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Have you considered reaching out to CPAs who specialize in US-Mexico tax issues? I practice in Texas near the border and we handle these situations regularly. The key issues for S corps in Mexico include: 1. Entity classification - Mexico doesn't recognize S corps, so you'll need to determine how Mexico will classify the operation 2. Transfer pricing - Documentation requirements if goods/services move between US and Mexican operations 3. Permanent establishment - Having fixed operations in Mexico creates Mexican tax obligations 4. Currency translation - Dealing with peso transactions and exchange rate considerations 5. VAT implications - Mexico has a value-added tax system unlike US sales tax Feel free to message me if you want to discuss a referral arrangement. This is definitely not something to learn on the fly.
Those are helpful points, especially about the entity classification and VAT implications. I hadn't even considered the currency translation issues. Would you recommend any particular resources for understanding the basics of the US-Mexico tax treaty? I'd like to get enough background knowledge to at least ask intelligent questions when I do consult with a specialist.
The best starting point would be the actual US-Mexico tax treaty text, which you can find on the IRS website. While technical, it outlines the fundamental principles. For a more accessible overview, the IBFD has good summaries of treaty provisions that explain concepts like permanent establishment thresholds and withholding tax rates. The Tax Executive Institute also publishes good articles on US-Mexico cross-border taxation. For the currency translation issues, look at the basic rules in IRC Section 988 and Reg. 1.988, which cover foreign currency transactions. Understanding these basics will definitely help you ask the right questions when you consult with specialists who handle these matters regularly.
One major point not mentioned yet - the S corp status itself could be jeopardized! Under IRC ยง1361, an S corporation cannot have a foreign subsidiary as a disregarded entity. If your client creates a Mexican subsidiary rather than just a branch, they could inadvertently terminate their S status. A branch structure might work better, but that creates direct nexus with Mexico and direct Mexican tax liability for the S corp. Definitely not a DIY situation.
5 Just my two cents - I'd definitely file those back years. I was in almost the exact same situation (didn't file 2016-2019) and finally got caught up last year. Even though I didn't get refunds, it gave me huge peace of mind knowing the IRS wasn't going to come knocking someday. Plus, having everything properly filed helped when I applied for a mortgage last fall. The lender wanted proof of tax compliance for the past several years, and not having that would have delayed or possibly prevented my loan approval. You never know when having your tax record complete will matter!
16 Did you have to pay a lot in penalties? That's what I'm worried about for OP. Sometimes it's better not to poke the bear if they're not already looking for you...
5 I actually didn't end up owing any penalties because I was due small refunds for most of those years. Since the IRS typically only assesses failure-to-file penalties on unpaid taxes, there weren't penalties to pay in my case. Even if I had owed, the peace of mind would have been worth it. The "don't poke the bear" approach is really risky. The IRS has been increasing enforcement efforts, and with more funding recently, they're expanding audits and investigations. It's much better to voluntarily come into compliance than to be caught later. When you initiate filing yourself, they tend to be more accommodating than if they have to track you down.
4 Has anyone used TurboTax or similar software for filing back taxes? Or do you need to go through a tax professional? I'm in a similar situation (missing 2019-2020) and trying to figure out the cheapest way to get caught up.
I went through this last year with my NYS business. For anyone dealing with this issue, make sure you're filing the right type of extension. If your business is a single-member LLC and treated as a disregarded entity, you'd file an extension for Form 1040-NR with Form 4868. But if your LLC elected to be treated as a corporation, you'd need to file Form 7004 for an extension instead. Also, remember that the ITIN application (Form W-7) generally CAN'T be filed by itself - it must be attached to a valid tax return unless you meet one of the exceptions. This tripped me up badly.
That's a really good point about the different forms. My LLC is set up as a disregarded entity, so I'll need the Form 4868. I didn't realize the W-7 has to be attached to a tax return - does that mean I need to complete a full tax return even though I'm filing for an extension?
Yes, that's one of the trickier parts of this process. You'll need to complete your tax return (Form 1040-NR in your case as a foreign person with a disregarded entity LLC), attach the W-7 application, and then submit them together. The extension (Form 4868) gives you more time to file the return, but you'll still need to prepare the return to get your ITIN. It seems contradictory, but what many people do is prepare the full return, attach it to the W-7, and submit both while also filing the extension to avoid penalties. When your ITIN is assigned, the IRS will process the already-submitted return.
Don't forget about state taxes too! If your LLC is in Florida that's good news because Florida doesn't have state income tax, but you might still have other state filing requirements depending on where you conducted business. Also, for the payment itself, if you don't have an ITIN yet, you can use the Electronic Federal Tax Payment System (EFTPS) or send a money order with Form 4868. Just make sure your name and address are exactly the same on all documents so they can match everything up later.
Don't overlook state and local taxes! Depending on where you live, you might need business licenses or permits even for freelance work. I got hit with a fine in my city because I didn't get a business license, even though my "business" was just me doing graphic design on the side. Also, track EVERYTHING. I use a separate credit card for all business expenses so they're easy to separate at tax time. And set aside way more than you think you need for taxes - like 30% of every payment. Better to have extra money than to come up short.
Do you need a separate bank account too? Or can you just use your personal account as long as you keep good records?
You don't absolutely need a separate bank account from a legal standpoint if you're a sole proprietor, but I highly recommend it. Having a dedicated business account makes it so much easier to track income and expenses cleanly, and it looks more professional when clients pay you. If you ever get audited, having separate accounts makes it much easier to prove which transactions were business-related. It's also helpful for calculating your actual profit each month. Most banks offer free or low-cost business checking accounts for small businesses, so there's really no downside to setting one up.
Has anyone used QuickBooks Self-Employed for tracking freelance income? My first client is starting next month and im trying to figure out the best way to keep track of everything. Is it worth the monthly fee or should I just use a spreadsheet?
I've used it for 2 years for my web development side gig. Honestly it's been worth every penny. It automatically categorizes expenses, tracks mileage if you need that, and separates business from personal transactions. The best part is at tax time - it generates all the reports you need and transfers everything to TurboTax if you use that.
Reginald Blackwell
One thing to watch out for - I tried doing this last year with my Chase card thinking I was being clever, but the processing fee of 1.98% basically wiped out my 2% cashback. After calculating it all out, I think I made like $8 in actual profit. Not really worth the hassle unless you have a card with higher rewards or a signup bonus you're trying to hit.
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Adaline Wong
โขThat's a good point about the fees potentially offsetting the rewards. My main card actually gives 2.5% back on everything for the first $10k spent each quarter, so I should still come out ahead. Did you have any issues with the IRS or your credit card company questioning the large payment? That's my main concern.
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Reginald Blackwell
โขI didn't have any issues with the IRS questioning the payment. They really don't care how you pay as long as they get their money. My credit card company did temporarily flag the transaction due to the size, but that was resolved with a quick text confirmation. If you're using a card that gives 2.5% back, you'll definitely come out ahead. Just give your credit card company a heads up before making the payment to avoid any fraud holds. Large IRS payments are actually pretty common, especially during tax season, so the credit card companies are generally familiar with them.
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Aria Khan
Has anyone looked into whether receiving Zelle payments from someone else for tax reimbursement could trigger the new $600 reporting threshold? I've heard mixed things about whether that applies to personal payments.
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Everett Tutum
โขThe $600 reporting threshold only applies to goods and services payments, not personal transactions like reimbursements. As long as you're not marking these as "goods and services" in Zelle (which I don't think is even an option), you should be fine. It's just like splitting a dinner bill.
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