnership audits can be particularly messy if your documentation isn't solid.
Great point about the date consistency - that's something I hadn't thought about! We dissolved in early November 2023, so I'll make sure that exact date appears everywhere. For the prepaid expenses, most of our software subscriptions were monthly, but we did have a couple of annual domain registrations. Since we shut down before getting full use out of them, can I deduct the entire annual cost in 2023 even though technically some of that would have covered 2024? The business ceased operations completely, so we got no benefit from the remaining months. And yes, definitely keeping all the records! Even though it was a small operation, I've got receipts and bank statements for everything. Better safe than sorry with partnership filings.
I went through a very similar situation a few years ago and can share some hard-learned lessons. First, you're absolutely right to be concerned - installment agreements can become endless cycles if the payment amount doesn't exceed the monthly interest and penalty charges. Here's what I wish I had known earlier: Request a detailed breakdown of how your monthly payment is being applied. The IRS should be able to tell you exactly how much of each payment goes to principal vs. interest/penalties. If less than 50% is going to principal, you're essentially treading water. A few practical steps that helped me: 1. Calculate the minimum payment needed to make actual progress (usually 20-30% higher than what covers just interest) 2. Request penalty abatement for any months you can qualify for - this can significantly reduce the total debt 3. Consider making extra payments specifically designated for principal reduction 4. If your financial situation has changed since starting the agreement, request a review The 10-year collection statute mentioned by others is real, but don't count on it as your primary strategy. Focus on either increasing payments to attack the principal or exploring other options like an Offer in Compromise. With a baby coming, document everything about your changing financial situation - the IRS does consider family circumstances in hardship determinations. Good luck!
This is incredibly helpful advice, thank you! I never thought to ask for a breakdown of how the payments are being applied - that seems like such basic information that should be provided automatically. The idea of making extra payments specifically designated for principal reduction is brilliant. We might not be able to increase the regular monthly payment right now, but we could potentially make occasional lump sum payments when we get tax refunds or bonuses and ensure those go directly to reducing the actual debt rather than just feeding the interest machine. Your point about documenting the changing financial situation is well-taken. We've been so focused on the immediate concern about the debt cycle that we hadn't really thought strategically about how the baby will affect our ability to pay. It sounds like being proactive about this could really work in our favor. Do you remember roughly how long it took the IRS to respond when you requested the payment breakdown and review of your financial situation? I'm hoping to get this sorted before the baby arrives and our lives get completely chaotic!
I'm dealing with a similar situation and wanted to share what I've learned from talking to several tax professionals. The key thing that's often overlooked is that you can request what's called a "Financial Hardship Review" even if you're current on your installment agreement payments. With a baby on the way, your situation is actually perfect timing for this. The IRS recognizes that major life changes like new dependents significantly impact your ability to pay. You can submit Form 433-A (Collection Information Statement) along with documentation of your expected expenses for the baby - things like projected medical costs, childcare if both parents work, increased food and clothing expenses, etc. What's particularly relevant to your situation is that the IRS may agree to suspend collection activities entirely under "Currently Not Collectible" status if your necessary living expenses exceed your income. During this time, penalties and interest continue to accrue, but you're not required to make payments. More importantly, the 10-year collection statute continues to run. I'd also suggest requesting a complete account transcript to see exactly when each tax year was assessed. If any of the debt is close to the 10-year mark, it might make more sense to focus on financial hardship options rather than trying to pay down debt that could expire soon anyway. The timing with your growing family could actually work strongly in your favor - just make sure to document everything properly when you apply.
This is really eye-opening information about the Financial Hardship Review and Currently Not Collectible status! I had no idea these options existed beyond the standard installment agreement. The timing aspect is particularly interesting - if the collection statute keeps running during CNC status while payments are suspended, that could potentially be better than making payments that mostly go to interest anyway. The idea of getting account transcripts to check assessment dates is smart too. If some of this debt is already 5+ years old, we might want to focus our limited resources on newer debt that has more time left on the collection period. Do you know if there are any downsides to CNC status? Like does it affect credit scores or make it harder to get financing for things like the family car we're hoping to buy? And can you switch back to an installment agreement later if your financial situation improves, or are you locked into one approach? Thank you for this detailed explanation - it's giving us hope that there might be better options than just grinding away at this endless payment cycle!
Code 424 is definitely one of the more stressful ones to see! I got mine about 8 weeks ago and just had it resolve last week, so there's definitely light at the end of the tunnel. From what I've experienced and read, it usually means they're doing income matching or verifying credits you claimed. The timeframe really varies - some people get through it in 45 days, others take 4+ months. One thing that helped me was setting up informed delivery with USPS so I'd know immediately if the IRS sent any letters requesting documents. Try to stay patient (easier said than done, I know!) and remember that most 424 reviews end with your refund being released without any issues. You've got this! šŖ
Thank you so much for sharing your experience! 8 weeks is a long time but I'm so glad yours finally resolved! The informed delivery tip is brilliant - I'm definitely setting that up today. It's really encouraging to hear that most 424 reviews end positively. I've been spiraling a bit since I got my code but reading everyone's stories here is helping me stay more positive. Fingers crossed mine resolves soon too! š¤
I totally understand the anxiety! I got code 424 about 4 months ago and it was such a rollercoaster of emotions. Mine ended up being related to the Earned Income Tax Credit verification - they wanted to make sure my income and dependents matched up properly. The whole process took about 14 weeks but I did eventually get my full refund with interest. The hardest part was definitely the uncertainty and not knowing what specific issue they were reviewing. I found it helpful to keep a little journal of when I checked my transcript and any changes I noticed - it helped me feel like I had some control over the situation. Also seconding what others said about having your W-2s, 1099s, and any dependent documentation ready to go just in case. Hang in there - I know the waiting is brutal but you'll get through this! š
Wow, 14 weeks is a long time but I'm really glad you got your refund with interest! The journal idea is actually genius - I'm going to start doing that too. It's reassuring to know that even the longer cases like yours eventually work out. Thanks for taking the time to share your experience, it really helps those of us still waiting! š
Micah Trail
Hey so random question but what software did you use to e-file your return originally? If you used TurboTax, TaxAct, etc. instead of just going through H&R Block, those services usually keep your returns available for download for several years!
0 coins
Rachel Tao
ā¢I went in person to H&R Block and had them prepare everything. I didn't use any software myself, just handed them all my documents and they did it all. I don't think I have access to any software portal, just their customer website which isn't showing my complete return. I think I'm going to try the transcript route first before paying for the Form 4506, since several people mentioned that the transcripts might actually have all the info I need.
0 coins
Nia Watson
ā¢This is a really good point! I always recommend people file using one of the major software programs themselves rather than going to tax prep services. Not only do you save money, but you maintain access to your full returns typically for 5-7 years depending on the service. I've been using FreeTaxUSA for years and can still download complete returns with all schedules from 2016!
0 coins
Edwards Hugo
I went through this exact same frustrating experience last year! The IRS website definitely doesn't provide complete tax returns - only transcripts. But here's what worked for me as a fellow self-employed person needing documents for a mortgage: First, try getting both the Tax Return Transcript AND the Wage & Income Transcript from the IRS website. The Tax Return Transcript should show your Schedule C information (business income/expenses), while the Wage & Income shows all the 1099s and other income documents reported to the IRS. Before going the Form 4506 route (which takes forever and costs $43), call your mortgage lender and ask if they'll accept these transcripts instead. Many lenders actually prefer transcripts because they come directly from the IRS and can't be altered. If your lender insists on the full return, you might also try calling the IRS directly to ask about expedited processing for the Form 4506 due to your mortgage timeline - sometimes they can prioritize these requests. Just be prepared for long hold times when calling! Good luck with your mortgage application!
0 coins
Mei Zhang
ā¢This is really helpful advice! I'm actually in a similar situation - just started the mortgage process and I'm self-employed with multiple 1099s. Quick question: when you got your transcripts, did they show all the details from your Schedule C like individual expense categories, or just the summary numbers? My lender specifically mentioned wanting to see the breakdown of business expenses, so I'm wondering if the transcript will be detailed enough or if I'll definitely need the full return.
0 coins