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Has anyone successfully gotten their amended return expedited? Mine has been "in process" for over 10 months now and I need it completed because I'm trying to get a mortgage and the lender needs my correct tax information.
Thanks for the tip! Did you call the regular IRS number or is there a specific taxpayer advocate line? Also, how much faster did your return get processed after you got the advocate involved?
You can call the main IRS number (1-800-829-1040) and ask to be transferred to the Taxpayer Advocate Service, or you can call them directly at 1-877-777-4778. The advocate got involved in my case and my amended return was processed within 6 weeks after that - compared to the 11 months I had already been waiting! Make sure you have documentation of your mortgage application timeline ready when you call. They need to see that there's a genuine hardship situation that requires expedited processing. The advocate will open a case file for you and follow up on the status regularly until it's resolved.
I went through almost the exact same situation last year! Filed my amended return in May 2023 and it didn't get processed until February 2024 - nearly 10 months. The frustrating part is that there's really no rhyme or reason to the timeline. For filing this year's taxes, definitely go with what Oscar said - use your original return numbers for any carryover items or prior year references. I made the mistake of using my amended numbers the first time I tried to e-file this year and it got rejected immediately because the IRS systems didn't match. One tip that helped me: when you do file this year, consider adding a brief note or letter explaining that you have a pending amended return from last year. It won't speed up the amendment processing, but if there are any questions about discrepancies later, you'll have documentation that you were aware of the situation when filing. Also, that interest mentioned by Admin_Masters is real! When my amended return finally processed, I got an extra $127 in interest on top of my original refund amount. At least there's some compensation for the ridiculous wait time.
Double check that the TIN (taxpayer identification number) on your 1042-S matches exactly what's on your 1040NR. I had a case where my university had an old ITIN for me on the 1042-S but I had since gotten an SSN and used that on my tax return. The IRS couldn't match them up even though all the dollar amounts were correct.
This is super important advice! The same thing happened to me with my 1042-S. The amounts matched perfectly but my name format was different (I used my middle initial on one form but not the other). The IRS systems are extremely literal with matching - even spacing between names or hyphens can cause mismatches.
I've been through this exact situation and it's absolutely maddening! The good news is that these 1042-S matching issues are usually resolvable, but they do require some patience. A few things to check immediately: 1) Make sure your SSN/ITIN on the 1042-S matches exactly what you used on your 1040NR. Even if you recently switched from ITIN to SSN, if your withholding agent still has your old number on file, that could be the culprit. 2) Since you mentioned getting a reissued 1042-S, there's a real possibility that your withholding agent accidentally submitted BOTH versions to the IRS - the original and the corrected one. This would show up as duplicate reporting and could trigger the discrepancy notice. 3) When you contact your withholding agent, ask them specifically to verify: a) What version they submitted to the IRS, b) The exact dollar amount in box 7, c) Your name spelling and TIN as it appears on their submission. The IRS notice should include a phone number for questions about the discrepancy. While their phone lines are notoriously difficult to reach, if you can get through, they can tell you exactly what 1042-S information they have on file for you. This eliminates the guesswork about what went wrong. Don't panic - I've seen these resolved in the taxpayer's favor more often than not, especially when the amounts actually do match correctly like in your case.
This is really helpful advice, especially about checking for duplicate submissions! I never would have thought that getting a reissued form could actually create more problems. One quick question - when the IRS says they're going to "reduce or eliminate" the withholding credit, does that mean I could end up owing money even if I actually had the correct amount withheld? That's what's really stressing me out about this whole situation. Also, do you know if there's a deadline for responding to these discrepancy notices?
Great question about CPA firm exemptions! Yes, your CPA firm is likely correct that they're exempt from 1099 reporting if they're incorporated as a corporation. This is one of the most common exemptions business owners encounter. Here's what you should do to stay compliant: Even though they're exempt, you should still request and keep a completed W-9 form from them. This serves as your documentation that they claimed exemption status, which protects you if the IRS ever questions why you didn't issue a 1099 to a vendor you paid over $600. The W-9 will show their business structure and tax classification. If they're a corporation (C-corp or S-corp), they'll be exempt from 1099-NEC reporting for services. The main exceptions where corporations DO need 1099s are payments to medical corporations, attorneys/law firms, and a few other specific categories. For future reference, always collect W-9s from all vendors regardless of whether you think they need a 1099. It's much easier to have the paperwork upfront than to chase it down later during tax season. This way, you'll have proper documentation of everyone's status and can easily determine who needs what forms.
This is really helpful advice! I'm just starting my own small business and had no idea about the W-9 requirement even for exempt vendors. Quick question - when you say "collect W-9s from all vendors," does that include one-time purchases too? Like if I buy office supplies from a local store once for $800, do I need their W-9 even though it's retail? Or is this mainly for service providers and contractors?
Great question! You only need W-9s for service providers and contractors, not for retail purchases or goods. The 1099 reporting requirements apply specifically to payments for services, not for purchasing products or merchandise. So in your office supplies example, you wouldn't need a W-9 from the local store even if you spent $800, because you're buying goods (office supplies) rather than paying for services. The 1099 rules focus on service payments - things like consulting, freelance work, professional services, repairs, maintenance, etc. However, if that same local business provided you with a service (like setting up your office furniture or consulting on your office layout), then you would need their W-9 for any service payments over $600. It's all about the nature of what you're paying for: services require 1099s and W-9s, goods/products generally don't. This distinction helps keep your paperwork manageable while still staying compliant with IRS requirements!
This is such a common confusion for small business owners! Your CPA firm is absolutely correct - if they're incorporated as a corporation, they are exempt from 1099 reporting requirements. This applies to both C-corps and S-corps. However, I strongly recommend still getting that W-9 from them. Even though they told you they're exempt, having their completed W-9 on file serves as your official documentation of their exempt status. This protects you if the IRS ever questions why you didn't issue a 1099 to a vendor you paid over $600. The key thing to remember is that while most corporations are exempt from 1099 reporting, there are important exceptions. You still need to issue 1099s to corporations that are: - Medical/healthcare providers - Attorneys and law firms - Certain other specific categories Since accounting services don't fall into these exception categories, your CPA firm would indeed be exempt if they're incorporated. Going forward, I'd suggest collecting W-9s from all service providers regardless of their status. It's much easier to gather this paperwork upfront than to scramble for it during tax season, and it ensures you have proper documentation for everyone's tax classification.
This is exactly the kind of clear explanation I needed! I've been putting off dealing with 1099s because it seemed so complicated, but breaking it down this way makes it much more manageable. One follow-up question - when you mention collecting W-9s from "all service providers," does this include things like my web hosting company or software subscriptions? I pay several tech companies monthly fees that add up to over $600 annually, but I'm not sure if those count as "services" in the 1099 sense or if they're more like utilities/products. Also, is there a standard timeframe for how long I should keep these W-9s on file? I assume it's tied to how long I need to keep other tax records, but I want to make sure I'm not throwing away important documentation too early.
I think people often confuse tax RESIDENCY rules (for income tax filing purposes) with Social Security/Medicare tax obligations. They're governed by different sections of the tax code! Even some tax preparers get this wrong. I've seen software engineers on EADs mistakenly told they're exempt when they're not. Always check IRS Publication 519 "U.S. Tax Guide for Aliens" - it covers this topic specifically.
This is so true! My accountant initially told me I was exempt from FICA because I hadn't been in the US long enough, completely mixing up the substantial presence test (for income tax) with FICA requirements. Cost me a lot of headache to fix later.
Great thread with lots of helpful info! I just wanted to add that if you're unsure about your specific situation, you can also check Box 3 (Social security wages) and Box 5 (Medicare wages) on your most recent pay stub or W-2. If your employer is withholding these taxes, those boxes should show your wages subject to these taxes. Also, once you do get your actual Green Card, nothing changes regarding FICA taxes - you'll continue paying Social Security and Medicare taxes just like you are now with your EAD. The transition is seamless from a payroll tax perspective. One more tip: keep good records of all your Social Security contributions during your EAD period. When you eventually apply for Social Security benefits (whether retirement, disability, etc.), all these contributions will count toward your benefit calculation, regardless of whether they were made before or after you got your Green Card.
This is really helpful advice about checking the pay stub boxes! I never thought to look at those specific boxes to verify what's being withheld. Quick question - if someone discovers their employer has been incorrectly NOT withholding FICA taxes for an EAD holder, what's the process to fix that? Do you have to go back and pay the missed taxes yourself, or does the employer need to correct it?
Malik Robinson
When my wife needed an ITIN (she's from Brazil, we live there), we used a Certified Acceptance Agent in our country instead of mailing everything to the IRS. Made the process way easier because they verified all her documents locally so we didn't have to send originals or certified copies through international mail. The IRS website has a directory of acceptance agents worldwide. Might be worth checking if there's one near you: https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-1
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Isabella Silva
โขHow much did the acceptance agent charge you? I found one in my country but they want $200 which seems steep.
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CosmicCommander
I went through this exact situation last year! As others mentioned, you definitely need to get your wife an ITIN even when filing separately - it's required for the spouse field on your tax return. A few practical tips from my experience: 1. Don't stress about the "date of entry" field being blank - just attach a brief statement explaining she's never entered the US 2. Make sure to get a certified copy of her passport (not just a regular photocopy) 3. The process took about 12 weeks for us, so plan accordingly One thing I wish I'd known earlier: you can actually request expedited processing if you're facing a hardship due to the delay. We didn't know about this option and just waited the full processing time. Also, keep copies of everything you send - the IRS sometimes requests additional documentation and it helps to have everything on hand. The good news is once you get through this first year, you'll have her ITIN for all future tax filings. It's a pain initially but worth getting it sorted out properly.
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Aaliyah Reed
โขThis is really helpful, thank you! I'm in the same boat right now. Quick question about the expedited processing - what qualifies as a "hardship"? I'm worried about missing some tax deadlines because of the ITIN delay, but I'm not sure if that counts as a valid reason for expedited processing. Also, when you say "certified copy" of the passport, did you have to get this done at a specific place like the embassy or consulate? I'm living in a smaller city and not sure where to get proper certification done.
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