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Ask the community...

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Javier Mendoza

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Something no one's mentioned yet - make sure you're taking advantage of all your photography business deductions to lower your taxable income in the first place! Equipment, studio space (even home office), software subscriptions, website costs, travel to shoots, professional development courses, etc. The less profit you show, the less you'll owe in quarterly payments.

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Emma Wilson

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And don't forget about vehicle expenses if you drive to photo shoots! You can either take the standard mileage rate or deduct actual expenses (gas, maintenance, insurance, etc.) if you keep good records.

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Giovanni Marino

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One thing that helped me when I was starting out - consider making your quarterly payments slightly higher than the minimum required if your cash flow allows it. I know it sounds counterintuitive when money is tight, but hear me out. If your business grows throughout the year (which hopefully it will!), you'll avoid underpayment penalties and won't get hit with a massive tax bill in April. Plus, any overpayment gets refunded or can be applied to next year's taxes. I learned this the hard way when my freelance income doubled mid-year and I suddenly owed way more than expected. The safe harbor rule (paying 100% of last year's tax or 110% if your AGI was over $150k) can be a lifesaver for new businesses with unpredictable income.

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Form 8843 filing as Non-Resident Alien after 5 years on F-1 student visa - what should the "statement" include?

I'm an international student with an F-1 visa trying to figure out my tax status for 2024. During my first five years in the US, I was easily considered a non-resident alien for tax purposes since those days didn't count for the substantial presence test. Now I'm in my 6th year on F-1, and technically I would be classified as a resident alien, but I want to use "The Closer Connection Exception to the Substantial Presence Test for Foreign Students" (which is different from the regular closer connection exception for non-students) to still file as a non-resident. The IRS documentation mentions specific regulations for these factors, and ยง7701(b)(5)(E) includes this provision: >Limitation on students > >For any calendar year after the 5th calendar year for which an individual was an exempt individual under clause (ii) or (iii) of subparagraph (A), such individual shall not be treated as an exempt individual by reason of clause (iii) of subparagraph (A), **unless such individual establishes to the satisfaction of the** **Secretary** **that such individual does not intend to permanently reside in the** **United States** **and that such individual meets the requirements of subparagraph (D)(ii).** My issue is with line 12 on Form 8843 which states: "*You must provide sufficient facts on an attached statement that you do not intend to reside permanently in the United States*" I've spent hours researching online and asked multiple tax preparation services (none knew the answer), but I can't find examples or guidelines for what this statement should include. What exactly should this statement look like? Is it just a letter explaining why I satisfy the criteria with my signature? What evidence do I need to include? Any examples would be super helpful!

Muhammad Hobbs

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Does anyone know if we have to file Form 8843 electronically or if it has to be mailed in? I've been using TurboTax for my regular returns but I'm not sure if they support attachments for the statement required for line 12.

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Noland Curtis

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Form 8843 has to be mailed in if you're attaching a statement. I tried to do it electronically last year through TurboTax and couldn't figure out how to include the statement. Ended up having to print and mail the whole package.

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Daniela Rossi

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I just went through this process myself as a 6th year F-1 student. After reading all the helpful advice here, I wanted to add that when drafting your statement, it's important to be very specific about your ties to your home country rather than just making general statements. For example, instead of just saying "I have family back home," I wrote something like "My parents and two siblings reside in [home country], where I maintain close relationships and visit annually during academic breaks." I also mentioned specific details like maintaining a bank account there, owning property jointly with family members, and having professional licensing that's only valid in my home country. The key is demonstrating that your life is genuinely centered in your home country despite your temporary presence in the US for education. I also made sure to mention my specific graduation timeline and concrete post-graduation plans (job offer, research position, etc.) to show that my stay in the US has a definite end date. My return was accepted without issues, so being detailed and specific in the statement definitely seems to work well.

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Chloe Martin

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This is really solid advice about being specific! I'm currently preparing my statement for year 6 and was wondering - did you include anything about your academic program itself? Like mentioning that you're in a degree program with a specific end date, or that you're on Optional Practical Training (OPT) which is temporary? I'm trying to figure out if those details help establish the temporary nature of my stay or if I should focus more on the home country ties you mentioned.

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Zara Ahmed

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Has anyone considered the Section 481(a) adjustment approach? This might be a way to correct the cumulative effect of the error without having to amend all those old returns.

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Luca Conti

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I used a 481(a) adjustment for a similar situation last year! It worked really well - let me explain a bit more for those who aren't familiar. Section 481(a) allows for an adjustment in the current year to correct errors from prior years. For OP's situation, they could potentially make a single adjustment in the current year to account for all those years of unclaimed amortization, rather than amending multiple returns. The trick is documenting it properly and making sure you qualify for this type of adjustment. You typically need a "change in accounting method" which this situation might qualify as.

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Jamal Wilson

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I went through this exact same situation about 5 years ago with my manufacturing business. The good news is that this is more fixable than you might think, but you need to act strategically. First, definitely amend the open years (typically 2021-2023) to claim the amortization expenses you should have taken. This will generate refunds and establish a clear paper trail showing you're correcting the error. For the older years beyond the amendment window, create a detailed "tax benefit not received" file. Include copies of all original returns showing Form 4562 with the amortization alongside the Schedule C that didn't include it. When you eventually sell, this documentation will support adjusting your depreciation recapture calculations. One critical point - make sure your accountant understands this issue going forward. Many tax software programs require manual entry to transfer amortization from Form 4562 to Schedule C. It's not automatic in most systems, which is why this happens so frequently. Also consider having a tax professional review your other business assets for similar issues. If goodwill amortization wasn't flowing through properly, there might be other depreciation items with the same problem. Better to catch everything now rather than discover more issues later.

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StormChaser

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This is incredibly helpful advice, thank you! I'm curious about one aspect - when you mention creating a "tax benefit not received" file, did you have any specific format or organization that worked well? I want to make sure I'm documenting this properly for potential future scrutiny. Also, regarding the review of other business assets, that's a great point I hadn't considered. We have equipment depreciation and some other intangible assets that might have similar issues. Did you end up finding other problems when you did your comprehensive review?

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Javier Cruz

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This is a really common confusion that trips up a lot of people! The key thing to understand is that traditional IRAs (including rollover IRAs) don't track individual investments - they're treated as one big bucket where ALL withdrawals are taxed as ordinary income regardless of performance. When you withdraw from a traditional IRA, you can't claim capital losses like you would in a regular taxable account. That's actually one of the trade-offs of the tax-deferred treatment. The IRS doesn't care if specific stocks lost value - they just see it as you taking money out of a tax-deferred account. If you truly made after-tax contributions and never filed Form 8606, you definitely want to look into that. You might be able to file amended returns to establish your basis properly. As others mentioned, without that documentation, the IRS assumes everything is fully taxable. Also double-check whether those original contributions were actually after-tax or if you took deductions for them in previous years. Sometimes people forget they deducted IRA contributions on their tax returns, which would make them pre-tax money.

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Lilah Brooks

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This is such a helpful breakdown! I think a lot of people (myself included) get confused because we think of IRAs like regular investment accounts where losses can offset gains. The "one big bucket" analogy really clarifies why the IRS treats all withdrawals the same way regardless of individual stock performance. Your point about double-checking whether those original contributions were actually deducted is crucial too. It's easy to forget taking IRA deductions years ago, especially if you were getting refunds. I'm going to dig through my old returns to see if I claimed deductions I forgot about before assuming everything was after-tax money.

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Keith Davidson

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One thing that might help clarify your situation is to request an IRA basis statement from your custodian (the company holding your IRA). They should have records of any after-tax contributions that were properly reported when the money was rolled over or contributed. Also, if you're dealing with a rollover IRA from a previous employer's 401k, check if you have any old 401k statements that show after-tax contributions. Sometimes the 1099-R form from when you did the rollover will indicate if any portion was after-tax money (it would be coded differently). The frustrating reality is that the IRS puts the burden on taxpayers to track and document their after-tax contributions. Without proper Form 8606 filings, you're essentially losing the tax benefit of that after-tax money. But don't give up - many people have successfully filed amended returns to recover this basis, especially if they can document the original after-tax contributions through old pay stubs or 401k statements.

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Eleanor Foster

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This is really solid advice about requesting the IRA basis statement! I wish I had known about this earlier. I've been trying to piece together my contribution history from memory and scattered paperwork, but the custodian should have better records. One question though - if the rollover happened years ago and the after-tax portion wasn't properly coded or separated at the time, would the custodian's records still show it correctly? I'm worried that if my financial advisor didn't handle the rollover properly back then, the custodian might not have the right information either. Also, for anyone else reading this - definitely keep better records going forward! This whole situation has taught me to document everything related to retirement accounts, especially any after-tax contributions.

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Grace Lee

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You raise a great point about custodian records potentially being incomplete if the rollover wasn't handled properly initially. Unfortunately, if the after-tax portion wasn't correctly identified during the original rollover process, the custodian's current records might not reflect the true basis. This is where those old 401k statements and pay stubs become really valuable - they can serve as independent documentation of your after-tax contributions even if the rollover paperwork was botched. The IRS generally accepts contemporaneous records like pay stubs showing after-tax 401k contributions as proof for establishing basis on amended returns. Your advice about keeping better records is spot on! I learned this lesson the hard way too. Now I photograph every retirement account statement and keep a simple spreadsheet tracking all contributions and their tax status. It's a small effort that can save thousands in taxes down the road. For anyone dealing with this situation, don't let a messy rollover from years ago discourage you from pursuing your rightful basis. The IRS has procedures for these situations, and with proper documentation, you can often recover the tax benefit of your after-tax contributions even years later.

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Hunter Brighton

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This has been such an informative thread! As someone who recently started working two part-time jobs while in graduate school, I had no idea about these FICA complexities. Reading through all the explanations, it's clear that the system essentially creates a windfall for Social Security from excess employer contributions that never get refunded. What strikes me most is how this affects different types of workers differently. Traditional full-time employees with one job never encounter this issue, while people juggling multiple part-time positions (often out of economic necessity) end up costing their employers extra money through no fault of anyone involved. It's an interesting example of how tax policy designed for one era doesn't always adapt well to changing work patterns. The point about seasonal workers and gig economy participants is especially relevant - these are often people already dealing with income volatility, and now their employers are also paying extra FICA taxes that can't be recovered. Makes me wonder if this contributes to some employers' reluctance to hire part-time workers when they know those workers likely have other jobs too. Thanks to everyone who shared their expertise here. This is exactly the kind of nuanced tax information that's hard to find elsewhere!

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PixelWarrior

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You've really hit on something important about how this affects different types of workers! As someone who's been following this discussion closely, I'm struck by the broader economic implications you've raised. The fact that employers might be hesitant to hire part-time workers knowing they could face these excess FICA contributions is a concern I hadn't fully considered. It seems like this creates a subtle but real barrier to employment flexibility that could disproportionately impact students, parents seeking work-life balance, or people transitioning between careers - exactly the groups who often need multiple part-time positions. The irony is that a system designed to protect workers (Social Security) might inadvertently make it harder for certain workers to find employment opportunities. Your observation about this being tax policy from a different era is spot-on. When the current FICA structure was established, the "one person, one job" model was much more common. Now that multiple income streams are increasingly necessary for many people, we're seeing these unintended consequences play out in real economic terms for both workers and employers. Thanks for bringing a fresh perspective to this discussion - it really helps illustrate how technical tax rules can have very human impacts on people's employment opportunities and financial situations!

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Giovanni Rossi

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This entire discussion has been incredibly enlightening! As a small business owner who recently started hiring more part-time employees, I had no idea about these FICA complexities. What really concerns me after reading through all these responses is the practical impact on hiring decisions. When I know that a potential employee likely works other jobs (which is common in my industry), I'm essentially signing up to pay excess FICA contributions that I'll never get back. For a small business operating on tight margins, this can add up to thousands of dollars annually in what amounts to an involuntary contribution to the Social Security Trust Fund. The points about seasonal workers and gig economy participants are particularly relevant to my business. I often hire people for short-term projects who I know have other income sources, and now I realize each of us employers is probably paying the full employer portion even though collectively we're way over the wage base limit for those individuals. It seems like this issue has gotten worse as the workforce has become more flexible and people increasingly need multiple income streams. The tax system hasn't adapted to modern work patterns, and businesses are bearing the cost of that mismatch. I wonder if small business associations have ever lobbied for changes to this system, or if we're all just supposed to accept it as a cost of doing business in today's economy.

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Amara Nwosu

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Your concerns as a small business owner really highlight one of the most problematic aspects of this system! What you're describing - essentially paying an involuntary tax penalty for hiring workers who need multiple jobs - creates perverse incentives that hurt both businesses and workers. I'm curious if you've found any ways to factor this into your hiring and compensation decisions? For instance, do you consider offering slightly higher wages to attract employees who might choose to work exclusively for you instead of juggling multiple part-time positions? It seems like there could be situations where paying one person more for full-time work might actually cost less than paying multiple part-time workers when you factor in these excess FICA contributions. The lack of advocacy on this issue from small business associations is surprising, especially given how much they typically focus on payroll tax burdens. This seems like exactly the kind of administrative complexity and unfair cost that would normally generate lobbying efforts. Maybe the issue isn't well understood, or perhaps it gets lost among other payroll tax concerns? It's frustrating that businesses are essentially subsidizing a design flaw in the tax system while employees at least get their excess back through refunds. There really should be more awareness of how these outdated regulations impact modern employment relationships.

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