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One important point no one has mentioned yet is the "saving clause" in most US tax treaties. This clause basically preserves the US right to tax its citizens and residents as if the treaty didn't exist in many cases. Because of this, US citizens often can't use many treaty benefits that would reduce US tax. There are exceptions to the saving clause, but they're specific and limited. This is why the US might still fully tax your income according to US rules regardless of how the foreign country treats it. Check Article 1 of your specific treaty to see the saving clause and its exceptions. This could completely change your tax situation.
This is really helpful - I had no idea about the saving clause. Does this mean most treaty benefits don't even apply to US citizens? Are there any common exceptions that might help in a situation with income classification differences?
Most treaty benefits that would reduce US tax don't apply to US citizens because of the saving clause. You're right to be concerned. The common exceptions that might still help you typically include foreign social security benefits, certain pension income, students/teachers/researchers on temporary assignment, and diplomatic personnel. A few treaties have more generous exceptions. Unfortunately, general income classification differences usually aren't excepted from the saving clause, which means the US will likely tax the income according to US rules regardless of the treaty.
I'm shocked nobody mentioned Form 8833 (Treaty-Based Return Position Disclosure). If you're taking any position on your US tax return based on a treaty that differs from how the income would normally be treated under US tax law, you MUST file this form. Failing to file Form 8833 when required can result in a $1,000 penalty ($10,000 for corporations). This is especially important if you're claiming that a treaty overrides how the US would normally classify your income.
But aren't there exceptions to having to file Form 8833? I thought there were some common treaty positions where disclosure wasn't required? The instructions seem to list quite a few exceptions.
Another option for avoiding the pro rata rule that nobody mentioned yet is if you're self-employed, you can open a solo 401k and roll your traditional IRA funds into that. That's what I did last year when I was in a similar situation. The key is getting your traditional IRA balance to zero (or as close as possible) by December 31st of the year you do the conversion. Money market or invested doesn't matter at all - it's all about the total balance.
Do you know if this works if self-employment is just a side gig? I drive for Uber on weekends but have a regular W-2 job. Would I qualify for a solo 401k to do this rollover strategy?
Yes, this absolutely works with side gig self-employment! I was in exactly your situation - full-time W-2 job but also doing photography on the side with 1099 income. You can open a solo 401k with your self-employment income even if it's not your main job. There's no minimum income requirement to open a solo 401k, though you can only contribute based on your actual self-employment earnings. But for rollover purposes, you can roll in much larger amounts from your traditional IRAs regardless of how much you earn from your side gig. Just make sure you set up the solo 401k before the end of the calendar year.
I made a huge mistake with the pro rata rule last year and got hit with a totally unexpected tax bill. Had about $42k in a traditional IRA, did a $6k backdoor Roth conversion thinking I'd only pay taxes on the $6k, but ended up having to pay taxes on almost all of it because of pro rata. My accountant was furious that I did the conversion without consulting him first lol. Said I should have rolled the traditional IRA into my 401k first.
I've heard horror stories like this! How much extra did you end up owing in taxes because of the mistake?
3 Another trick I learned from my accountant: if you filed your previous year's taxes on paper instead of electronically, you'll need to enter $0 for your prior year AGI when e-filing your current return, regardless of when you filed. Could that be your issue?
16 Does this $0 AGI trick also apply if you didn't file taxes at all the previous year? I wasn't required to file in 2023 but now need to file for 2024.
3 Yes, that's exactly right! If you weren't required to file in 2023 and didn't file, you would use $0 as your prior-year AGI when filing your 2024 return electronically. The $0 AGI entry works in several scenarios: when you filed previous year returns on paper, when you didn't file the previous year at all, or when you recently filed the previous year's return and it hasn't fully processed in the IRS system yet.
22 Has anyone had issues with Tax Act specifically? I've been using it for years but this filing season it seems really buggy with the AGI verification step. Wondering if switching to another software might help.
9 I switched from Tax Act to FreeTaxUSA this year and found it much more user-friendly, especially with handling prior year AGI issues. They have a specific section that explains what to do if you filed previous years' returns recently.
Anyone have recommendations for the big tax chains vs independent CPAs? Is H&R Block or similar good enough for someone with brokerage accounts and a child, or should I be looking for a smaller independent firm?
AVOID THE CHAINS! I worked at one of the big ones for two tax seasons. The training is minimal and they push quantity over quality. Most of the preparers there could handle basic W-2 returns but would be completely lost with brokerage statements or anything remotely complex. For your situation with multiple accounts and a new dependent, you definitely want either an independent EA or CPA. The price difference isn't huge but the expertise gap is massive. The chains often use software that's basically the same as consumer tax software, just with a person inputting the data instead of you.
Thanks for the inside info! That's exactly what I was worried about. I'll start looking for independent pros instead of going to one of the big chains. Been seeing their commercials everywhere so was tempted by the convenience, but sounds like it's worth finding someone with more expertise.
Congrats on the new baby! Don't forget to look into the Child Tax Credit and dependent care FSA if you have childcare expenses. Those two things alone can be worth thousands in tax savings. I'd recommend starting with your network - ask friends, especially those with similar financial situations (investments, kids, etc). Personal referrals tend to yield better results than random Google searches. If you own a home, your realtor might also have good tax pro recommendations. And don't wait any longer - most good tax pros are finishing up their client roster for this season by end of January. Good luck!
Aisha Hussain
Have you considered forming an LLC and then potentially taking the home office deduction that way? I'm not a tax professional, but I wonder if creating a small business related to animal care might allow you to deduct the room if you're using it exclusively for that purpose. Just a thought!
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Ethan Clark
ā¢This is bad advice and could get the OP in trouble. You can't just form an LLC to deduct volunteer work expenses. For a home office deduction, you need actual business income and profit motive. Volunteer work for a charity explicitly doesn't qualify, and trying to create a business structure around volunteer work could be seen as tax fraud if there's no legitimate business activity.
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Aisha Hussain
ā¢You're right, I should have been more specific. I wasn't suggesting creating an LLC just for volunteer work - that would definitely be problematic. What I was thinking was if OP had actual animal care services they provided separately from their volunteer work (like dog walking, pet sitting, etc.), then forming a legitimate business around those paid services might allow for some deductions that wouldn't be available otherwise. But you'd need genuine business income and operations, not just restructuring volunteer activities.
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StarStrider
My tax guy told me that instead of trying to deduct housing, keep track of EVERYTHING else. Like literally everything - dog food, portion of utilities, cleaning supplies, pee pads, toys, gas to vet appointments, crates, any home modifications like baby gates or special flooring. I fostered for 2 years and ended up with about $2,600 in legitimate deductions, which helped a lot!
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Diego Mendoza
ā¢Thank you! This is really helpful - I hadn't even thought about things like utilities or cleaning supplies. Do you track the mileage to vet appointments with a specific app or just write it down somewhere?
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StarStrider
ā¢I just use the notes app on my phone! Nothing fancy. I record the date, where I went, mileage, and purpose (like "Foster dog Bella - vet appointment for vaccines - 12.4 miles"). My tax guy said the IRS appreciates that level of detail. For things like utilities, I calculated the square footage of my foster room as a percentage of my total apartment, then applied that percentage to my utility bills. Keep all your receipts for supplies too - I use a separate folder in Google Drive just for foster expenses and take pictures of everything.
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