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Just FYI - the IRS recently announced a crypto compliance initiative. They're sending letters to thousands of taxpayers they suspect haven't properly reported crypto transactions. They're using blockchain analysis tools to identify potential non-compliance, even for smaller amounts. A friend of mine got one of these letters for only about $3k in unreported gains from 2020. The penalties and interest ended up nearly doubling what he would have paid if he'd just reported it originally. Better to just report it properly now than deal with the headache later. Schedule D and Form 8949 aren't that complicated for a small number of transactions.
Thanks for this info - I had no idea they were doing targeted letters like that. Did your friend actually get audited or just receive a letter? And do you know if he was using Coinbase specifically or some other exchange?
He didn't get a full audit, just a CP2000 notice that specified his crypto transactions. It listed specific dates and amounts that matched his Coinbase activity, so they definitely had his trading data. He was using both Coinbase and Kraken, but the letter only mentioned the Coinbase transactions. He tried ignoring it at first (bad move), which is why the penalties stacked up. Once he responded and paid, the matter was resolved. The scary part was how specific their information was - they knew exactly which coins he'd traded and when.
Friendly reminder that wash sale rules don't technically apply to crypto (yet) since the IRS classifies crypto as property, not securities. This is actually one advantage for crypto traders. If you have any losses, you can sell and rebuy immediately to harvest the tax loss without waiting 30 days like you would with stocks. Could help offset those gains. Just make sure you're using crypto tax software that handles this correctly, as many general tax programs incorrectly apply wash sale rules to crypto.
This is absolutely correct but be aware the rules might change soon. There's proposed legislation that would apply wash sale rules to crypto starting in 2023. I've been taking advantage of this loophole while I can!
Something nobody's mentioned yet - you should check if Spain has an exit tax that applies when you move your investments out of the country. Some European countries impose taxes when residents leave with their investments. I got hit with this when leaving Portugal and wasn't prepared for it. Also, if your Spanish funds are similar to US ETFs, you might want to look into whether your new US broker can accept a transfer-in-kind rather than selling and rebuying. Some global brokers like Interactive Brokers can sometimes handle this for certain securities.
Thanks for bringing this up! Do you know if there's any way to find out about Spain's exit tax policies? My broker hasn't mentioned anything about this, but they've been pretty unhelpful overall. Also, with the transfer-in-kind option, would that avoid triggering US taxes, or would the IRS still consider that a taxable event even though I'm not technically selling?
Your best source would be the Spanish tax authority website or calling them directly. Sometimes these exit taxes only apply if you've been in the country for a certain number of years or have investments over a specific threshold. In Portugal, it only applied to investments I'd held for more than 5 years and only on the appreciation portion. For the transfer-in-kind, if the securities are identical before and after the transfer (same ISIN number), the US generally doesn't consider it a taxable event. You're simply moving the same investment from one broker to another. However, this only works if the exact same fund is available on both platforms. Most European funds don't have US equivalents with identical ISINs, which is where the problem lies.
Just a warning from my experience - if your Spanish investments are mutual funds or ETFs (sounds like they are), they'll almost certainly be classified as PFICs, which the IRS treats very harshly. When I moved from France with my investments, I didn't know about PFIC rules and kept my foreign funds for 2 years. The tax calculation was a nightmare and I ended up paying much higher rates than if I'd invested in equivalent US funds. I would strongly consider selling everything and rebuying similar US-based funds, despite the one-time tax hit.
Is there any way around the PFIC classification? I have some Swiss funds I really don't want to sell but don't want the tax headache either.
Just FYI - this issue happens because in 2020 the IRS moved nonemployee compensation from 1099-MISC box 7 to the new 1099-NEC form. Many businesses still haven't updated their accounting systems and are using outdated forms incorrectly. If your editing work was done as an independent contractor, it should be on a 1099-NEC nowadays, not in ANY box on a 1099-MISC.
So what happens if the company refuses to give me a corrected form? My former client insists they're right even though I know they're using the wrong form.
If they refuse to correct the form, document your attempts to get it fixed (keep emails or notes from phone calls). Report the income correctly on your tax return using Schedule C regardless of their error. You can also file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" if you believe you were misclassified as an independent contractor when you should have been an employee. The IRS may contact the company directly once they see the discrepancy in reporting methods.
Has anyone used TurboTax to handle this situation? I'm wondering if it will flag this as an error when I input the 1099-MISC with amounts in box 1 but indicate it's for freelance work.
I used TurboTax last year with a similar issue. Just enter the 1099-MISC exactly as it appears, but when it asks what type of income it is, select "business/self-employment" rather than "rental income." The software will place it correctly on Schedule C. It might give you a warning about the mismatch, but you can add a note explaining the company issued it incorrectly.
Just wanted to add for the original poster - don't forget that foreign interest may also be subject to the Foreign Tax Credit if your brother paid Australian tax on that interest income. Form 1116 would be used for that, which is another form entirely. It gets complicated fast with foreign income!
Thanks for mentioning this! Do you know if the Foreign Tax Credit is worth claiming for such a small amount ($65)? Is there a minimum threshold where it makes sense to bother with Form 1116?
For just $65 of interest income, the Foreign Tax Credit might not be worth the additional paperwork. Form 1116 is pretty complex and time-consuming to complete correctly. As a general rule, I usually don't bother with Form 1116 unless the foreign tax paid is at least $300-400, given the time and complexity involved. However, there's no minimum threshold requirement - you can claim it for any amount. If your brother plans to have more significant foreign income in the future, it might be worth establishing the pattern now. It's really a judgment call based on how much Australian tax was actually paid on that interest and how much you value your time versus the small credit amount.
Something nobody has mentioned yet - if your brother's foreign financial accounts exceeded $10,000 at any point during the year, he'll need to file FinCEN Form 114 (FBAR) separately from his tax return. The penalties for not filing this are insanely high, like $10,000+ for non-willful violations.
Daniel Washington
One tip I haven't seen mentioned yet - make sure you're looking at the right tax year on your 1098-T! My university operates on a fiscal year that doesn't match the calendar year, and they sometimes include spring payments from December on the next year's form. I almost missed claiming $4,300 in qualified expenses because I didn't realize my December payment for spring semester was actually eligible for the current tax year. Check Box 7 on your form - if it's checked, it means some amounts reported might be for the next semester.
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Mia Roberts
β’That's super helpful! I just checked my 1098-T and Box 7 IS checked. Does that mean some of the amounts might be for classes I'm taking this spring, but I paid for in December? I'm confused about when I can claim those expenses.
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Daniel Washington
β’Exactly right! If Box 7 is checked, it means some of the amounts reported include payments for an academic period beginning in the first three months of the next year (January-March). The good news is that the IRS allows you to claim qualified education expenses in the year you actually pay them, not necessarily when you take the classes. So if you paid for spring semester classes in December 2024, you can claim those expenses on your 2024 tax return, even though the classes are in 2025. This is called the "prepaid tuition rule" and it can be really beneficial for your current year taxes.
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Aurora Lacasse
Has anyone used the IRS Free File options for handling education credits with 1098-T forms? I'm wondering if they're as good as the paid options for education credits.
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Anthony Young
β’I used IRS Free File last year with my 1098-T and it worked great. It asked all the right questions about education expenses and even prompted me to add my textbook costs. The interface isn't as fancy as TurboTax but it calculated my American Opportunity Credit perfectly.
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