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Can I piggyback on this question with a related margin interest issue? If I use margin to buy both stocks and options, but only sell the options for a profit while keeping the stocks, can I deduct all the margin interest? Or only the portion related to the options I sold?
You can deduct all your margin interest up to the amount of your total investment income, regardless of which specific securities you sold. The IRS doesn't require you to match interest expenses to specific securities or transactions. So if your options trading generated sufficient investment income to cover all your margin interest for the year (from both stocks and options), you can deduct the full amount of interest. Just make sure to complete Form 4952 correctly to calculate your allowable deduction.
Just wanted to add a practical tip from my experience with a similar situation. When you're preparing your taxes, make sure you have good documentation of all your margin interest payments throughout the year. Your brokerage should provide this on your 1099-INT or in your monthly statements, but it's worth double-checking the totals. Also, keep in mind that if you have multiple brokerage accounts, you'll need to aggregate all your investment income and all your investment interest expenses across all accounts when completing Form 4952. The IRS looks at your total investment picture, not account by account. One more thing - if you're planning to continue using margin in future years, consider keeping a spreadsheet to track your margin interest payments monthly. This makes tax prep much easier and helps you project whether you'll have enough investment income to fully deduct the interest each year.
Just wanted to add my experience - we handled a similar situation differently. Our foreign investor (30% shareholder) paid some corporate expenses directly, and our CPA advised us to treat these as capital contributions rather than loans. The key factors in our decision were: 1. There was no expectation of repayment 2. No loan agreement was created at the time 3. The payments were relatively small (under $5k total) We documented this with a corporate resolution acknowledging the payments as capital contributions, which increased the shareholder's basis in the company. This was reported on line 19 of Part IV ("Capital contributions") instead of line 9 or 22. The approach you take really depends on whether there's an expectation of repayment or not.
Wouldn't treating it as a capital contribution have different tax implications for the shareholder though? If they ever sell their shares, wouldn't this increase their basis and potentially reduce capital gains?
Yes, treating expenses as capital contributions does increase the shareholder's basis, which would reduce their capital gains taxes if they eventually sell their shares. This is actually beneficial for the shareholder in the long run. It's also cleaner from an accounting perspective since you don't have to track loans and potential interest implications. In our case, since the amounts were relatively small and the shareholder had no expectation of being repaid, the capital contribution treatment made more sense for everyone involved.
I think everyone is overlooking the simplest approach here. When a foreign shareholder pays expenses on behalf of the corporation, you can treat this as a reimbursable expense. The corporation should record an account payable to the shareholder, and then when funds are available, reimburse them. This wouldn't need to be reported on Form 5472 at all if the reimbursement is done within a reasonable timeframe and at the exact amount (with no interest or other compensation). It's only when the arrangement becomes a long-term financing solution that it should be treated as a loan or capital contribution requiring 5472 reporting.
This is incorrect and could get the OP in trouble. Any transaction between a reporting corporation and a 25% foreign shareholder must be reported on Form 5472, even if it's just an expense reimbursement. The IRS is very strict about this - the penalties for non-reporting are $25,000 and they're not lenient with this form.
Just wanted to mention that you can actually e-file past year returns using some tax software, which is WAY easier than paper filing. I used FreeTaxUSA for my 2020 return when I filed in late 2023. They charge like $20 for past year returns but it was totally worth it to avoid the paper forms nightmare.
I thought you could only e-file current year returns? Every time I've tried to do old returns the software always makes me print and mail them in.
@Malik Thompson is right - FreeTaxUSA does allow e-filing for prior years, but there are some limitations. You can typically e-file returns from the current year and the previous 3-4 years depending on the software. For 2020 returns filed in 2025, you might be past the e-file window for that specific year, but it s'worth checking since different software providers have different cutoff dates. TurboTax and H&R Block also offer prior year e-filing for a fee, usually around $50-80 per return.
I'm going through a very similar situation right now with my 2020 taxes! Lost my job in March 2020 and honestly just couldn't deal with paperwork for the longest time. I finally gathered all my documents last month and realized I might actually owe money despite having taxes withheld from my W-2. One thing that really helped me was calling the IRS Taxpayer Advocate Service (TAS) - they're a separate division that helps people with complex tax problems for free. They don't file your return for you, but they can explain your options and help you understand what penalties you might face. The number is 1-877-777-4778. They were way more patient and helpful than trying to navigate the regular IRS phone system. Also, don't panic about the penalties if you do owe. The failure-to-file penalty stops accruing after 5 months, so it maxes out at 25% of what you owe. The failure-to-pay penalty continues but it's only 0.5% per month. Still not great, but not as scary as it sounds when people say "penalties keep growing forever.
Thanks for sharing that TAS number! I've been putting this off for so long partly because I was terrified of dealing with the IRS directly. Knowing there's a separate service that's actually designed to help people like us is really reassuring. Did they give you specific guidance on how to calculate what you might owe, or did they mainly just explain the process? I'm still trying to figure out if my freelance expenses might offset some of that 1099 income before I panic about the penalties.
Don't forget that once you move to Japan you'll need to file Form 2555 for the Foreign Earned Income Exclusion! This is huge - it lets you exclude up to $128,750 (for 2025) of foreign earned income from US taxation if you meet either the physical presence test or bona fide residence test.
And remember that the FEIE only applies to earned income like salary - not investment income, rental income, etc. You'll still owe US tax on those unless you use foreign tax credits.
I went through this exact situation when I married my Korean spouse! A few additional things to consider that I learned the hard way: If you decide to get your wife an ITIN and file jointly, be prepared for the timeline - it can take 7-11 weeks to get the ITIN, and you might need to file for an extension if you're doing this during tax season. Also, make sure to get certified copies of her passport from the Japanese consulate or use an IRS-authorized Certifying Acceptance Agent in Japan rather than trying to mail original documents. One thing I wish someone had told me: if your wife has any financial accounts in Japan with your name on them (even just as a beneficiary), you might need to report those on Form 8938 (FATCA) in addition to FBAR, depending on the account values. The thresholds are different for overseas residents. Also, since you're planning to move to Japan, start keeping detailed records of your time outside the US now. You'll need this for the Foreign Earned Income Exclusion physical presence test. I use a simple spreadsheet tracking entry/exit dates - it's saved me so much headache come tax time! Good luck with everything, and congratulations on your marriage!
This is incredibly helpful advice, thank you! I had no idea about the Form 8938 requirement - that could have been a nasty surprise. Quick question about the record keeping for the physical presence test: do I need to track partial days too, or just full days outside the US? And when you say "certified copies from the Japanese consulate," do you mean the US consulate in Japan, or can Japanese government offices provide the certification that the IRS accepts? Also, did you end up filing jointly or separately with your Korean spouse? I'm still torn between the two options.
Abigail bergen
One thing nobody has mentioned yet - beware of the "Currently Not Collectible" status these companies often push. It might sound great (the IRS agrees not to collect from you temporarily), but the 10-year clock keeps running AND interest and penalties keep accumulating! Sometimes it makes more sense to set up even a small payment plan to start chipping away at the debt. For 2012-2014, if you haven't filed yet, file ASAP. The assessment date (which starts the 10-year clock) begins when you file and the IRS processes your return. So those years aren't even on the clock yet. I'd recommend calling the IRS Taxpayer Advocate Service. They're independent from the IRS collection division and can give you free guidance. Their number is 877-777-4778.
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Ahooker-Equator
ā¢I tried calling the Taxpayer Advocate Service and was told they have a 6-8 week backlog for new cases unless you're literally about to be evicted or have your utilities shut off. Did you have better luck getting through to them?
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Aisha Abdullah
I'm dealing with a similar situation right now - owe about $28,000 for 2020-2022 and just got the levy notice last week. Reading through all these responses has been incredibly helpful, especially learning about the 10-year rule and how it actually works. I called one of those tax relief companies too and they wanted $3,200 upfront after a $500 "consultation fee." After reading everyone's experiences here, I'm definitely not going that route. Question for those who've been through this - how urgent is it really to act on the levy notice? Mine says "Final Notice - Intent to Levy" and gives me 30 days. I'm trying to decide between finding a local EA or attempting to call the IRS directly. The idea of waiting hours on hold is daunting, but the Claimyr service mentioned above sounds interesting if it actually works. Also, has anyone here actually had their bank account levied? I'm terrified they'll clean out my checking account before I can get this sorted out. We have about $3,000 in there which is basically our rent and grocery money for the month. Thanks everyone for sharing your real experiences - it's so much more helpful than the scary marketing from these tax relief companies.
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Amina Diop
ā¢The Final Notice - Intent to Levy is serious, but you do have that 30-day window to act. Don't panic, but don't wait until the last minute either. During those 30 days, the IRS cannot proceed with the levy, so you have time to get things sorted. I'd recommend trying to contact the IRS directly first - either through traditional calling (yes, the wait times are brutal) or using one of those callback services others mentioned. If you can get through, ask for an immediate hold on collection activities while you work out a payment plan. This buys you more time and stops the levy process. Bank levies do happen, but usually the IRS will start with income/wage garnishments first since they're easier to process. Still, protect that $3,000 by acting within your 30-day window. A few quick steps you can take right now: 1. Gather all your tax documents and financial information 2. Calculate what you can realistically pay monthly 3. Consider requesting an installment agreement online through IRS.gov if your situation is straightforward 4. If it's complex, find a local EA but don't pay the huge upfront fees these national companies want You've got this - just don't let the fear paralyze you into inaction during your 30-day window.
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