[an error occurred while processing this directive] Tax Prophet FAQ: February, 2003 [an error occurred while processing this directive] The Tax Prophet February, 2003 FAQ [an error occurred while processing this directive] February 2003   [an error occurred while processing this directive] [an error occurred while processing this directive]   Sec. 1031 Exchange Time Limits
  Foreign Residency Exclusion
  Separate Property Income
  Offshore Companies
  S Corporation Distributions
[an error occurred while processing this directive][an error occurred while processing this directive] [an error occurred while processing this directive] I just completed a 1031 exchange in which I traded a five-unit apartment building for a single-family dwelling. How long must I rent the single-family dwelling to comply with exchange rules? Eventually, I want to occupy the house as my personal residence. [an error occurred while processing this directive] IRC Sec 1031 does not contain express time periods. Most advisors suggest that you rent out the replacement property (in your case, the single-family dwelling) for at least one year. Make sure you treat the property as a rental, which means applying for a mortgage and insurance as a rental and not as your principal residence and actively marketing and renting the property. [an error occurred while processing this directive] The Tax Prophet's Tax Class on Real Estate Taxation [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive]I am a singer on a cruise ship and have been out of the U.S. for over 330 days this past year, traveling around the world. What is my "principal country of residence" for purposes of Form 2555 (Foreign Residency Exclusion)? [an error occurred while processing this directive] Unfortunately, you are probably not a resident of a foreign country, a prerequisite to claiming the foreign earned income exclusion. The foreign residency exclusion applies to the first $84,000 of earned income while a U.S. taxpayer is a resident of a foreign country. In general, to qualify you must spend at least 330 days during a consecutive 12-month period as a resident of a foreign country.

If there is a foreign country where you spend your non-working time, that would probably be your country of residence. A ship is not a country and there have been cases denying the foreign earned income exclusion for those working on ships because they do not have a foreign country of residence. [an error occurred while processing this directive] The Tax Prophet's Section on Foreign Taxation [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive] We live in a community property state and I have substantial separate property. Should the tax generated from separate property income be paid from the separate property income if a joint return is used? [an error occurred while processing this directive] It is not necessary to pay the tax arising from the income generated by separate property with separate property funds, although there could be non-tax community property issues that arise if community or marital property assets are used to pay taxes on separate property income.

A joint return can be filed regardless of whether the couple's income is considered separate property or community property under state law concepts. Filing a joint return does not transmute separate property into community property. [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive] What are the U.S tax benefits of forming an offshore company? [an error occurred while processing this directive] This can be a complicated issue. For a U.S. taxpayer with income from U.S. sources, an offshore company is usually and expensive waste of time. For a non-U.S. taxpayer, a properly structured offshore company could have certain tax advantages, especially to eliminate estate taxes.

For a person engaged in business with partly U.S. source and partly non-U.S. source income, there could be advantages to an offshore company if non-U.S. taxpayers own a majority of the company, measured by vote and value. [an error occurred while processing this directive] The Tax Prophet's Section on Foreign Taxation [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive] [an error occurred while processing this directive] My husband owns a cleaning company that has been set up as an S Corporation (taxed as a "flow-through entity). When he takes draws out of the company, how are they classified? Are they owner draws or dividends or something else? [an error occurred while processing this directive] Technically, they are "something else" although people often refer to distributions as "dividends." Your husband is either paid a salary or he receives a salary, plus taxable income at the end of the year which he takes into income. His "draws" from the business during the year are not decisive from a tax standpoint. He must report his pro-rata share of the income from the business, whether or not he actually receives draws throughout the year on this amount. The S corporation reports a shareholder's pro-rata share of income and losses on a K-1 form. [an error occurred while processing this directive] The Tax Prophet's Tax Class on Small Business taxation[an error occurred while processing this directive][an error occurred while processing this directive][an error occurred while processing this directive]