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Another important thing to consider - if your dad is planning to help with something specific like education or medical expenses, he can pay those directly to the institution (school/hospital) and it won't count toward the $18,000 annual gift limit at all! This is a separate exclusion that many people don't know about. So if your kids have upcoming education costs or if anyone has medical bills, he could pay those directly to the provider AND still give each of you $18,000. Just something to consider if he's looking to maximize his giving while minimizing paperwork.
That's super helpful to know! My daughter has braces scheduled next year that will cost around $5,500. So if I understand correctly, my dad could pay the orthodontist directly, and that wouldn't count against the $18,000 he could still give her as a cash gift?
Exactly right! He can pay the $5,500 directly to the orthodontist for your daughter's braces, and that amount won't count toward the annual gift limit at all. He could still give her an $18,000 cash gift in the same year with no gift tax implications. This exception is specifically for qualified educational expenses (tuition only, not books or room and board) and medical expenses (including things like braces, surgeries, treatments, and even some insurance premiums). The key is that the payment must go directly to the educational institution or medical provider - not to you or your daughter first.
Just be careful with how your dad writes the checks for the minor children. If he makes the checks out directly to minors, some banks might give you trouble cashing/depositing them. My father wrote a check to my 7-year-old last year and our bank required us to set up a custodial account. Might be easiest if he writes the checks to you "as custodian for" each child (like "Jane Smith as custodian for Billy Smith"). This is basically setting up a UTMA/UGMA account which was mentioned above. Just something to think about for the practical side of things!
This is great advice! My dad did the same thing for my kids and wrote the checks directly to them. Our bank wouldn't deposit them without creating custodial accounts. We had to go back and have him rewrite the checks.
As someone who does this regularly, here's my practical advice: only deduct expenses that are DIRECTLY related to your business activities. Don't try to deduct your flight to Italy or your entire accommodation. If you rent a workspace for a day, deduct that. If you take a taxi specifically to a client meeting, deduct that. If you have a business lunch, deduct 50% of that. Keep a separate credit card for business expenses and detailed logs of ALL business activities. Note start/end times, who you met with, and business purpose. Take photos of yourself at business meetings or workspaces as additional documentation. I've been doing this for years with no issues. The problems happen when people try to write off their entire vacation by having one "business meeting.
This is super helpful, thanks! So it sounds like I definitely shouldn't try to write off my flights to Italy or back, but the specific expenses while I'm there for business purposes would be okay. Do you recommend any specific apps for tracking the expenses while I'm traveling? I'm worried about keeping all those foreign receipts organized.
I use Expensify for tracking business expenses abroad - it has receipt scanning that works well with foreign receipts and lets you categorize everything immediately. The automatic exchange rate conversion is also super helpful so you don't have to manually calculate everything back to USD. Take photos of ALL receipts immediately because some foreign receipt paper fades quickly. Also, create a simple daily log in Notes or Google Docs where you record the business activities for each day - who you met with, what you discussed, and the business purpose. I also drop a pin on Google Maps for each business meeting location as additional documentation. This level of detail has kept me audit-free for 7 international trips with business components.
Don't overthink this! The IRS rules on business expenses apply the same way whether you're in Kansas or Kyoto. What matters is if the expense is ordinary and necessary for your business, not what country you're in or what visa you have. I write a travel blog and deduct parts of my trips all the time. The key is DOCUMENTATION and PRORATION. If 3 days of your 21-day trip are for business, you can deduct those specific expenses, but not the other 18 days or your flights. And seriously, stop worrying about the tourist visa thing. The IRS cares about proper reporting of income and expenses, not whether you technically violated another country's visa rules.
Another thing to consider - I went through this with Malaysian insurance policies - is whether these accounts might be considered foreign grantor trusts requiring Form 3520/3520-A filings. Some Asian insurance products are structured in ways that trigger these requirements under US tax law. The penalties for missing these forms are MUCH higher than FBAR penalties ($10,000 minimum), so definitely figure this out before just amending FBARs. In my case, I had to file delinquent 3520s along with my streamlined disclosure.
I hadn't even considered the trust angle! Do you know what specific features of your Malaysian policies triggered the 3520 requirements? Were they whole life policies with investment components or something else? This adds a whole new layer of complexity I need to look into.
My policies were whole life with investment components, but what triggered the 3520 requirements was the specific contractual structure. The policies were technically held in a separate account managed by trustees, even though I was the beneficiary. Some Asian insurance companies use trust structures for tax efficiency in their local markets, not realizing it creates a nightmare for US taxpayers. Look for any mention of "trust," "trustee," or separate legal entities in your policy documents. If your partner directly owns the policies in their name, you might be safe from 3520 requirements, but if there's any intermediary entity, that's a red flag.
Has anyone here dealt specifically with determining if the cash value growth in these policies should be reported annually as income? My accountant says yes, but my financial advisor in Hong Kong insists these shouldn't be taxable until withdrawal under Hong Kong-US tax treaties.
Unfortunately, your Hong Kong advisor is likely applying HK tax rules, not US ones. The US-HK tax agreements don't provide the protection they're suggesting. For US tax purposes, foreign life insurance policies rarely qualify for the same tax-deferred treatment as US policies. The annual growth (inside buildup) of cash value in foreign policies is generally taxable phantom income for US taxpayers unless the policy meets strict requirements under IRC 7702. Almost no foreign policies meet these requirements since they're designed for their local markets. Your accountant is probably right about reporting the growth.
Beyond the tax issues everyone mentioned, there's a practical consideration: many legitimate brokers won't open accounts for Cayman entities with US beneficial owners because of the compliance burden. I tried this route last year with Interactive Brokers and TD Ameritrade International - both rejected my application when they discovered I was the US owner behind the Cayman company. The brokers that WILL take this arrangement often have other issues - poor execution, higher fees, limited platform features, etc. So you might save on taxes (illegally) but lose that money in trading inefficiency.
Did you find any brokers that would accept the arrangement? I'm curious which ones actually allow this type of setup, even if they're not the best platforms.
I found a few smaller brokers in places like Belize and Vanuatu that would accept the setup, but their platforms were terrible compared to what I was used to. Delayed quotes, wide spreads, and sketchy withdrawal processes that sometimes took weeks. One broker I tried had such bad execution that I calculated I was losing about 3-4 pips on every trade just from slippage. When you're trading frequently, that adds up to more than what you'd save in taxes, even if the setup were legal (which it isn't).
Have you considered trading futures instead of forex? I switched from forex to futures trading and found much better tax treatment under Section 1256 contracts which are taxed at 60% long-term and 40% short-term capital gains rates, no matter how long you hold them. This gave me a blended tax rate of about 27% vs the 37% I was paying on forex trading. No offshore structures needed, completely legal, and actually SAVES on your tax prep costs. I use TradeStation and they provide all the necessary tax documentation automatically.
That's really interesting! I hadn't considered futures. Does this apply to currency futures specifically? And would I need to make any special elections on my tax return to get this treatment?
Yes, currency futures specifically get the 1256 treatment. Regular spot forex doesn't qualify unless you make a specific election under Section 988 to treat it as capital assets, and even then it doesn't get the 60/40 split that futures get. You don't need to make any special elections for futures - they automatically qualify for the 60/40 treatment. Your broker will send you a 1099-B showing your futures trades, and you'll report them on Form 6781 (Gains and Losses from Section 1256 Contracts and Straddles). The tax software handles the split automatically.
Kelsey Hawkins
Make sure to double check if you actually exceeded the wage base for Social Security. The letter is probably saying that while you had more than $9,114 WITHHELD in SS tax, you might not have had more than $160,200 in SS WAGES between both jobs. For example, if Job 1 paid you $70,000 and Job 2 paid you $75,000, your total SS wages were $145,000 - which is under the limit, so you wouldn't be entitled to any excess SS tax refund, even though both employers withheld at the 6.2% rate. The only way you're eligible for the refund is if your combined SS wages exceeded $160,200.
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Ali Anderson
ā¢I think you might be right! Looking at my W-2s again, my total wages for the year were around $145,000. I didn't realize that the excess refund was based on exceeding the wage base, not just on the total amount withheld. I thought if the combined withholding exceeded the max, I'd get the difference back regardless of my total wages. So even though I had more than $9,932 withheld between both jobs, I'm not actually entitled to a refund because my total wages didn't exceed $160,200? That explains the IRS letter then.
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Kelsey Hawkins
ā¢Exactly! You've got it now. The excess Social Security tax refund only applies when your total Social Security wages exceed the annual wage base ($160,200 for 2023). The system is designed to ensure you don't pay more than 6.2% on income above that threshold. Since your total wages were around $145,000, which is under the wage base limit, the full 6.2% Social Security tax applies to all your earnings. Even though the combined withholding might seem high, it's technically correct based on your total wages. When you respond to the IRS, simply acknowledge that you misunderstood how the excess Social Security tax rule works, and they should close the case without any penalties since it was an honest mistake.
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Dylan Fisher
I'm confused about something. If the FICA wage limit is $160,200 for 2023, and 6.2% of that is $9,932.40, then why would both employers withhold more than that? Shouldn't they each be checking if you've hit the limit?
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Zadie Patel
ā¢That's the catch with having multiple employers in the same year! Each employer has no way of knowing how much you've earned at other jobs, so they each withhold the standard 6.2% on your earnings up to the $160,200 limit as if they're your only employer. The system is designed this way because employers don't share payroll information with each other. If you work for two employers and earn $100,000 from each in the same year, both will withhold $6,200 in Social Security tax, for a total of $12,400. Since that exceeds the maximum you should pay ($9,932.40), you can claim the difference ($2,467.60) as a refund on your tax return. But this only applies if your TOTAL wages exceed the $160,200 threshold.
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