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Warning from someone who tried something similar - the "trader tax status" is EXTREMELY difficult to qualify for. Despite making 15-20 trades daily, maintaining separate accounts, and treating it like a business, we got denied. The IRS agent told us they look for: 1) 4+ hours daily devoted to trading 2) 720+ trades per year (though this isn't a hard rule) 3) Average holding period under 31 days 4) Seeking profit from short-term market movements, not dividends 5) Substantial account size Even meeting these criteria doesn't guarantee approval. They review each case individually.
Exactly this. I got audited last year over exactly this issue despite having documentation for over 800 trades. They determined I was still just an "active investor" not a "trader" because some of my holding periods were longer than a few days. Cost me thousands in back taxes and penalties.
This is really helpful information, thank you! Based on my wife's current trading patterns, we definitely meet the trades per year and holding period requirements (most trades are same-day), but documenting the hours spent might be tricky. Would you recommend using specific software to track this kind of activity?
As someone who's been through this exact scenario, I'd strongly recommend getting professional guidance before moving forward. The IRS scrutinizes family trading businesses heavily, especially when it involves converting what they might view as personal investment activity into employment. A few key considerations from my experience: 1) **Legitimate business purpose**: You'll need to demonstrate this is a real business operation, not just a tax strategy. This means formal business plans, documented trading strategies, and clear separation between business and personal activities. 2) **Employment vs. partnership**: Having your wife as an employee creates additional complications around reasonable compensation requirements. A partnership structure might be simpler, though it affects the 401(k) goals you mentioned. 3) **Trader vs. investor status**: Even with 10 daily trades, the IRS looks at the totality of circumstances. They examine holding periods, profit sources (appreciation vs. short-term swings), time commitment, and whether you're truly operating as a business. 4) **Record keeping**: You'll need meticulous documentation - trading logs, time sheets, business meeting minutes, separate accounts, and clear business procedures. Before structuring anything, consider getting a definitive analysis of whether your current trading patterns would even qualify for business treatment. The potential tax benefits need to be weighed against compliance costs and audit risk.
This thread has been incredibly eye-opening! I just bought my first home three months ago and honestly had no clue about homestead exemptions or any of these other potential savings. My realtor never mentioned it, my lender didn't bring it up, and it wasn't covered in any of the closing paperwork I received. I'm definitely going to check my county's website today to see what exemptions I might qualify for and get everything filed before any deadlines. It's frustrating that this isn't automatically explained to new homebuyers - seems like something that should be part of the standard process given how much money is involved. For those who used the various tools and services mentioned (taxr.ai, claimyr.com), were there any costs involved or are they free to use? As a new homeowner, I'm trying to be mindful of expenses but also don't want to miss out on legitimate savings because I was too cheap to get proper help navigating the system. Thanks to everyone who shared their experiences - this is exactly the kind of real-world advice that's impossible to find anywhere else!
You're absolutely right that this should be covered during the home buying process! I'm also a new homeowner (just closed 8 months ago) and went through the exact same frustration. From what I've learned lurking in forums like this, taxr.ai has a free basic analysis but charges for the detailed guidance and document preparation (I think around $50-100 depending on complexity). Claimyr charges per call - I believe it's something like $20-30 to get connected to a government office, but honestly that's probably worth it if you value your time at all given how impossible these offices can be to reach. One thing I discovered that might help - many counties have homeowner education programs or first-time buyer workshops that cover this stuff after purchase. Mine offered a "Property Tax 101" session that I attended last month which was incredibly helpful and completely free. Might be worth calling your county assessor's office to ask if they offer anything similar. Also, if you're handy with research, you can probably handle the basic homestead filing yourself without paying for services. The county websites are terrible but the actual forms are usually pretty straightforward once you find them. Save the paid help for more complex situations or appeals.
As someone who works in municipal finance, I want to emphasize something that hasn't been fully covered here - the timing of when you apply for homestead exemption can significantly impact your savings, especially in states with assessment cycles. Many jurisdictions assess properties on 3-5 year cycles, and if you apply for homestead exemption right before a reassessment year, you could see much larger savings than in other years. For example, if your property is due for reassessment next year and values have increased significantly in your area, having homestead protection in place beforehand could save you thousands compared to applying after the new assessment. Also, don't overlook portability provisions if your state has them. In places like Florida and Texas, if you already have homestead exemption on one property and buy a new primary residence, you may be able to transfer some of the tax benefits to your new home. This is especially valuable if you're moving from a property you've owned for many years where the assessed value has been capped. I'd recommend calling your county to ask specifically about assessment cycles and portability rules - these details can make a huge difference in your long-term property tax burden but are rarely explained clearly on county websites.
This is incredibly valuable information that I haven't seen mentioned anywhere else! The timing aspect around assessment cycles makes so much sense but seems like something most homeowners would never think to ask about. I'm definitely going to call my county assessor tomorrow to find out when our next reassessment is scheduled and make sure I get my homestead exemption filed well before then. The portability provision is also fascinating - I had no idea that was even a possibility. My parents are actually looking to downsize in the next few years and they've been in their current home for over 20 years with homestead exemption. If they can transfer some of those capped benefits to a new property, that could save them a fortune given how much property values have increased in their area. Do you know if there are any restrictions on portability, like how far you can move or time limits for transferring the benefits? And is this something that has to be done simultaneously with the sale/purchase, or can it be applied retroactively if someone didn't know about it initially?
I handled a very similar situation last year when my father passed and I was dealing with Form 1310. The trust/no probate scenario is actually quite common these days, and you're on the right track with your thinking. You're absolutely correct to mark "No" on line 2a of Part II - that question specifically refers to court appointment, which doesn't happen when probate is avoided through a trust structure. Then mark "Yes" on line 2b since you're named as executor in the will, and "Yes" on line 3 since you have the legal authority to claim the refund. The documentation package I submitted included: a copy of the death certificate, the relevant pages of the will showing my executor designation, and key sections of the trust document (specifically the pages that established the trust and named me as successor trustee). I kept it focused - you don't need the entire trust document, just the parts that establish your authority. One thing that really helped was including a brief cover letter explaining that while the trust structure avoided the need for probate court proceedings, I remained the designated executor for tax purposes per the will. This gave the IRS clear context for why I was authorized to claim the refund without court involvement. The whole process took about 6 weeks from submission to receiving the refund check. The IRS is familiar with these trust-based estate structures, so as long as your documentation clearly establishes your legal authority, it should process smoothly. Your $4,800 refund situation sounds very straightforward compared to some of the complex estate cases they handle.
This is incredibly detailed and helpful - thank you for breaking down the exact documentation needed! I really appreciate you mentioning the cover letter approach. I was struggling with how to explain the trust situation without making it sound complicated, but your suggestion of simply stating that "while the trust structure avoided the need for probate court proceedings, I remained the designated executor for tax purposes per the will" is perfect. Your 6-week timeline is also reassuring. I've been worried about potential delays, especially since this involves an amended return on top of the Form 1310. It sounds like as long as I provide clear documentation of my authority and explain the situation briefly, the IRS should handle it routinely. Thanks for sharing your experience - it really helps to know others have navigated this successfully!
I went through this exact situation with my mother's estate about 18 months ago - executor named in will, revocable living trust holding all assets, no probate needed. The Form 1310 Part II questions can definitely be confusing when you're in this hybrid situation. You're absolutely right to check "No" on line 2a since you weren't appointed by any court - the trust structure specifically avoided that. Then "Yes" on 2b because you're named executor in the will, and "Yes" on 3 since you have legal authority for the refund. The documentation I included was straightforward: death certificate copy, the will pages showing my executor appointment, and just the key trust sections (establishment pages and successor trustee designation). I also wrote a simple cover letter explaining that the trust avoided probate but I remained executor for tax purposes. One thing I learned - make sure to write "DECEASED" and the date of death clearly on the amended return itself. This helps the IRS route it properly. My refund was about $5,200 and took roughly 8 weeks to process, which seemed pretty standard for these situations. The IRS sees trust-based estates regularly now, so your setup isn't unusual at all. As long as your documentation clearly shows your authority to act on behalf of the estate, it should process without issues. The $4,800 amount is well within normal ranges and shouldn't trigger any additional scrutiny.
This is exactly what I needed to hear! Thank you for confirming the approach on Part II - I was getting nervous about checking "No" on 2a, but you're absolutely right that it's specifically about court appointment. Your point about writing "DECEASED" and the date of death on the amended return is something I hadn't thought of but makes total sense for proper routing. It's really reassuring to know that trust-based estates are common now and the IRS is familiar with these situations. I was worried I was in some unusual gray area, but it sounds like this is pretty routine. Your 8-week timeline gives me a good expectation to set. I'll follow your documentation approach and keep the cover letter simple and clear. Thanks for taking the time to share your experience!
Just wanted to add one important point that might help others in similar situations - make sure your HSA administrator properly codes your contribution for the previous tax year when you make it. I made a prior-year HSA contribution last year and initially my administrator coded it for the current tax year by mistake. This created a headache when I filed my taxes because it looked like I had over-contributed for the current year. I had to get a corrected 1099-SA and 5498-SA from them. Most HSA providers have a specific process or form for prior-year contributions, so don't just assume they'll know what year you intend it for. Call them or use their online portal to explicitly designate it as a previous tax year contribution. This will save you potential complications when tax season rolls around!
This is such an important point that often gets overlooked! I had the exact same issue when I made a prior-year contribution. My HSA provider automatically coded it for the current year, and it took months to get the paperwork corrected. For anyone making prior-year HSA contributions, I'd also recommend keeping detailed records of your contribution dates and amounts, along with any correspondence with your HSA administrator about the tax year designation. This documentation becomes really valuable if there are any discrepancies when you receive your tax forms. Some HSA providers have a cutoff date (often in late March or early April) after which they won't accept prior-year contribution designations, so don't wait until the last minute to make these contributions and specify the tax year!
Great thread everyone! As someone who works with HSA regulations regularly, I wanted to add a few key points that might help clarify things: 1. **December 1st coverage is crucial** - You absolutely must have HDHP coverage on December 1st of the tax year to use the last month rule. If your coverage ended before then, you're stuck with monthly proration. 2. **Testing period is non-negotiable** - The IRS is very strict about the testing period requirement. Even a single day gap in HDHP coverage during the testing period will trigger the penalty, so plan job transitions carefully. 3. **Contribution timing matters** - You have until the tax filing deadline (typically April 15th) to make prior-year contributions, but as others mentioned, make sure your HSA provider properly codes it for the previous tax year. 4. **Consider your job stability** - If there's any chance you might switch to a non-HDHP plan or have coverage gaps, it might be safer to just use the monthly proration method to avoid potential penalties. The last month rule can provide significant tax savings, but only use it if you're confident about maintaining coverage through the entire testing period. The penalties for failing the testing period can be substantial and definitely outweigh the benefits!
This is really helpful advice! I'm in a similar situation where I'm considering using the last month rule, but I'm starting a new job next month. Even though the new employer offers an HDHP option, I'm worried about potential gaps during the transition period. Is there any grace period if there's just a few days gap between coverage periods, or is the IRS really that strict about even a single day? And if I do end up with a small gap, is there any way to remedy it after the fact, or am I automatically stuck with the penalties?
StarSailor
I'm dealing with this exact same nightmare right now! Filed my 1040-NR in late February as a J-1 exchange visitor from Turkey, and I'm now approaching month 3 with absolutely zero meaningful updates from the IRS. The "Where's My Refund" tool has been stuck on "still being processed" for what feels like forever. This entire thread has been incredibly eye-opening and honestly such a relief to find! I had no idea that 4-6 months was considered "normal" for non-resident returns - nobody mentions this anywhere during the filing process. I also claimed treaty benefits under Article 20 for my research income, so reading about the manual review process explains so much about why this is taking forever. I'm definitely going to request my tax transcript this week after seeing how useful it's been for everyone here. The idea that there might be specific hold codes that actually explain what's happening (instead of just generic "processing" messages) gives me hope that I can at least understand what stage my return is in. One question for those who've been through this - did anyone have issues with the treaty benefits verification requiring additional documentation that the IRS didn't initially tell you about? I'm worried they might need something else from me but have no way to communicate that until I actually speak with someone or see my transcript. Thanks so much @Fatima Al-Farsi for starting this discussion - finding others going through the same frustrating experience has honestly saved my sanity! The waiting is awful when you're counting on that refund, but at least now I have realistic expectations and some concrete steps to get more information.
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Admin_Masters
β’Hey StarSailor! I'm also a newcomer here dealing with the exact same frustrating situation - filed my 1040-NR in March as an F-1 student and I'm now over 2 months into this endless waiting game. Finding this thread has been such a relief because I was genuinely starting to panic that something had gone terribly wrong with my return! Your question about additional documentation for treaty benefits is really important - several people earlier in this thread mentioned that exact issue. Miguel Diaz found out the IRS needed a copy of his visa to process his treaty benefits claim, and he had no idea until he actually spoke with an agent. Dmitry Smirnov discovered his return was stuck because of ITIN documentation issues. It seems like the IRS is terrible at communicating these requirements upfront. The Turkey-US tax treaty benefits you claimed under Article 20 will definitely trigger that lengthy manual review process - it sounds like all treaty claims require the same exhaustive verification regardless of which country's treaty it is. From what Dylan Cooper explained earlier, they need to verify your status, eligibility, and that you haven't exceeded benefit limits. I'd definitely recommend getting your tax transcript first before trying to call - that way you'll know if there's a specific documentation issue flagged on your account. If the transcript shows everything looks normal, then at least you know you're just in the regular (unfortunately long) processing queue rather than stuck waiting for something you could actually provide. Hang in there! The waiting is absolutely brutal when you're counting on that money, but everyone who's shared their experience here eventually got their refunds. We're all in this together!
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Genevieve Cavalier
I'm experiencing the exact same frustrating situation! Filed my 1040-NR in early March as an F-1 student from China, and it's now been over 2.5 months with absolutely no progress. The "Where's My Refund" tool just shows the same useless "still being processed" message every single time I check. This thread has been incredibly helpful and honestly such a huge relief to find! I had no idea that 4-6 months was considered normal for non-resident returns - this is never mentioned anywhere during the filing process or on the IRS website. I also claimed treaty benefits under Article 20 for my research assistantship income, so based on everyone's experiences here, that manual review process is definitely adding months to my timeline. After reading through all these experiences, I'm absolutely going to request my tax transcript this week. The idea that there might be specific hold codes that actually explain what's happening (instead of just wondering if my return disappeared into the void) is so appealing right now. At least then I'll know if there's a specific issue that needs addressing or if I'm just stuck in the normal processing queue. The stress of waiting when you're counting on that refund money for living expenses is so real - I completely understand everyone's frustration! But seeing that literally every person who's shared their story here eventually got their refund (even if it took 4-6 months) is really reassuring. I was starting to panic that something had gone wrong with my filing. Thanks so much @Fatima Al-Farsi for starting this discussion - finding others going through this same nightmare has honestly saved my sanity! The waiting is awful, but at least now I have realistic expectations and some actionable steps to get more information about what's actually happening with my return.
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SebastiΓ‘n Stevens
β’Hey Genevieve! I'm also new to this community but dealing with the exact same situation - filed my 1040-NR in March and I'm now approaching month 3 of this painful waiting game. Finding this thread has been such a lifesaver because I was genuinely starting to think my return had been lost or something was seriously wrong! Your situation with the China-US tax treaty benefits under Article 20 is really similar to what many others here have experienced. It sounds like all treaty claims trigger that same lengthy manual review process regardless of which specific country's treaty you're claiming benefits under - they all seem to add that extra 6-10 weeks of processing time that everyone keeps mentioning. I'm definitely planning to request my tax transcript this week after seeing how helpful it's been for others here. Even if the hold codes look confusing at first, it'll be so much better than just staring at "still being processed" every day and wondering what's actually happening. The fact that others found specific reasons for their delays gives me hope that we might get some actual useful information about our cases. The stress of waiting when you're counting on that money for living expenses is absolutely brutal - I totally get it! But you're right that seeing everyone eventually get their refunds (even after 4-6 months) is really reassuring. At least now we know we're in the normal processing timeline rather than dealing with some kind of error or lost paperwork. Thanks again @Fatima Al-Farsi for starting this discussion - it s'been incredibly helpful for all of us newcomers to this frustrating process!
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