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Wait, I'm still confused about this. Does this question have anything to do with whether someone can claim me as a dependent? That's what I'm worried about.
Yes, it's directly related to dependency tests! This question helps determine if you pass what's called the "Support Test" for dependency. If your earned income is less than half your total support (you answer "Yes"), it means someone else might be able to claim you as a dependent (assuming other tests are also met). If your earned income is more than half your support (you answer "No"), then you're likely supporting yourself and can't be claimed as a dependent by someone else.
That makes so much more sense now, thank you! I was worried because my parents mentioned they might claim me this year and I wasn't sure if I should be filing independently or not.
This is such a common source of confusion! I just went through this myself and here's what helped me understand it: Think of it this way - the IRS is trying to figure out if you're financially independent or if someone else is your primary source of support. The key is that "earned income" only includes money YOU made from working (wages, salary, tips, etc.). It doesn't include loans, gifts from family, scholarships, or other forms of support. So if your total living expenses for the year were $25,000 and you earned $18,000 from your job, then your earned income ($18,000) is MORE than half your support ($12,500), so you'd answer "No." But if you only earned $8,000 from work and the rest came from family help, loans, etc., then your earned income would be LESS than half your support, so you'd answer "Yes." The easiest way to think about it: Are you paying for most of your own life through your own job? If yes, answer "No" to the question. If someone else is covering most of your expenses, answer "Yes." Hope this helps clarify things!
This is really helpful! I think I was overcomplicating it in my head. So basically if I'm working full-time and paying my own rent, groceries, car payment, etc. with my paychecks, then I should answer "No" because I'm supporting myself with my earned income. The question isn't asking about ALL money that comes my way, just whether my job income covers more than half my living costs. Thanks for breaking it down so clearly!
Has anyone tried just structuring this as a gift instead of a loan? I know there are annual limits but doesn't each person get a lifetime exemption that's pretty high?
Yes, there's a lifetime gift tax exemption (over $12 million per person in 2023), but for non-US citizens/residents giving to US persons, the rules get complicated. Foreign individuals can't use the full lifetime exemption - they're limited to the annual exclusion amount (around $17,000 per recipient). If your family members aren't US citizens/residents, the gift route could create a tax liability for them or reporting requirements you might not expect.
Just to add another perspective - don't forget about state tax implications too! Some states have different rules for reporting large cash transactions or loans, especially from foreign sources. In California, for example, they sometimes require additional documentation for large deposits that don't match your reported income, even if it's properly documented as a loan at the federal level. Also, since you mentioned your husband has an LLC, consider which entity should actually take the loan - personal vs business. If the LLC is buying the investment property, having the loan go directly to the LLC might simplify things, but you'll want to make sure the foreign relatives are comfortable lending to a business entity rather than individuals. The rental income and loan repayment structure could also affect your business vs personal tax situation depending on how you set it up.
Great point about the state implications! I hadn't even considered that different states might have their own reporting requirements. For someone like me who's new to dealing with international family loans, this is exactly the kind of detail that could trip you up. The LLC vs personal loan structure is also really interesting - I'm curious if there are any advantages to having the business entity take the loan directly? Would that potentially simplify the tax treatment of the rental income since it would all flow through the same entity? Also, @ad525049ee79, do you know if there's a way to research state-specific requirements easily, or is this something you really need a local tax professional for?
Is your FreeTaxUSA account set up correctly for your financial situation? I initially had the same issue where it wasn't prompting me for ISO information, but then realized I needed to indicate I had stock option income in the initial questionnaire. When I went back and changed that setting, it opened up additional inputs. Try going back to the beginning questionnaire in FreeTaxUSA and look for anything related to stock options, employee stock purchase plans, or investment income. Sometimes checking those boxes will reveal additional input screens.
This actually worked for me! I had a similar issue and missed the checkbox during the initial setup. When I went back and indicated I had "Employee Stock Options" in the life events section, FreeTaxUSA added some additional screens. They weren't labeled specifically for ISOs, but there was a section for "Additional Income and Adjustments" that let me enter the ISO spread amount.
I've dealt with this exact scenario multiple times as a tax preparer. Here's what you need to know about FreeTaxUSA and ISO reporting: For your $2,300 spread, you're likely correct that your AMT will be $0 due to the exemption amounts for 2024 ($85,700 for single filers, $133,300 for married filing jointly). However, you still need to properly report the ISO adjustment. In FreeTaxUSA, the ISO spread should be entered under the "Federal" section β "Deductions & Credits" β "Other Taxes" β look for "Alternative Minimum Tax (AMT)" subsection. If you don't see this initially, make sure you've indicated stock option activity in the interview questions as others mentioned. The key point everyone seems to be missing: even if your current AMT is $0, you're creating an AMT credit that carries forward. This credit becomes valuable when you eventually sell the ISO shares, as it reduces your regular tax liability dollar-for-dollar up to the amount of AMT you would have paid. For record-keeping, maintain detailed records of: - Exercise date and number of shares - Exercise price per share - Fair market value on exercise date - AMT adjustment amount ($2,300 in your case) - Any AMT paid (likely $0 for you) This information is crucial for calculating your adjusted cost basis when you sell, which affects whether the sale generates ordinary income or capital gains treatment.
Code 150 - Tax Return Filed (Date: 08-12-2024; Amount: $1,127.00): This entry indicates that you filed and processed your tax return with a tax amount due of $1,127.00. Code 810 - Refund Freeze (Date: 02-08-2024; Amount: $0.00): This indicates that a freeze has been placed on any refund that may be due to you. This freeze could be due to various reasons such as review for accuracy, verification of information, or other compliance checks. The amount next to this code is typically $0.00 as it represents a status rather than a financial transaction. Code 766 - Credit to Your Account (Date: 04-15-2024; Amount: -$46,880.00): This is a substantial credit applied to your account. This could include withholding from wages, estimated tax payments, or other credits. The negative value indicates it's a credit to you. Code 768 - Earned Income Credit (Date: 04-15-2024; Amount: -$568.00): This shows the amount of Earned Income Credit (EIC) that was applied to your account. This credit is given to you if you are eligible and have low to moderate income from work. It is a refundable credit, meaning it can reduce the tax you owe and potentially increase your refund. Analysis and Next Steps The combination of credits listed under codes 766 and 768 significantly exceeds the tax assessed under code 150. However, the presence of the refund freeze (code 810) means that despite these credits, the IRS is not currently processing a refund for you. Since the freeze was initiated before the credits were applied, there might have been anticipation of issues with your tax return or the credits themselves that required additional scrutiny. Given the refund freeze and the lack of a code 846 (which would indicate a refund being issued), you should anticipate that the IRS may need more information or time to review the accuracy of your return or the eligibility for credits claimed. If you have not received any communication from the IRS explaining the refund freeze, it would be advisable for you to initiate contact to clarify the reasons for the hold and to understand if any additional steps are required from your side to resolve the issue. I made a video on how to bypass the usual IRS phone menu and long wait times here: https://youtu.be/UiAegRQ2Is8
@Crystal Singletary I know the waiting is tough with that amount! Just wanted to add that with verification cases like yours, the IRS often processes them in batches, so even though they said 9 weeks, you might see movement sooner. I d'also suggest setting up email alerts through the IRS website if you haven t'already - sometimes they ll'send updates before the transcript reflects changes. Keep your spirits up, that s'life-changing money waiting for you!
@Crystal Singletary That s'an incredible refund amount! I went through verification last year for a much smaller amount and the stress was real. The fact that you already completed the verification call is huge - that s'honestly the hardest part of the whole process. With $47k+ they re'definitely going to take their time, but the 9-week timeline they gave you is actually pretty reliable from what I ve'seen others post here. I d'definitely recommend checking your transcript every Friday like others mentioned. Once that 810 disappears you ll'probably see your 846 code within days. The waiting is absolutely brutal but you re'so close to the finish line!
Ben Cooper
This is such a helpful thread! I'm in a similar situation - got my green card approved and will be entering the US in December 2024. Reading through all these responses, it's clear that the tax residency starts on the actual entry date with the green card, not during any previous visits. One question I haven't seen addressed - if I have investment income from my home country that's automatically reinvested (like dividends going back into mutual funds), do I need to report that for the period after I become a tax resident? Or only if I actually withdraw/receive the money? My investment account will continue generating returns even after I move to the US, but I won't be actively managing it or taking distributions. Also want to thank everyone who shared the resources about getting IRS help and FBAR requirements - definitely going to bookmark those for when I start preparing my first US tax return!
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Carmen Diaz
β’Welcome to the community! Yes, you'll need to report that investment income even if it's automatically reinvested. Once you become a US tax resident (on your green card entry date), the IRS requires you to report your worldwide income - and that includes dividends, capital gains, and other investment returns from your home country, regardless of whether you physically receive the money or it gets reinvested. The automatic reinvestment doesn't change the fact that you earned the income. You'll typically receive tax documents from your foreign investment company showing these transactions, and you'll need to convert the amounts to USD using the exchange rate from when the income was earned. This can get complex with foreign mutual funds since the US has special rules for "Passive Foreign Investment Companies" (PFICs) that can result in higher tax rates and additional reporting requirements. Definitely something to research or get professional help with for your first filing!
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Paolo Conti
As someone who just went through this process last year, I can confirm everything that's been said here is accurate! Your tax residency definitely starts on August 30, 2024 when you enter with your green card, not during your earlier tourist visit. One additional tip I wish someone had told me - keep detailed records of your entry and exit dates from the US, especially that August 30 date. The IRS may ask for proof of when your residency began, and having your passport stamps or I-94 records makes this much easier. Also, since you mentioned income from your home country between January-August 2024, make sure to keep all tax documents from your home country for that period. Even though you won't report that income on your US return, you might need those records to prove you properly paid taxes in your home country and to calculate any foreign tax credits for the post-August 30 period. The dual-status filing can be intimidating, but it's actually pretty straightforward once you understand the timeline. Just remember: non-resident rules for January 1 - August 29, resident rules for August 30 - December 31. Good luck with your move!
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