I stayed in the U.S. for 190 days but still think of myself as foreign. Does that make my stock gains a bigger U.S. tax issue now?
I live in Australia and use a U.S. LLC for an active brokerage account. This year I ended up spending about 190 days in the United States because of family and travel overlap, even though I do not think of myself as having moved there. I now realize that the 183-day discussion for capital gains may be more serious than I first thought.
I am not asking you to decide my whole residency position from one message. I want to know whether the 183-day capital-gains rule is something separate that can still matter even before I sort out the rest of the broader residency analysis.
Related Questions
I am a nonresident and spent only 40 days in the U.S. this year. Are my stock gains usually outside U.S. tax?
I live in Portugal and trade through a U.S. LLC with a normal brokerage account. I was only in the United States for about 40 days this year, and I did not run a U.S. office or anything like that. I k...
My LLC trades through a broker, but it also does a little consulting. Does that break the safe harbor?
I am in Australia and use one Wyoming LLC for two things: a personal trading account through a U.S. broker and a small consulting side business that earned only about $12,000 this year. The trading ca...
I trade options almost every day through my LLC. Does that automatically make me a trader for tax purposes?
I live in Singapore and use a Wyoming LLC for an active options account. I trade most weekdays and my holding periods are usually short, so I have been casually calling myself a trader. The problem is...
If my trading activity fits the broker safe harbor, why do people still mention Form 5472?
I am in India and use a single-member Delaware LLC for active day trading through a U.S. broker. There is no other business activity. I understand the IRS says broker-only trading can avoid U.S. trade...
My forex account is active, but most of the money movement is just me funding the LLC. Does that matter separately?
I am in Germany and use a Wyoming LLC for forex trading through a U.S. broker. Trading volume is high, but there are no employees or side businesses. Most of the non-trading activity is just me wiring...
If my LLC only trades through Interactive Brokers, does that mean I am not in a U.S. trade or business?
I am in Singapore and use a Wyoming LLC mainly for trading U.S. stocks and ETFs through a U.S. broker. There are no employees, no office, and no other business activity. Annual gains vary a lot, but c...
I learned about section 475 after the year started. Did I already miss the election window?
I am in the UK and trade full time through my U.S. LLC. I only recently learned what section 475(f) does, and now I am seeing references that the election deadline arrives before the year it applies t...
My U.S. broker sent a 1042-S instead of a 1099. Is that a red flag or just how foreign accounts are supposed to work?
I am in India and use a foreign-owned LLC for a brokerage account. This year I received a 1042-S instead of the kind of 1099 reporting I see U.S. traders talk about online. That makes me nervous becau...
My broker opened the account but now wants a W-8BEN-E from the LLC. What exactly are they trying to establish?
I live in Hong Kong and use a Delaware LLC for a trading account with U.S. securities. The broker let me move through most of onboarding, but now compliance is asking for a W-8BEN-E and additional ent...
My broker withheld the full 30% on U.S. dividends even though Japan has a treaty. Is that just because the account setup was wrong?
I am in Japan and use a Delaware LLC as a holding vehicle for U.S. dividend stocks. This year the broker withheld the full 30% on dividends, even though I thought the U.S.-Japan treaty might allow a l...
Have a similar question?
ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.
Become a Member — $9.99/moDisclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.
