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10 Just wanted to add something important here - if you lived in the house for at least 2 years out of the 5 years before selling it, you might qualify for the primary residence exclusion. That would mean you could exclude up to $250,000 of gain ($500,000 for married couples) from your taxes. But since you mentioned your brother was the one living there, this probably doesn't apply to your situation. Just wanted to mention it in case anyone else reading has a similar inheritance situation but they actually lived in the inherited house.
8 That's interesting. So if I had moved into the house instead of selling my share to my brother, I could have potentially sold it tax-free later? Do you know if the 2-year clock would start from when my dad passed away or would time he spent there count too?
10 The 2-year clock would start when you actually owned the house, so from the time you inherited it. Your father's time living there wouldn't count toward your ownership period. And yes, if you had moved in and lived there for at least 2 years, you could have potentially excluded up to $250,000 of gain when selling. But remember, with inherited property, your basis is stepped up to the fair market value at date of death anyway, so you'd only pay taxes on appreciation that occurred after you inherited it.
25 You might also want to check if your state has inheritance taxes! I'm in Pennsylvania and was surprised to learn they take 4.5% for direct descendants like children. The federal government might not tax your inheritance but some states still do. I got caught off guard by this last year.
11 Good point! I live in California and don't think we have a state inheritance tax, but I'll double check. Does anyone know which states have inheritance taxes?
25 Only six states still have inheritance taxes: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Each state has different rates and exemptions. Some exempt close relatives entirely while others have lower rates for them. If you're in California, you're right that there's no state inheritance tax there. But always good to verify based on where the property was located, not just where you live. The tax typically applies based on where the deceased person lived or where the property is located.
Have you checked if your address is correct in the IRS system? I learned the hard way that if you moved and didn't file a change of address form (Form 8822), the IRS might be sending your stuff to your old address. They don't automatically update your address even if you put a new one on your most recent return.
That's a great point! I did move about a year and a half ago, and while I used my new address on last year's return, I never submitted the specific change of address form. Maybe that's why I didn't get the PIN letter. Would updating my address now help me get this year's PIN, or is it too late for that?
Updating your address now won't get them to automatically send a new PIN letter for this year, unfortunately. The system doesn't work that way. But it's still worth updating your address for future communications. For your current situation, your best bet is still to retrieve the PIN online using the "Get an IP PIN" tool or contact the specialized unit as others have suggested. The PIN exists in their system assigned to you - you just need to retrieve it since the letter didn't reach you.
Just adding a data point - I also never received my IP PIN this year despite getting it fine for the past two years. I ended up using the online tool mentioned above and was able to retrieve it. The system asked for info from my previous year's tax return for verification, so have that handy. Took about 10 minutes total. Definitely better than trying to call!
Same here! Never got my letter but retrieved it online. Just make sure you create an ID.me account first if you don't already have one - that's required for accessing the IRS online account services now.
Something people forget is that LLC fees vary by state! In California, there's an $800 annual fee just to have an LLC, which would eat up a chunk of your $12,000 income. In Wyoming, it's only $50 annually. Definitely check your state's fees before deciding. Also, don't overlook that you can deduct legitimate business expenses as a sole proprietor without having an LLC. You just file Schedule C with your regular tax return.
Do all states have annual fees for LLCs? That might be a dealbreaker for me since my side gig only makes about 8k a year.
Not all states have the same fee structure. Some have low or no annual fees, while others like California are expensive. For example, Wyoming, New Mexico, and Arizona have very low annual fees under $100. If you're only making about $8k a year, you definitely need to calculate if the fees make sense for your situation. In many cases for smaller side hustles, operating as a sole proprietor and maximizing your eligible deductions on Schedule C is the most cost-effective approach. Just make sure you have good records of all business expenses and consider getting business insurance for liability protection instead of relying on an LLC structure.
Another angle: if you ever plan to get a mortgage while running your side hustle, lenders sometimes look at sole proprietor income differently than LLC income. My lender wanted 2 years of consistent LLC income before they'd count it toward my qualification. Something to think about if house buying is in your future!
One approach that helped me was timing recognition of income. Since India's tax year runs April-March and US is calendar year, you can sometimes recognize income strategically. For example, selling assets in India between January-March gives you time to plan how that income affects your US taxes. Also look into DTAA (Double Taxation Avoidance Agreement) provisions specifically for NRIs - there are exemptions for certain types of interest and capital gains.
Could you explain more about timing the income? I have some mutual funds in India I'm planning to sell. Would it be better to sell in January or March? And does it matter which bank account (NRE or NRO) I deposit the proceeds into?
Selling in January-March gives you more flexibility because you'll have that income in the current Indian tax year but can include it in next year's US taxes. This gives you almost a year to plan your overall tax strategy. For your mutual funds, it also depends on whether they're equity or debt funds, as they're taxed differently in India. As for accounts, it generally doesn't matter for US tax purposes whether you use NRE or NRO accounts - the US taxes worldwide income regardless. For Indian tax purposes, moving proceeds to an NRE account can sometimes offer advantages, but consult with an advisor about your specific situation.
Has anyone ever considered giving up their US green card to solve this problem? I'm thinking about moving back to India in a few years, and the double taxation is making me wonder if maintaining US person status is worth it.
Be careful with that approach. Giving up a green card after holding it for 8+ years can trigger the "exit tax" if you meet certain income/asset thresholds. The IRS treats it as if you sold all your worldwide assets on the day before expatriation. It's a pretty serious decision with long-term consequences.
Michael Adams
11 One thing to consider - check if you owed any back taxes, child support, or other government debts. Sometimes your refund gets intercepted for those reasons without much notification. Had this happen to me last year where my state refund was taken to cover an old parking ticket I had forgotten about.
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Michael Adams
ā¢22 Is there a way to check if this happened? I'm not aware of owing anything, but I guess it's possible something slipped through the cracks.
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Michael Adams
ā¢11 You can usually see this on your state's "Where's My Refund" tool - it would say something like "refund offset" or "refund applied to outstanding debt" instead of just "refund issued." You can also call your state's offset program directly - most states have one that handles when refunds are diverted to pay debts. If it just says "refund issued" then it's likely not an offset issue but rather something went wrong with the deposit. Another thing to consider is if you had tax preparation fees taken out of your refund - sometimes this can cause delays or issues with the final deposit.
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Michael Adams
14 Have you checked with Civista Bank directly? Sometimes banks hold tax refunds for review, especially larger ones. I had mine held for 5 business days last year for "fraud prevention" without any notification. Super annoying.
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Michael Adams
ā¢20 Good point, I'll give my bank a call. Though wouldn't they typically notify you if they were holding a deposit for review?
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