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Ask the community...

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Ashley Adams

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Watch out with amended returns and negative AGI situations! I tried to DIY this myself last year and ended up getting a notice from the IRS because I incorrectly tried to carry forward my entire negative AGI (which included FEIE). The IRS ended up disallowing my claimed carryforward and assessing additional tax plus interest. Make sure you're only carrying forward components that actually qualify - like business losses, not just the negative AGI that resulted from exclusions like FEIE.

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Did you end up getting hit with any penalties? I'm in a similar situation now and trying to figure out if I should just hire a pro to handle the amendments.

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Ryan Young

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Just to add another perspective here - I went through something very similar with my 2021 and 2022 returns. Had a negative AGI in 2021 due to a combination of FEIE and some business losses from freelance work that dried up during COVID. The key thing I learned (after initially getting it wrong) is that you really need to break down what specifically created that negative AGI. In my case, about $18k of the negative was from legitimate business losses that could be carried forward as an NOL, but the rest was from the FEIE which doesn't create a carryover opportunity. I ended up having to file Form 1045 to properly calculate the NOL portion and then amended my following year's return to claim it correctly. The business loss carryforward definitely helped offset some of my 2022 income, but it was way less than I initially thought I could carry forward. If you're dealing with multiple components creating the negative AGI like I was, I'd strongly recommend getting professional help or at least double-checking your work before filing the amendments. The IRS doesn't mess around with incorrectly claimed carryforwards.

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This is really helpful Ryan! I'm dealing with a similar mix of FEIE and business losses creating my negative AGI. Can you clarify - when you filed Form 1045, did you have to wait for that to be processed before you could amend the following year's return? Or could you file both amendments at the same time? I'm trying to figure out the timing since I need to get both my 2022 and 2023 returns corrected.

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Tyrone Hill

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One thing nobody's mentioned yet - make sure your Form 8802 is filled out PERFECTLY. The IRS rejects these for the tiniest errors and then you have to start all over. Common mistakes: - Not including the $85 payment correctly - Not checking all required boxes in Section 3 - Missing signatures - Not including necessary attachments (like your LLC/Corp docs if applicable) - Forgetting to specify which countries you need the certification for I've had clients wait 10+ weeks only to find out their application was rejected in the first week due to a minor error, but the IRS never bothered to tell them!

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This is so true. I had my Form 8802 rejected because I didn't include a copy of my EIN assignment letter since my business is fairly new. Had to resubmit and wait another 5 weeks. The worst part is they don't notify you promptly about rejections!

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Ethan Scott

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I went through this exact same situation with a South Korean client last year! One thing that really helped me was being upfront with my client about the Form 6166 timeline from the start. I explained that I needed to apply for it and it would take 4-6 weeks to receive. What worked well was asking if we could structure the payment in two parts - they paid me 50% upfront while I was waiting for the Form 6166 to arrive, then the remaining 50% once I provided the certificate. Most clients are understanding about this since they know it's a legitimate requirement. Also, make sure to keep a copy of your Form 6166 once you get it! Like someone mentioned, it's valid for the whole calendar year, so if you work with other Korean companies (or even the same client on future projects), you won't have to go through this process again until next year. The $85 fee might seem annoying for a $7.5K project, but think of it as an investment in being able to work with international clients more easily going forward. Good luck with your collaboration!

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Nia Harris

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That's really smart advice about splitting the payment! I hadn't thought about asking for a partial payment upfront while waiting for the Form 6166. That would definitely help with cash flow and show good faith on both sides. I'm curious - when you explained the timeline to your Korean client, did they seem familiar with the process? I'm wondering if this is something they deal with regularly with other US contractors, or if it was new to them too. Also, do you remember roughly how long the whole process took from when you first submitted your Form 8802 to when you actually received the Form 6166? I'm trying to set realistic expectations with my client about timing.

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Dylan Wright

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This is a really common confusion that trips up a lot of new investors! The key distinction everyone's highlighting is spot-on: short-term capital gains are always unearned income, even though they're taxed at ordinary income rates. I went through this exact same confusion when I started trading options and crypto. What helped me remember the difference is thinking about it this way: "earned income" literally means you earned it through your labor/work - like wages, salary, tips, or self-employment income. Everything else (interest, dividends, capital gains, rental income, etc.) is "unearned income" because you didn't trade your time and labor for it directly. The tax rate is just how much you pay - it doesn't change what type of income it is. So your $4,500 will get added to your other income and taxed at your marginal rate, but it won't help you qualify for things that require earned income. One practical tip: when you're doing tax planning throughout the year, it helps to think of earned vs unearned income as two separate buckets with different rules. This becomes really important if you're trying to maximize retirement contributions or qualify for certain tax credits.

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This is such a great way to think about it! The "two buckets" analogy really helps clarify things. I've been getting tripped up by my trading app that shows my gains right next to my "income" summary, which made me think they were all the same thing. Your point about earned income literally meaning you earned it through labor makes so much sense. I guess I was overthinking it because I spend hours researching stocks and felt like that should count as "work," but the IRS doesn't care how much effort I put into picking investments - it's still just investment income. The retirement contribution angle is especially important for me to remember. I was planning to max out my IRA based on my total income including trading gains, but now I realize I can only contribute based on my actual job income. Good thing I found this out before making that mistake! Thanks for the practical advice about thinking of them as separate buckets throughout the year. I'm definitely going to start tracking these differently so I don't get confused again come tax time.

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This thread has been incredibly helpful! I'm in a similar situation as a new investor and was making the exact same mistake. I had about $3,200 in short-term gains last year and was planning my taxes thinking it was all just "regular income." What really clicked for me reading through everyone's explanations is that the IRS has very specific definitions that don't always align with how we think about things intuitively. Just because I'm actively trading and spending time researching doesn't make it "earned" income in the tax sense. The practical implications are huge too - I was about to contribute to my IRA based on my total income including the trading gains, which would have been a costly mistake. Now I know I can only contribute based on my actual W-2 wages. One question though - does anyone know if this changes if you elect Mark-to-Market accounting as a trader? I've heard conflicting info about whether that affects the earned vs unearned classification or just how you report the gains and losses.

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Oliver Weber

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Great question about Mark-to-Market accounting! From what I understand, even if you elect Mark-to-Market status under Section 475(f), it doesn't change the earned vs unearned income classification - it just changes how you report gains and losses (ordinary gains/losses instead of capital gains/losses). The income would still be considered unearned for purposes like IRA contributions and the EITC. The Mark-to-Market election is mainly about being able to deduct trading losses without the capital loss limitations and avoiding wash sale rules. However, this is definitely one of those complex areas where you'd want to confirm with a tax professional, especially since qualifying for trader status has very strict requirements. The IRS looks at factors like frequency of trades, holding periods, and whether trading is your primary source of income. I'm glad this thread helped clarify things for you too! It's such a common confusion among new investors, and the practical implications really can be costly if you get it wrong.

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Maybe try talking to your parents first? I had the same issue and just sat down with mine and showed them my expenses vs what they paid for me. They genuinely thought they could still claim me and didn't realize I was providing most of my own support. The conversation was actually fine once I showed them how the rules worked!

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Omar Mahmoud

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This! Communication is key. Most parents aren't trying to screw you over - they just don't understand the tax rules changed or that your situation is different now that you've graduated. Mine were claiming me out of habit because they'd done it for years.

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I'm going through something similar right now! I'm 23 and graduated last spring, been working full-time since June. My parents also handle our family taxes and just assumed they could still claim me. What really helped me was actually calculating my expenses for the year - rent, groceries, car payments, insurance, etc. I was shocked to realize I was covering about 70% of my own costs! Once I showed my parents the breakdown, they understood they couldn't claim me anymore. One thing to consider - even if you were living at home or they were paying some expenses while you were in school (Jan-May), if your income from working full-time (June-Dec) covered more than half your total yearly support, then you provided more than half. Don't forget to include things like tuition payments, health insurance, phone bills, etc. in your calculations. Definitely have that conversation with your parents before anyone files. It's way easier to prevent the issue than deal with the IRS sorting it out later, which can take months and delay your refund.

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Teresa Boyd

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This is really helpful advice! I'm actually in a very similar boat - just graduated last year and my parents are used to claiming me. The calculation approach sounds smart. Did you use any specific method to track all your expenses, or just go through bank statements? I'm worried I might miss something important when I'm trying to prove I provided more than half my support. Also, when you had that conversation with your parents, did you bring printed documentation or just explain it verbally?

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One more thing to consider - ask if your client moved states after retirement. My father-in-law moved from Illinois to Florida after retiring from the railroad, and we discovered that some states tax railroad retirement benefits differently than others. Florida doesn't tax them at all (no state income tax), but his preparer didn't file a part-year resident return for Illinois which caused headaches. Might not apply to your situation but worth checking!

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This is such an important point! I'd add that railroad retirement benefits have special state tax treatment in many states. Some states fully exempt Tier 1 and Tier 2 benefits from state income tax, while others tax them partially or fully. Always check the specific state rules where your client lived during the tax year.

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Paolo Longo

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Great question, Ethan! I've handled several railroad retirement cases and you've got most of the key items covered. A few additional things to ask your client: 1. **Survivor benefits**: If the client is receiving benefits as a surviving spouse rather than their own work record, the tax treatment can be different. 2. **Vested dual benefits**: Some railroad workers also qualify for Social Security benefits if they worked outside the railroad industry for 10+ years. They might be receiving both RRB and SSA benefits, which need separate treatment. 3. **Medicare premiums**: Ask if Medicare Part B or D premiums are being deducted from their railroad retirement benefits. These show up on the RRB-1099 and affect the taxable calculation. 4. **Occupational disability vs age retirement**: The tax treatment differs if they retired due to occupational disability versus regular age retirement. Also, double-check that your tax software can properly handle the Simplified Method worksheet for railroad retirement - not all programs do this correctly. You might need to manually calculate it using the IRS worksheets if your software doesn't have the specific railroad retirement module. The RRB-1099 should have all the key figures you need, but don't hesitate to have your client call the Railroad Retirement Board if any amounts seem unclear. Better to get it right the first time!

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Tyler Murphy

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This is incredibly helpful, Paolo! I'm new to tax preparation and wasn't even aware that railroad workers could have dual benefits with Social Security. Quick question - when you mention that not all tax software handles the Simplified Method worksheet correctly for railroad retirement, are there any specific red flags I should watch for that would indicate my software is calculating it wrong? I want to make sure I catch any errors before filing.

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