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As someone who deals with this regularly, here's what you need to understand: the 1099 is just an information return. For US citizens, that interest gets reported on Schedule B and is taxable income. For non-resident aliens, if you're from a country with a tax treaty that exempts bank deposit interest, you need to: 1) Submit W8BEN to your broker (should be done before they issue 1099s) 2) File Form 1040NR if required 3) Include Form 8833 to claim treaty benefits If your broker already submitted the incorrect 1099 to the IRS, you'll need to file a return to claim the exemption or they'll eventually send you a notice about unreported income.
What's the deadline for filing the W8BEN? I have a similar situation but my broker keeps saying they need extra documentation beyond just the W8BEN form and I'm getting worried about timing.
Technically the W8BEN should be on file before any payments are made to you, but you can submit it anytime. It's valid for three years from the date signed unless your circumstances change. Some brokers do require supporting documentation like a certificate of residence from your home country's tax authority or copies of your passport/visa. This varies by institution and sometimes depends on the amount of money involved. If they're asking for extra documentation, it's best to provide it quickly rather than argue, as they can withhold at the full 30% rate without proper documentation.
I'm confused about something else related to this - I have interest from a savings account (about $350 last year) but never received a 1099. Do I still need to report this? Does the bank report it to the IRS even without sending me a form?
Yes, you absolutely need to report it even if you didn't receive a form! Banks only send 1099-INTs when the interest is $10 or more, but ALL interest income is taxable and must be reported on your return. And yes, the bank almost certainly reported it to the IRS under your SSN even if they didn't send you a form. If you don't report it, you might get a letter from the IRS later asking about the discrepancy. It's not worth the hassle over a small amount - just include it on your Schedule B.
One thing nobody's mentioned yet - make sure your S-corp election (Form 2553) was properly filed and accepted. If the IRS didn't process your S-corp election correctly, you could technically still be taxed as a C-corp or disregarded entity, which would completely change how distributions are treated. I learned this the hard way after thinking I was an S-corp for 2 years but then finding out my accountant never confirmed the election was accepted. Had to go back and fix everything. The IRS should send a confirmation letter - if you don't have that, double-check your status before making any distribution plans.
That's a really good point I hadn't considered. I do have the confirmation letter from the IRS acknowledging my S-corp election, so I should be good on that front. But it's definitely something important to verify. Do you know if there's any specific form I should use to document the distributions to myself when I file my taxes? Or does it just flow through automatically on the K-1?
Good to hear you have your confirmation letter! For documenting distributions, they'll show up on your Schedule K-1 (Form 1120-S) in Box 16, Code D. There's no separate form you need to file specifically for the distributions. The K-1 will flow to your personal tax return. Just make sure you maintain good corporate records with minutes documenting the distribution approval. Also keep a running basis worksheet so you can track your basis from year to year - this becomes really important if you ever put additional money into the business or take distributions larger than a single year's profit.
Quick note on reasonable salary since that's often related to this question - the IRS doesn't have a specific formula for what counts as "reasonable" but your $102k sounds pretty solid assuming it's comparable to what others in your industry/position would make. I've seen the rule of thumb that distributions shouldn't exceed salary, but that's not an actual IRS rule.
Yep and industry matters a lot! For example, if you're in a service business where YOU are the primary value (consultant, lawyer, doctor), you generally need a higher salary percentage compared to someone in a capital-intensive business. I've seen the IRS successfully challenge cases where professionals tried to take 30% as salary and 70% as distributions.
Don't forget to check if your state/county offers any small business exemptions. Here in Texas, we have a "Freeport Exemption" and a "De Minimis Exemption" that can reduce or eliminate business personal property tax in certain cases. I didn't know about either one until my third year in business and had been paying unnecessarily. Also, keep REALLY good records of when you buy equipment and how much you paid. I learned this the hard way when I had to estimate values and ended up overpaying. Create a simple spreadsheet now with all your business assets, purchase dates, and costs - you'll thank yourself every year at filing time!
Is there an easy way to find out about these exemptions? The forms I got don't mention anything about potential exemptions for small businesses.
The easiest way is to go directly to your county assessor's website and look for a "Business Personal Property" or "Exemptions" section. They often have PDFs explaining what's available locally. If that doesn't work, try calling your state department of revenue - they usually have the most comprehensive information. Local exemptions aren't always well-advertised, which is unfortunate but common. Sometimes local business development centers or SCORE offices also keep guides about local tax exemptions for small businesses. Worth checking all these sources since exemptions can save you hundreds or even thousands depending on your business assets.
The most important thing with business personal property tax is being consistent with your reporting. If you say you have a $1000 computer this year, don't forget about it next year! The assessors actually compare year-to-year filings and will flag inconsistencies. I made this mistake and ended up with an audit. Also, don't include consumables like office supplies that get used up within a year. Only report durable goods (furniture, computers, machinery, etc.) that have multi-year lifespans. And if you're working from home, only include the percentage of items used for business - though honestly, for a home office I'd just report 100% business use for dedicated equipment to keep it simple.
Has anyone successfully entered a foreign 1099-NEC in TurboTax? I'm having the same issue but with a client in Germany, and wondering if switching from CashApp to TurboTax would help or if I'd run into the same address validation problems.
I used TurboTax last year for a similar situation with a Japanese client. TurboTax let me enter "Foreign" as the country and then I could skip the zip code validation. It took some digging through the help menus to figure it out though - there's a special workflow for foreign addresses.
Don't forget to check if Canada withheld any taxes from your wife's payment! If they did, you might be eligible for a foreign tax credit on Form 1116. This is especially important for larger amounts, but even for $2,700 it could make a difference. Also, since this is consulting work, make sure your wife keeps good records of any business expenses related to this income - home office, supplies, software subscriptions, etc. Those are all deductible on Schedule C against this income.
Oscar O'Neil
Just to add another perspective - if your partnership agreement allows it, you could also consider having the company reimburse you for these expenses through an "accountable plan." This way the company gets the deduction (which flows through to you proportionally) but you're not taxed on the reimbursement. Might be the best of both worlds in some situations.
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Sara Hellquiem
ā¢Does the accountable plan approach require any special documentation? I've heard mixed things about how formal it needs to be.
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Oscar O'Neil
ā¢An accountable plan does require proper documentation, but it's not overly complicated. You need to have a written policy that requires business connection for expenses, timely submission of expenses (generally within 60 days), and returning excess reimbursements within a reasonable timeframe (usually 120 days). You'll need to keep receipts and document the business purpose of each expense. The plan itself can be as simple as a one-page document outlining these requirements that's approved by the partnership. The key is consistent enforcement - you can't just reimburse expenses without following the documentation requirements you establish.
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Charlee Coleman
What about the square footage calculation for a home office? I've never been clear on this - do you have to measure the exact space or can you just use the percentage of rooms in your house?
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Liv Park
ā¢You need to measure the actual square footage of your dedicated office space and divide by the total square footage of your home. So if your office is 150 sq ft and your home is 2000 sq ft, you'd use 7.5%. Using "number of rooms" isn't accurate and could get flagged.
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