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Don't overlook state tax implications in whatever you decide! Some states don't recognize S corps the same way the federal government does, and others have additional fees or taxes for different entity types. California, for example, has an $800 minimum franchise tax for LLCs and S-Corps alike. If you tell us what state you're in, you might get more specific advice. The 5-year waiting period is definitely a federal rule, but your best alternative structure might depend partly on state considerations.
This is such a good point! I operate in Washington state and was hit with unexpected taxes after my entity change because I didn't consider state-specific implications. Each state has its own quirks with how they treat different business entities.
This is a tough situation, but you're not completely out of options. The 5-year waiting period is indeed strict, but I've seen a few successful approaches: First, definitely document everything about your business transition from side-gig to full-time. The IRS sometimes considers substantial changes in business circumstances when evaluating private letter ruling requests. Your shift from $22k hobby income to $90k primary income could be compelling evidence. Second, consider whether your original revocation was truly "voluntary" or if you were acting on incomplete information. If you can demonstrate that you didn't fully understand the consequences or didn't receive proper professional guidance, you might have grounds for relief under Revenue Procedure 2013-30. Third, look into whether forming a new entity makes sense for legitimate business reasons beyond just tax elections. If you're adding partners, significantly changing your business model, or expanding into new markets, a new LLC might be defensible. Finally, don't forget about interim tax strategies while you work through this. You can still maximize retirement contributions, consider a solo 401(k), and potentially hire family members to shift some income and reduce self-employment taxes. I'd strongly recommend getting a consultation with a tax attorney or CPA who specializes in entity elections before making any major moves. This situation is complex enough that professional guidance is worth the investment.
This is really comprehensive advice! I'm curious about the solo 401(k) option you mentioned - how does that work for LLC owners? I thought retirement contributions were limited when you're self-employed. Also, regarding hiring family members, are there specific rules about how much you can pay them and what kind of work they need to actually do? I don't want to create any red flags with the IRS while I'm already dealing with this S-corp election issue.
Some tax offices offer a "self-preparer" package where you can use their professional software but do the work yourself. I did this last year for my extended family - paid $150 for access to professional software that let me prepare unlimited returns. Each return still had e-filing fees ($25 each in my case), but it was WAY cheaper than hiring a pro for each return. Check with local tax offices in your area - many offer this in the off-season (summer/fall) at discounted rates. They technically review the returns before filing, but it's minimal if you know what you're doing.
Did they require you to have any credentials for this arrangement? And did they limit what forms you could file using their software?
No credentials required! The tax office registered the returns under their EFIN, but I did all the work. They just did a quick review before submission. As for limitations, I had access to all federal and state forms - the only restriction was I couldn't file business returns (1120, 1120S, 1065) but could do Schedule C for sole proprietorships. It was perfect for family returns which were mostly W-2s, some 1099s, and basic investment income.
Have you considered setting up a shared Dropbox or Google Drive folder where everyone uploads their documents? That's what I did for my family - created a secure folder structure for each person, had them upload docs throughout the year, then I blocked off a weekend to do all the returns using FreeTaxUSA. Way more efficient than doing them one by one with each person present.
I tried the shared folder method but had issues with older family members not scanning things properly or uploading the wrong docs. How did you handle the technologically challenged relatives?
@Pedro Sawyer I ran into the same issue initially! What worked for me was creating a simple one-page instruction sheet with screenshots showing exactly how to scan and upload documents. I also set up a practice "folder where" they could test uploading a random document first. For the really tech-challenged relatives, I found it easier to either visit them once to collect all their documents in person, or have them mail me physical copies that I could scan myself. The time saved from not having to sit through each return individually still made it worthwhile, even with some extra document collection effort upfront. The key was being flexible - some family members used the digital method, others I just collected docs from the old-fashioned way. As long as I had all the paperwork centralized, I could still knock out all the returns efficiently in one session.
One thing nobody mentioned yet - make sure you're keeping the receipts for concert tickets separate from other entertainment expenses. The IRS looks closely at entertainment deductions and they're tricky for content creators. For your concert tickets, you should document: 1. Date and venue 2. What content you produced from it (link to the review) 3. How it directly relates to your business I learned this the hard way when I got audited for my travel blog. They questioned every meal and event ticket until I could prove it was directly tied to content I published.
This is solid advice. I'd add that you should also take pictures of yourself at these events as additional proof you were there for business purposes. My accountant recommended this for my podcast where I review local events.
Great advice from everyone here! I'm actually a CPA and wanted to add a few important points that might help Diego and others in similar situations. First, since you're making $2,800/month consistently, you definitely need to make quarterly estimated tax payments. The general rule is if you expect to owe $1,000 or more in taxes, you need to pay quarterly. Calculate 25-30% of your net profit and pay that quarterly to avoid underpayment penalties. For the home office deduction, be careful - it needs to be a space used EXCLUSIVELY for business. If you edit in your living room sometimes, that doesn't qualify. But if you have a dedicated room or corner that's only for filming/editing, you can deduct that percentage of your rent, utilities, etc. Also, consider setting up an LLC or S-Corp election once your income grows more. Right now you're paying both sides of Social Security/Medicare tax (15.3% total), but there are legitimate ways to reduce some of that burden as your business grows. Keep meticulous records of everything - the IRS loves to audit content creators because the line between business and personal expenses can be blurry. Document the business purpose for every expense, especially entertainment-related ones like concert tickets.
has anyone actually had an audit after filing as a resident alien with treaty benefits? im nervous about claiming the treaty exemption and then getting flagged for an audit. is there anything specific i should document just in case?
I went through this exact same situation two years ago and it was incredibly stressful! One thing that really helped me was keeping detailed records of everything - not just for potential audits, but to make sure I was filing correctly. Since you mentioned you're in your 6th year on F-1, you're definitely correct about being a resident alien. Just make sure you have documentation showing your entry dates and status changes. I kept copies of all my I-94 records, passport stamps, and previous tax returns. For the 1042-S treaty benefits, the key is making sure you report the income AND claim the exemption properly. Don't try to hide the income - that's what gets people in trouble. Report it all transparently and let the treaty exemption do its job. One last tip: if you're still nervous about getting it right, consider having a tax professional review your return before filing, especially for your first year as a resident alien. It's a small cost for big peace of mind!
Oliver Zimmermann
Just to add a practical perspective from someone who's been through this - I've been receiving money from my grandparents in Germany for years (around $20-30k annually) and have never had any tax issues. I invest about half of it in index funds. The only complication I ever ran into was when I crossed the $10k threshold in a single transfer, which triggered a currency transaction report by the bank. That's not a tax form - it's just an automatic report banks file for large transfers. Didn't affect me at all, but it did freak me out when the bank called to ask questions!
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CosmicCommander
ā¢Did your grandparents have to pay any gift tax in Germany? I've heard some countries tax the sender pretty heavily on gifts above certain amounts.
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Taylor Chen
As someone who works in international tax compliance, I want to emphasize a few key points that might help clarify your situation: 1. **Gifts vs. Income**: The money your parents send you is considered a gift, not taxable income, regardless of whether you use it for living expenses or investments. The IRS cares about the nature of the transfer, not how you spend it afterward. 2. **Investment Gains**: While the gift itself isn't taxable, any profits you make from investing that money will be subject to capital gains tax when you sell. Keep good records of your cost basis for tax purposes. 3. **Documentation**: Even though you're under the $100k reporting threshold, I'd recommend keeping records of the transfers (bank statements, wire transfer receipts) and perhaps a simple letter from your parents stating these are gifts for educational/living expenses. This creates a clear paper trail if questions ever arise. 4. **State Considerations**: Don't forget to check if your state has any additional reporting requirements for foreign gifts, though most follow federal guidelines. Your $24k annual amount is well below any reporting thresholds, so you should be in the clear from a compliance standpoint. The key is maintaining good documentation and understanding that investment gains from gifted money are still taxable as investment income.
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Laura Lopez
ā¢This is really helpful, especially the point about keeping records even when under the reporting threshold! I'm curious about the state considerations you mentioned - do you know which states typically have different rules from federal guidelines? I'm in California and want to make sure I'm not missing anything there. Also, when you mention keeping a letter from parents stating these are gifts, does that need to be in English or would a translated version work if my parents aren't fluent in English?
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