


Ask the community...
Something I learned the hard way after a few years running my production company - make sure you're tracking your state film incentives properly! Depending on your state, these can be tax credits, rebates, or grants, and they're all treated differently for tax purposes. I'd recommend creating a separate tracking system just for incentives and credits. Also, if you're filming in multiple states, you might need to file taxes in each of those states if you meet their thresholds. And please don't forget about sales tax! Some states require you to pay sales tax on production equipment and services, while others have exemptions for qualified productions. Worth checking before you make big purchases.
Do film tax credits count as income in the year you receive them? I'm getting a small incentive payment from my state film commission next month for a project I completed last year, and I'm not sure if that's 2024 income or if I should have somehow accounted for it in 2023.
The timing of film tax credit recognition generally depends on when you have the legal right to receive the payment. If your production was completed last year but the credit wasn't approved until this year, it's typically 2024 income. However, it also depends on your accounting method. If you're using the cash method (most small productions do), you'd report it as income when you actually receive the payment. If you're using the accrual method, you'd record it when you earned the right to receive it. Since it sounds like the state is just now processing your payment for last year's work, this would likely be 2024 income. But definitely confirm this with your accountant since tax credit treatment varies by state and situation.
Don't forget about tracking non-cash compensation! If you're giving crew members credit in the film or rights to use footage for their reels in lieu of some payment, technically that has value. Same with giving people copies of the film or other perks. I learned this when I got audited two years ago. The IRS questioned why some of my "staff" didn't receive 1099s despite being listed in credits. It became a whole thing about whether their compensation fell below reporting thresholds when including non-cash benefits. Now I document EVERYTHING - meals provided, equipment they get to use, credit value, etc. Better to have too much documentation than not enough!
That's wild, I never would have thought about credit as compensation! How do you even calculate the value of a film credit for tax purposes? Is there some kind of standard rate card for that?
Just want to add something that nobody mentioned yet - make sure your invoice or W9 form matches EXACTLY how your name appears on your tax registration. I had this issue because my FEIN was registered under "John Q Smith Consulting" but my invoices just said "John Smith Consulting" - that tiny difference caused payment rejections. For a sole prop, the safest approach is to use your SSN and your exact personal name as it appears on your Social Security card, then "doing business as" your business name. That's worked for me with all clients for the past 5 years without any kickbacks from payment systems.
That's really helpful. So for my invoices, should I format it as "My Full Name dba Business Name" and then just use my SSN on the W9 form? Or should I include both the SSN and FEIN on different parts of the form?
You should format it exactly as "Your Full Legal Name dba Business Name" on your invoices, and then on your W9, check the "Individual/sole proprietor" box, use your personal name on the "Name" line, your business name on the "Business name/disregarded entity" line, and your SSN in part I. You can include your EIN in Part II if you want, but it's cleaner to just use your SSN for everything unless you specifically need the EIN for something like business banking. This way, everything matches what the IRS has on file for you personally, which prevents these verification hiccups.
quick question - does anyone know if having this kind of EIN/SSN mismatch trigger any kind of audit flags with the IRS? I'm dealing with the same issue and now I'm worried this might cause bigger problems down the road
Another thing to consider with your plan: FBAR requirements for your Canadian accounts. As a green card holder, you'll need to file FinCEN Form 114 annually to report your foreign financial accounts if their aggregate value exceeds $10,000 at any point during the year. Also, be cautious with your TFSA. While it's tax-sheltered in Canada, the US doesn't recognize its tax-free status. Any income earned in your TFSA will be taxable on your US return, which is why closing it before becoming a US resident is a good move. Have you considered the implications for any Canadian retirement accounts like RRSPs? Under the treaty, you can defer US taxation on RRSPs, but you need to file Form 8891 to make this election.
Thank you for bringing up these important points! I have about $35K combined in my Canadian accounts, so I'll definitely need to file the FBAR. You're right about the TFSA - that's exactly why I'm planning to close it before October. Regarding RRSPs, I do have about $80K in an RRSP. I wasn't aware of Form 8891 - does that need to be filed annually or just once?
The good news is that Form 8891 was actually eliminated in 2014! The IRS now automatically recognizes the tax deferral for RRSPs under the US-Canada tax treaty without requiring a specific form. You'll still need to report the existence of the RRSP on your FBAR and potentially on Form 8938 (Statement of Foreign Financial Assets) if you meet the filing threshold, but the income can continue to grow tax-deferred. One other consideration for your plan: make sure you've researched any state-specific requirements. California, for example, doesn't always follow federal treatment of foreign income and may have different rules regarding your Canadian accounts and investments compared to federal regulations.
Have you factored in potential "exit tax" implications when leaving Canada? If the fair market value of your worldwide assets exceeds CAD $1.6 million at the time you become a non-resident, you might be subject to a deemed disposition of your property, potentially creating additional tax liability.
This is incorrect information. Canada doesn't have an "exit tax" in the same way as the US. What Canada has is a deemed disposition rule where certain properties are treated as if they were sold at fair market value when you cease Canadian residency. However, this typically doesn't apply to cash, personal-use property, most registered plans like RRSPs, and certain real property located in Canada.
Thanks for bringing this up. I've been concerned about this potential issue. My total assets are around CAD $1.3 million, so I should be under that threshold. Most of my assets are either in my RRSP, cash, or the condo which I'm planning to sell before becoming a non-resident. Would there be any other assets I should be concerned about for the deemed disposition rules?
22 Just to add another perspective - I'm an accountant and see this situation all the time. The IRS doesn't care if you only did one job or a hundred jobs - income outside of a W-2 employment relationship is considered self-employment income and needs to be reported on Schedule C. The threshold for the payer to issue a 1099-NEC is $600, but your obligation to report income exists regardless of whether proper documentation was provided to you. The IRS considers ALL income taxable unless specifically excluded by law. One thing to consider: since this is over $400 net income, you'll also need to pay self-employment tax on it (the SE tax threshold is lower than the income tax threshold). Make sure you complete Schedule SE along with your Schedule C.
3 Is there any minimum amount for self-employment? Like if someone paid me $50 to mow their lawn once, do I still need to report that? It seems excessive to file all these extra forms for tiny amounts.
22 The technical answer is that if your net earnings from self-employment are $400 or more, you're required to report the income and pay self-employment tax. Below that threshold, you still technically need to report the income on your tax return, but you wouldn't have to pay self-employment tax or file Schedule SE. For very small amounts like $50 from a one-time lawn mowing job, the practical reality is that it's unlikely to create issues if not reported. However, the letter of the law says all income should be reported regardless of amount. As amounts get larger (like the $3,800 mentioned in the original post), the importance of proper reporting increases significantly both for compliance reasons and because the IRS is more likely to notice larger unreported amounts.
11 FYI - I'm a freelance coder and tax preparation software doesn't always handle one-time self-employment situations well. They often try to categorize you as either "fully employed" or "fully self-employed" which creates confusion. If using software like TurboTax or H&R Block, make sure you enter this under "additional income" or "self-employment income" rather than trying to create a whole business entity. You'll need to complete a Schedule C regardless of how small the job was. The important thing is reporting the income correctly - not necessarily fitting into their pre-defined categories. And don't forget about state taxes too! Many states also require you to report self-employment income separately.
2 Which tax software do you think handles this situation best? I'm in a similar boat with just one small freelance project this year.
Carmen Ortiz
I'm also in a community property state (Arizona) and had this exact issue with my husband. Here's what we found out after consulting with a CPA who specializes in this area: 1. For community property states, the legally correct way is indeed to split all community income 50/50 on Form 8958 2. For PSLF purposes, this often creates a problem because even though you're filing separately, your spouse's income effectively gets counted in your AGI 3. Some tax preparers (especially chain preparers) don't understand these special rules well What we ultimately did was hire a CPA who specialized in student loan issues to help us identify which of our income was truly separate property vs. community property. There were actually several things we could legally classify as separate property, which helped minimize the impact. Whatever you decide, just make sure both returns are consistent with each other. The biggest red flag for the IRS is when spouses in community property states report inconsistently on MFS returns.
0 coins
Zara Ahmed
ā¢Thank you for sharing! Did you and your spouse both use the same CPA so they could coordinate both of your returns? And did you have any issues with previous years where you might have filed inconsistently?
0 coins
Carmen Ortiz
ā¢Yes, we definitely used the same CPA for both returns to ensure consistency. That was key to making sure our community property allocations matched up perfectly. Regarding previous years, we had indeed filed inconsistently for two years (similar to your situation). Our CPA advised that we could either amend those previous returns or simply start filing correctly going forward. Since the difference in our case wasn't enormous and we hadn't been audited, we chose to just file correctly going forward rather than opening up old returns. The CPA mentioned that the statute of limitations for most returns is 3 years, so after that time passes, your risk decreases significantly.
0 coins
MidnightRider
Speaking from personal experience in Texas (another community property state), you really need to be careful here. My wife and I did something similar - she reported only her income, I reported only mine - and we got letters from the IRS about two years later. We ended up having to amend both returns and pay some penalties and interest. The IRS specifically cited our failure to properly allocate community income on Form 8958. If I were you, I'd strongly consider: 1. Having your wife amend her return to properly split community income 2. Filing your return correctly (as the preparer suggests) 3. At minimum, making sure both returns use the SAME methodology The inconsistency between your returns is more likely to trigger questions than both of you doing it the same way, even if that way isn't technically correct.
0 coins
Andre Laurent
ā¢How much were the penalties? Was it worth the savings you got on the student loans during that time or did it completely wipe that out?
0 coins