Oh wow, I had no idea about the FBAR thing. Do they file that with the IRS or someone else? And how does that work if they don't have SSNs? The account will definitely go over $10,000 since they're using it for their business income.

FBARs are actually filed with FinCEN (Financial Crimes Enforcement Network), not the IRS, using FinCEN Form 114. Your parents can use their foreign tax ID (whatever Panama uses) on the form instead of a SSN. They'll need to file it electronically through the BSA E-Filing System. For non-US persons, this is purely a reporting requirement, not a tax. The US government just wants to know about foreign persons with significant US accounts as part of anti-money laundering efforts. The deadline is April 15th but there's an automatic extension to October 15th if you miss it. Penalties for non-filing can be steep though, so definitely make sure they look into this!

This is a really important point. The substantial presence test counts days over a 3-year period with a weighted formula. If they hit 183 equivalent days, they could be considered US tax residents and have to report worldwide income. I've seen this happen to several clients who were completely caught off guard.

Is there a specific form or worksheet where we calculate this split between immediate deduction and amortized points? My loan officer never mentioned this and I used $35k from my refi last year for a bathroom remodel.

There isn't a specific IRS form just for this calculation. You'll need to determine what percentage of your loan was used for home improvements, then apply that percentage to your total points paid. For your situation with $35k used for the bathroom, you'd calculate what percentage that is of your total refinance amount. If your total loan was $300k, then about 11.7% of your points could be deducted immediately. You'd include the immediate portion with your other itemized deductions, and create a simple worksheet showing your calculation in case of audit. The remaining 88.3% would be spread over the loan term.

There's no minimum amount specified by the IRS for the home improvement exception. Whether it's $8k or $80k, the same rule applies - the portion used for home improvements can have points deducted immediately. Just make sure you keep good records of the renovation expenses to prove how the money was used.

I had no idea about penalty abatement! Would that work even though it's been so long since the original due date? And do I need to have the return filed first before I can request this?

Yes, you can still request penalty abatement even after a significant delay. The IRS doesn't have a strict deadline for requesting abatement, though they're generally more receptive when you're actively trying to resolve the situation by filing your return and making payment arrangements. You absolutely need to file the return first before requesting any kind of penalty abatement. The IRS won't consider penalty relief on unfiled returns. Once your return is filed, you can request First-Time Penalty Abatement if you had a clean compliance history for the three years prior to 2021. If you had legitimate reasons for not filing (serious illness, natural disaster, etc.), you could alternatively request Reasonable Cause abatement with supporting documentation.

Those calculations seem high. Doesn't the failure-to-pay penalty cap at 25% just like the failure-to-file penalty? I thought the combined penalties couldn't exceed 47.5% of the original tax.

Thanks, that's really helpful about the lump sum election. I hadn't even thought about the tax implications of getting disability backpay. Do you know if I would need to file amended returns for the previous years in that case, or is it handled differently?

You don't need to file amended returns for the previous years with a lump sum election. Instead, when you file your taxes for the year you receive the backpay, there's a special calculation that's done on that year's return. The SSA will send you a letter (SSA-1099) showing how much of your payment applies to each previous year. Your tax preparer (or tax software) can then use this information to calculate your tax as if the income had been received in those earlier years, potentially putting you in a lower tax bracket for the lump sum. It's a bit complex, but any tax professional familiar with disability claims should know how to handle it. And definitely keep all documentation about your medical expenses, as some of those might be deductible as well.

I second the VITA suggestion. I used them when I was in college and they were great. Just make sure to bring all your documentation - they'll want to see your ID and social security card, plus any income info you have (even if it's just printouts from the survey sites showing your earnings).

Do mortgage points get deducted all at once in the year you buy, or do they have to be spread out over the life of the loan? I've heard conflicting info.

Points can be tricky. For your main home, if the points meet certain IRS criteria, you can deduct them fully in the year you paid them. Otherwise, you have to spread the deduction over the life of the loan. To deduct them all at once, the points need to be for your primary residence, be a standard practice in your area, not be excessive, and a few other requirements. If it's a refinance rather than a purchase, you typically have to amortize the points over the loan term.

I always get confused about whether I should itemize or take the standard deduction. Is there an easy way to know which is better without doing all the work to itemize first?