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One aspect that hasn't been mentioned - the formation of the new C corp adds another layer to consider. From my experience with similar transactions, if you're contributing partnership interests in exchange for stock, you'll want to ensure you meet the requirements of Section 351 for tax-free treatment of that exchange. If the partnership is deemed terminated under 99-6 during that brief window, it could potentially disrupt your Section 351 exchange. The timing and documentation become even more critical to establish that these are integrated steps of a single business restructuring transaction.
That's a really good point I hadn't considered. So we need to be careful about both the 99-6 implications AND making sure we satisfy Section 351 for the C corp formation. Does the order of operations matter here? Should we structure the documents differently to better protect the Section 351 treatment?
The order of operations definitely matters for protecting your Section 351 treatment. I'd recommend structuring your documents to emphasize that the partnership interests are being contributed to the new C corp as part of the overall restructuring plan, not as separate transactions. You might want to consider having the agreements executed simultaneously rather than sequentially with a time gap. Even a few minutes between transactions creates risk. Another approach is to use binding agreements that explicitly reference each other and make clear that all steps are conditional on the completion of the entire plan. This strengthens your position that it's a single integrated transaction for tax purposes.
Has anyone considered whether the partnership agreement itself might already have provisions that address this? Many partnership agreements have specific clauses about what happens in single-member scenarios. Before you restructure anything, check if your existing agreement already addresses temporary sole ownership!
21 Another option no one mentioned yet is using your tax preparation software if you already have one. I use TurboTax for my personal and business taxes, and they have a section for preparing and filing 1099s. It costs a bit extra but if you're already using the software for your regular taxes, it might be the most convenient option.
16 Do you know if H&R Block offers the same feature? That's what I've been using for years and would prefer to stick with it if possible.
21 Yes, H&R Block does offer 1099 filing capabilities in their small business versions. You'd need their Premium & Business or Business & Investment packages to access those features. However, if you're only filing one 1099, it might be more cost-effective to use one of the standalone services others have mentioned, since the upgrade cost for H&R Block might be higher than just paying for a single 1099 form processing. The benefit of using your existing tax software is everything stays in one system, which makes record-keeping easier for future years.
3 Don't forget you'll also need to include the 1099 payments on your Schedule C when you file your own taxes! The amount you paid her is a business expense that reduces your taxable income. Make sure to categorize it correctly (probably as "contract labor" or "professional services").
For the TurboTax specific question - I had the same issue with a Filipino contractor. Here's exactly what I did: Select "Yes" to that contractor question, then on the next screens, when it asks for the contractor's info, there's an option near the bottom that says something like "This contractor is not a US person" or "Foreign contractor" - click that. Then TurboTax will let you deduct the expense without requiring 1099 info. It's easy to miss that option but it's definitely there!
Thank you so much! This is exactly what I needed to know. I'll go back and look for that option. Do you remember if it asks for any specific information about the foreign contractor?
It will ask for their name and I believe their country, but not much else. You won't need their tax ID number or anything like that. Just make sure you have good records of the payments in case of an audit - invoice, proof of payment, contract, etc. The key is documenting that the work was legitimate and for your business.
Don't TurboTax and other software make everything so complicated? I miss the days of paper filing lol. Anyway - one thing to remember is that payments to foreign contractors for services performed entirely outside the US are generally exempt from reporting on 1042-S if there's no US-source income. You still deduct it as a business expense, but without the paperwork headache.
Actually, it depends on the tax treaty status with the specific country. Some countries require withholding regardless of where the work is performed. India (where OP's contractor is located) has specific provisions in its tax treaty with the US.
4 Just FYI - make sure you use the CORRECT FORMS for 2022 and 2023. Don't use 2025 forms for filing past years! You can download prior year forms from IRS.gov or use a tax preparer who has access to prior year software. The biggest mistake people make is using current year forms for past years, which will cause your return to be rejected.
12 Do you know if the tax brackets for 2022 are different than they are now? I made around $58,000 that year but I'm not sure which bracket that falls into for back then.
4 Yes, the tax brackets change each year due to inflation adjustments. For 2022, the brackets were different than they are for 2025. For example, if you were filing as single with $58,000 in taxable income for 2022, you would have been in the 22% bracket, which for 2022 covered income from $41,776 to $89,075. Remember that tax brackets are marginal, meaning only the portion of your income that falls within each bracket gets taxed at that rate. This is why it's important to use the correct year's tax forms and software, as they will have the correct brackets and calculations built in.
22 Quick question - I also need to file 2022 taxes late, but I moved states in 2023. Do I file state taxes based on where I lived in 2022 or where I live now?
Paolo Esposito
Just a tip from a former international student who dealt with this exact issue: Save yourself time and switch from TurboTax to Sprintax for this year's return as well. TurboTax is designed for residents and often gets confused with nonresident situations. Even if you've become a resident alien now, TurboTax struggles with handling the previous nonresident filings. Sprintax will automatically pull forward the relevant info from your previous 1040NR and knows exactly how to handle state refunds for people who filed as nonresidents in the previous year. They're a bit more expensive but worth it for the headache avoidance.
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Dmitry Petrov
ā¢Does Sprintax handle regular 1040 filing too? I'm actually a resident for tax purposes this year (passed the substantial presence test), so I need to file a regular 1040, not a 1040NR. That's why I was trying to use TurboTax.
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Paolo Esposito
ā¢Yes, Sprintax can handle your transition from nonresident to resident status. They have a feature specifically for people who were nonresidents in previous years but are now residents. It's called Sprintax Federal and can prepare regular 1040 returns. They're particularly good at dealing with the complications that come with that transition, like handling income from before and after your status change, properly reporting state tax refunds from nonresident years, and applying the correct treaty benefits if you're still eligible for any. Their system is designed to understand international tax situations even after you become a resident.
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Amina Toure
I'm super confused by all this tax stuff too! I was a student on F-1 and filed 1040NR last year but now I'm on OPT and TurboTax is asking me weird questions about itemized deductions. Does anyone know if the standard deduction for nonresidents is the same as itemized deductions? I think I took the standard deduction last year because my only income was from my campus job. Will my state refund still be taxable?
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Oliver Weber
ā¢No, the standard deduction for nonresidents on 1040NR is not the same as itemized deductions. As a nonresident on F-1 last year, you were only eligible for a limited standard deduction (around $12,950 for 2023 if you were single). If you took the standard deduction (which most students do), then your state tax refund is NOT taxable this year. State refunds are only taxable if you itemized AND claimed state taxes as part of those itemizations in the previous year.
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Amina Toure
ā¢Oh that makes sense! I definitely took the standard deduction then because I remember the software recommending it since I didn't have enough deductions to itemize. So I can just put $0 for the taxable portion of my state refund?
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