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Something nobody has mentioned yet - make sure you understand if you'll be staying tax resident in Ireland or becoming tax resident in the UK. This has massive implications! In the UK, you're typically considered tax resident if you spend 183+ days there in a tax year. Since you mentioned being in Scotland for 7 months (~210 days), you'd likely become UK tax resident. However, Ireland has its own residency tests too, so you could potentially be considered tax resident in both countries. This is where the Ireland-UK tax treaty comes in to determine which country has primary taxing rights. Also, keep in mind that the UK and US tax years are different! UK tax year runs April 6 - April 5, while US is calendar year. Makes things even more complicated when you're trying to calculate time spent in each place.
That's a really important point I hadn't considered. So even though I'd be working for a US company, I could end up being a UK tax resident because of the 183+ days rule. Do you know if there's any way to maintain Irish tax residency instead, since that's where my permanent home would still be?
You could potentially maintain Irish tax residency by ensuring you spend enough time in Ireland and limiting your time in Scotland to under 183 days per UK tax year. Ireland has a similar 183-day rule, but also considers other factors like maintaining a permanent home there. One approach some people use is careful day counting across tax years - for example, spending just under 183 days in the UK in each UK tax year, but timing it so those days fall across two different Irish tax years. This requires very careful planning and documentation of your whereabouts. Keep in mind though that if you're physically performing the work in Scotland, the UK will have taxing rights on that income regardless of your residency status. The difference is that as a UK resident, they tax your worldwide income, while as a non-resident, they only tax UK-source income.
Don't forget about social security/national insurance contributions! This is completely separate from income tax and follows different rules. The US has "totalization agreements" with both the UK and Ireland that determine where you pay social security. Generally, if you're temporarily posted to the UK (less than 5 years), you might be able to remain in the US social security system rather than paying UK National Insurance. But since you're not a US citizen, different rules might apply. This is something your employer should definitely help sort out, as getting it wrong can mean either double-paying into two systems or having gaps in your social security coverage.
Really good point about social security! When I moved from Ireland to the UK for work, I was able to get a form from the Irish authorities confirming I was still covered under the Irish system, which meant I didn't have to pay UK National Insurance. I believe it was called Form E101 or something similar. Worth looking into!
Speaking from personal experience with unfiled taxes (though not as many years), your spouse needs to understand that the "I'll deal with it later" approach is what got them into this mess and will only make things worse. Interest and penalties continue to accrue DAILY. A few practical steps besides the excellent advice already given: 1) Immediately start gathering all financial records - bank statements, 1099s, W2s, investment statements, crypto exchange records, etc. 2) Start living more frugally NOW - you're going to need cash flow for payments 3) Consider filing "married filing separately" for any returns you file while this is being resolved 4) Look into the IRS Fresh Start program which can help with penalty relief Don't let her minimize this - $400k+ in tax debt is life-altering. The IRS can put liens on everything you own, which will destroy your credit and make future financial moves nearly impossible.
Thank you for the practical advice. When you say "gathering all financial records" - what about for years where we might not have complete records anymore? Especially for the crypto stuff, I don't think she's kept detailed records of trades from years ago.
For missing records, you'll need to reconstruct as much as possible. For traditional income, you can request wage and income transcripts from the IRS that show reported W-2s and 1099s. For bank accounts, most banks provide at least 7 years of statements if you request them. For crypto, this is trickier but not impossible. Major exchanges like Coinbase, Binance, etc. usually maintain your transaction history even from years ago. She should log into all platforms she's used and download complete transaction histories. There are also specialized crypto tax services that can help reconstruct trading histories by analyzing blockchain transactions if you know the wallet addresses. Some of these can even identify trades across multiple platforms and calculate proper cost basis. The key is to make a good faith effort to reconstruct everything. The IRS understands that records might be incomplete, but they'll expect you to make reasonable attempts to recreate them. This is definitely an area where professional help is worth the cost.
I'm curious why the IRS hasn't caught up with your spouse yet, especially with a private equity job that surely issues W-2s. My bet is they actually have sent notices, but maybe to an old address? The IRS usually sends multiple notices before taking serious collection action. It's possible they've been sending mail that she hasn't received or has been ignoring. Ask her directly if she's received ANY communication from the IRS over the years.
This is exactly what happened to my cousin. He moved several times and wasn't filing, so he never got the notices. By the time they finally tracked him down, the penalties and interest had nearly tripled the original amount owed. The IRS doesn't just "forget" about people - they're just working through their backlog.
There's actually another wrinkle to the QBI calculation that nobody has mentioned yet. If your total taxable income (after standard/itemized deductions) exceeds certain thresholds ($170,050 for single filers or $340,100 for joint filers in 2022), the QBI deduction calculation gets more complicated with phase-outs and limitations. In those cases, your QBI deduction might be limited to either 20% of qualified business income OR 20% of taxable income minus net capital gains, whichever is LESS. And if you're in certain specified service businesses and over the threshold, it gets even more complex. Just wanted to throw that out there in case anyone reading is a higher earner!
Oh wow, I had no idea there were income thresholds that could complicate this further! Thankfully I'm nowhere near $170k with my side gig, but good to know for the future. Are these thresholds adjusted for inflation each year?
Yes, these thresholds are adjusted for inflation annually. For 2023 they increased to $182,100 for single filers and $364,200 for joint filers. For 2024 they're $191,950 for single and $383,900 for joint filers. The whole QBI system is probably one of the most complex parts of the Tax Cuts and Jobs Act. For most small side-hustlers with 1099 income well below these thresholds, the calculation is relatively straightforward as discussed earlier. But it definitely gets much more complicated once you hit those higher income levels!
Has anyone else noticed that the QBI thing is kinda confusing on purpose? like the gov doesn't want small business owners to get the full deduction? i did my taxes with three different software programs last year and got three different QBI numbers. ended up paying an accountant who found even more deductions the software missed.
I think it's intentionally complicated to benefit big corporations with accounting departments. When I finally figured out the right QBI calculation, it saved me almost $700! But I spent like 10 hours researching it. Regular people don't have time for that and just accept whatever TurboTax tells them even if it's wrong. The system is rigged.
Yeah that's a good point about big corporations having an advantage. The 10 hours you spent researching probably cost you more in lost time than you saved! But that's how they get us - make it just complicated enough that we either give up on deductions we deserve or pay someone else to figure it out.
15 Has anyone used TurboTax for this international spouse situation? I'm wondering if it can handle the whole "married filing separately with NRA spouse" thing properly? My wife is Brazilian and still lives there, but we're planning to file US taxes next month.
7 I tried TurboTax last year with my Korean husband. It works but you have to know what you're doing. When it asks for your spouse's SSN, you can't just leave it blank - you have to type "NRA" and then it'll let you proceed. It also gets confused about the residency test questions so you might need to override some of their recommendations.
15 Thanks for the tip about typing "NRA" in the SSN field! I didn't know that was an option. Did you have any issues with state taxes as well, or just federal? I'm in California which seems to have its own complicated rules for everything. I'm a bit concerned because my wife might have some minimal US-source income from an investment account we opened together last year. Does that complicate things further?
3 Just a warning to anyone in this situation - if you choose Married Filing Separately, you lose several tax benefits: - No student loan interest deduction - No education credits - Much lower IRA contribution limits - No earned income credit - No child and dependent care credit I discovered this the hard way with my Argentinian wife. We ended up getting her an ITIN and making the election to file jointly, because the benefits outweighed the hassle of extra paperwork.
18 Wait really? I didn't know about losing all those benefits! I've been filing separately from my Ukrainian husband for 3 years now and I claim both student loan interest AND education credits. Are you sure about this?
Chloe Anderson
I'm a DIY tax filer who switched to a CPA three years ago when I started a side business and got into investing. My two cents: Pros of using a CPA: - Found deductions I didn't know existed - Saved me HOURS of research and stress - Peace of mind knowing it's done right - Year-round tax planning advice - Helped structure my business to be more tax-efficient Cons: - Expensive ($650 for my returns) - Still had to organize all my documents - Some CPAs are better than others (my first one sucked) For me it was worth it once my income hit six figures and I had multiple income sources. The deductions my CPA found paid for her fee twice over.
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Diego Vargas
ā¢How much prep work do you still have to do before meeting with your CPA? Do you have to categorize all your expenses or do they do that for you?
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Chloe Anderson
ā¢I still have to do quite a bit of prep work. I organize all my income documents (W-2s, 1099s, investment statements), categorize my business expenses in a spreadsheet, and summarize any major financial changes from the previous year. For business expenses, I do the initial categorization (office supplies, travel, meals, etc.), but my CPA often reclassifies some items to more advantageous categories I wouldn't have known about. She doesn't do basic bookkeeping - that would cost significantly more. The more organized you are, the less you'll pay because they bill by the hour. The real value comes from their knowledge of the tax code, not data entry work.
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CosmicCruiser
Everyone's talking about CPAs, but I've had great experiences with Enrolled Agents (EAs) who often charge less but are still licensed tax professionals. Mine charges $275 for my return with business income and investments, compared to the $500+ most CPAs wanted.
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Anastasia Fedorov
ā¢I've never heard of Enrolled Agents. What's the difference between them and CPAs? Are they as qualified to handle complex situations?
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