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One thing nobody's mentioned yet is the 330-day rule that's pretty critical in these cases. Canada doesn't just look at your ties but also at physical presence. If you're physically present in Canada for 183 days or more in the tax year, you're deemed a resident for tax purposes regardless of your ties. Since you moved in October and came back in December for your wedding, count those days carefully. Did you stay in Canada after the wedding for any length of time? Did you make any other trips back to Canada during that period? All those days count toward your physical presence test.
That's helpful, thanks! I moved October 10th and was in the US until December 18th when we returned for the wedding. We stayed in Canada until January 2nd, so that's about 27 days total in Canada for 2024. Sounds like I should be well under the 183-day threshold. Do pre-move days count toward this calculation too? Like, I was obviously in Canada from January-October before moving.
Yes, all days physically in Canada during the calendar year count toward the 183-day threshold, including January-October before your move. So you'd have roughly 9 months plus 27 days, which would put you over the 183-day threshold for 2024. However, this doesn't automatically make you a resident for the whole year. The CRA can recognize a change in residency status during the year. For people leaving Canada, they often consider you a part-year resident up to your departure date if you've legitimately established non-residency after that point. This is why your accountants are focusing on your ties after October, because they're trying to determine if you successfully established non-residency upon your departure.
Has anyone mentioned form NR73 yet? It's the CRA's determination of residency status form that you can submit to get an official ruling. I filled it out when I moved to Hong Kong for work while my husband temporarily stayed in Canada. The form asks detailed questions about all your residential ties - primary (spouse, home, dependents) and secondary (bank accounts, driver's license, health insurance, etc). The CRA reviews it and gives you a determination that you can rely on.
I'd be careful with NR73. It can be helpful but it's also known to trigger extra scrutiny. My cross-border tax specialist advised against filing it unless absolutely necessary because it essentially puts you on CRA's radar and can lead to additional questions and reviews. Sometimes it's better to take a reasonable position based on your facts and circumstances and be prepared to defend it if questioned, rather than proactively asking for a determination.
Don't forget to look into the Dependent Care Credit too! If your mom qualifies as your dependent for medical purposes AND is physically or mentally incapable of self-care, you might qualify for this credit which is separate from the medical expense deduction. You can claim up to $4,000 in expenses for one qualifying dependent. The credit is based on a percentage of your expenses (between 20-35% depending on your income), so it could be substantial. Look at Form 2441 and IRS Publication 503 for details. This might be better than the medical expense deduction if your AGI is high.
Thanks for mentioning this! I had no idea there was a separate credit. Does this replace the medical expense deduction or can I potentially use both? Also, does it matter that I'm not physically taking care of her myself (since she's in a facility)?
You cannot double-dip by claiming the same expenses for both the Dependent Care Credit and as medical expense deductions. You'll need to choose which is more beneficial based on your overall tax situation. Generally, credits are more valuable than deductions, but it depends on your specific numbers. The good news is that you don't need to physically care for her yourself to claim the Dependent Care Credit. Expenses paid to a care facility qualify as long as part of the expense is for the care of your mom. However, if the facility provides medical care, you need to separate out the cost of care from the medical expense portion if you want to use both benefits for different expenses.
Something important that hasn't been mentioned yet - make sure all your payments for her care go directly to the providers! If you give money to your mom and then she pays the facility or doctors, the IRS might consider that a gift rather than you paying medical expenses. I learned this the hard way when trying to claim my father's expenses.
Is there any way to fix this if you've already been giving the money to the parent? My sister and I deposit money in our dad's account and he pays his care facility.
Don't forget that the specific crypto tax rules might change with each new tax year or IRS guidance update. I've been investing since 2017 and the reporting requirements have evolved constantly. One approach that helped me was using the specific identification method for calculating cost basis rather than FIFO. This lets you choose which "lots" of crypto you're selling, so you can optimize for long-term vs short-term capital gains. Just make sure you have detailed enough records to support this if you're ever audited.
Does specific identification actually save you money compared to FIFO? And how exactly do you indicate which specific coins you're selling when you execute a transaction? It's not like stocks where you can pick specific shares.
Specific identification can potentially save significant money compared to FIFO, especially if you've bought the same cryptocurrency at very different price points over time. It allows you to strategically "sell" the lots with the highest cost basis first, minimizing your reported gain. You don't need to specify which coins you're selling at the time of the transaction. What matters is your accounting method and documentation. You need to maintain clear records showing the date and time each unit was acquired, your cost basis, the date and time of sale, and the proceeds. This becomes your evidence for using specific identification. Most specialized crypto tax software can help maintain these records and will let you choose which method to apply when generating your tax forms.
Has anyone successfully done like-kind exchanges for crypto before 2018? I have some Bitcoin I acquired in 2017 that I traded for Ethereum back then, and I've been treating it as if the cost basis carried over. But now I'm not sure if that was correct.
The IRS clarified in 2019 that like-kind exchanges (Section 1031) were never applicable to cryptocurrency trades, even before the 2018 tax law change that explicitly limited 1031 exchanges to real estate. Unfortunately, those 2017 crypto-to-crypto trades were taxable events. If you haven't been reporting them correctly, you might want to consider filing amended returns for those years. The statute of limitations is typically 3 years, but it can be extended in certain cases, especially if the IRS considers it substantial underreporting.
One thing no one's mentioned yet - if your employer offers a Flexible Spending Account (FSA) for healthcare, that's another pre-tax option for orthodontic expenses. I used my FSA for my son's braces last year and it saved me a bunch on taxes. Just remember you usually have to use FSA funds within the plan year (some plans offer a grace period).
Is there any advantage to using an FSA instead of an HSA for braces? I have both options at my work and never know which one to pick during open enrollment.
HSAs are generally better since the funds don't expire and you can invest them, but FSAs sometimes make sense if you know you'll have a large expense in that specific year. For braces specifically, one advantage of FSAs is that many allow you to access your full annual election amount at the beginning of the plan year, even before you've made all the contributions. So you could pay a large orthodontic bill in January but the money comes out of your paycheck gradually throughout the year.
I went through this last year with my daughter's braces. The ortho charged $6500 and we had to pay most out of pocket. Make sure you ask the orthodontist for an itemized statement for the FULL treatment plan. My ortho was willing to provide documentation showing we prepaid for the entire treatment even though it spans 2 years. This helped us bunch the expense into one tax year so we could exceed the 7.5% AGI threshold.
Oliver Zimmermann
One thing nobody mentioned - if you're paying these artists through Venmo and then taking your cut, you might actually have "pass-through" income that's treated differently than your commission income. You really should separate these in your books. Let's say Artist gets paid $1000 from Platform, sends you the full $1000 via Venmo, and you keep $200 as your commission and send the artist $800. Your actual income is only $200, not the full $1000, but Venmo might report the full $1000 on your 1099-K. You need good records to show that $800 was pass-through money that isn't actually your income!
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StarSailor}
β’This is really helpful - I hadn't thought about the pass-through issue. In my case, the artists are receiving payment directly from their platforms and then sending me my percentage (usually 15-20%). So if they make $1000, they'd send me $150-$200 via Venmo. Does that simplify things since I'm only receiving my commission portion?
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Oliver Zimmermann
β’That definitely simplifies your situation! Since you're only receiving your commission portion directly, there's no pass-through income to worry about. The full amount you receive through Venmo is indeed your business income that should be reported on your Schedule C. Just make sure you're tracking each payment received with details on which artist it came from, what platform earnings it relates to, and the commission percentage applied. This documentation will help support your reported income if you're ever questioned. It's also smart business practice to send your artists an annual statement showing the total commissions they paid you, both for their records and yours.
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Natasha Volkova
For your Thailand contractors, make sure you're not accidentally violating any treaty stuff! Some countries have specific tax treaties with the US that determine how payments to their citizens should be handled. This gets complicated fast - one reason why proper documentation is super important. Also worth checking if you need to report these payments on a separate form - sometimes Foreign Contractor payments have additional reporting requirements beyond just deducting them on Schedule C.
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Javier Torres
β’This might be overkill for small payments though. I pay VAs in the Philippines less than $5k each per year and my accountant said as long as I have good documentation of the work performed and payments made, I don't need to worry about additional foreign reporting forms. Might depend on the dollar amount?
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