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Ask the community...

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Mason Stone

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Has anyone actually successfully gotten an Offer in Compromise accepted? I hear they reject like 60% of applications and the process takes forever.

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I got an OIC accepted last year, but my situation was extreme - lost my business during covid, had medical bankrupty, and literally no assets. Even then it took 9 months and they only reduced my $45k bill to $18k. With the OP having retirement funds, I doubt they'd qualify.

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Aiden Chen

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I went through a similar situation last year with a $28k unexpected tax bill. Here's what I learned after talking to multiple tax professionals and the IRS directly: The payment plan is almost always your best bet when you have retirement funds available. The IRS considers your IRA as an asset you could access, which makes OIC approval very unlikely in your case. Even if you could qualify for an OIC, the application fee alone is $205 (non-refundable even if rejected), and the process typically takes 8-12 months during which interest and penalties continue accruing. For the payment plan, you can request up to 72 months as others mentioned. The key is to apply ASAP - the longer you wait, the more interest accumulates. You can apply online at irs.gov/payments if you owe less than $50k, which makes the process much faster. Regarding your IRA - only consider touching it as an absolute last resort. Even without early withdrawal penalties, you'd still owe income tax on any distribution, which could push you into a higher tax bracket for that year. Plus you lose all future tax-deferred growth on those funds. My advice: Set up the payment plan first, then reassess your financial situation in 6-12 months. If you find you're struggling with the payments, you can always modify the plan later or consider a partial IRA withdrawal at that point.

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As someone who's filed dual status returns for 3 years now, my biggest advice is to make sure you keep track of your "residency starting date" documentation. The date you became a US resident for tax purposes might not be the exact date you physically arrived in the US. For example, if you pass the substantial presence test later in the year, that becomes important. I recommend keeping copies of your I-94, visa approval, first US paycheck, utility bills, lease, etc., in case you ever get questioned about your residency start date.

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Ryder Ross

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Great point about documentation! I learned this the hard way when the IRS questioned my residency start date during an audit. They wanted to see proof of when I actually established US tax residency versus when I first entered the country. One thing to add - if you're on an H-1B or similar work visa like Connor, your residency start date is typically the later of: (1) your first day of US employment, or (2) when you meet the substantial presence test. Since Connor started working in May 2024, that's likely his residency start date, making January-April his nonresident period and May-December his resident period. Also, don't forget about Form 8843 if you were a student or had any exempt days during your nonresident period. And if you have any foreign bank accounts with more than $10,000 total at any point during the year, you'll need to file FBAR (FinCEN Form 114) regardless of your dual status situation. The filing requirements for foreign accounts apply to US tax residents, so once you became a resident in May, all your worldwide accounts became reportable.

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Laila Fury

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This is such a helpful thread! I'm in a very similar situation but with a twist - my husband and I both have family HDHPs through our respective employers, and we're covering different kids (from previous marriages). From what I'm reading here, it sounds like we'd each be able to contribute the full family limit ($8,300 each for 2025) since we have separate qualifying plans. But I'm worried about the IRS marriage limitation rule someone mentioned earlier. Has anyone dealt with this specific scenario where both spouses have family HDHPs covering different dependents? I want to make sure I understand the rules correctly before we max out both accounts. The last thing I want is to deal with excess contribution penalties!

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Emma Swift

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Your situation is actually even more straightforward than the original poster's! Since you both have family HDHPs through separate employers, you're each eligible for the full family contribution limit of $8,300 for 2025. The marriage limitation rule only applies when spouses are trying to split contributions under the same plan or when one spouse doesn't have their own qualifying HDHP. Since you both have separate qualifying family plans, you can each contribute the maximum to your respective HSAs. The fact that you're covering different kids doesn't change the HSA contribution rules - what matters is that you each have your own qualifying HDHP coverage. I'd still recommend double-checking with a tax professional or using one of the tools mentioned in this thread to verify your specific plan details, but from what you've described, you should be good to max out both accounts!

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This thread has been incredibly helpful! I'm a tax professional and see this exact question come up frequently with my clients. Just wanted to confirm what others have said here is correct. When spouses have separate HSA-qualified HDHPs (whether both family plans or a mix of family/individual), each spouse can contribute up to their respective plan's maximum limit. The "marriage limitation" that caps total family contributions at the family limit ($8,300 for 2025) only applies when spouses are covered under the same HDHP or when one spouse lacks qualifying coverage. One additional tip I always give clients: make sure to keep good documentation of your separate coverage throughout the year. The IRS may ask for proof that you maintained separate qualifying HDHPs if they review your HSA contributions. Also, remember that these contribution limits are annual limits, so if either of you changes jobs or coverage mid-year, you'll need to prorate based on the months of coverage under each plan type. For anyone still unsure about their specific situation, IRS Publication 969 has the detailed rules, or consider consulting with a tax professional who can review your actual plan documents.

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Ava Kim

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My brother didn't file for 3 years cuz he was "sure he didn't owe" and the IRS eventually caught up with him. They reconstructed what his income should have been based on third-party reporting and sent him a bill with penalties that was wayyyyyy more than if he'd just filed normally. Plus they almost went after him for tax evasion which is no joke. Just file your taxes people!!!

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Do u have to file even if ur income is super low? Like I only made like $3k last year from my summer job. Nobody has ever told me I need to file with income that low.

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Ethan Brown

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For $3k from a summer job, you're probably not required to file since that's well below the $13,850 filing threshold for single filers that was mentioned earlier. However, you might actually want to file anyway because you probably had taxes withheld from your paychecks that you could get back as a refund! Check your W-2 - if there's anything in the "Federal income tax withheld" box, filing a return would get that money back to you. Plus if you're a student, there might be education credits you could claim. So even though you're not required to file, it could put money in your pocket.

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Just to add to what everyone else has said - even if you're 100% certain you don't owe taxes, there are actually several good reasons to file anyway: 1. **You might be leaving money on the table** - Like others mentioned, you could qualify for refundable credits like the Earned Income Tax Credit or American Opportunity Tax Credit that actually give you money even if you didn't pay any taxes. 2. **Proof of income** - Having a filed tax return makes it way easier to apply for loans, apartments, financial aid, etc. Landlords and lenders often want to see your tax returns as proof of income. 3. **Social Security credits** - If you earned income but don't file, you might not get proper credit toward your Social Security benefits later in life. 4. **Peace of mind** - Filing eliminates any worry about whether the IRS will come knocking later. It's one less thing to stress about. The whole process is honestly not as bad as people make it out to be, especially if your situation is simple. And if you're owed a refund, you're basically giving the government a free loan by not filing. Why let them keep your money?

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This is really helpful! I had no idea about the Social Security credits thing. I'm 22 and honestly haven't been thinking about retirement at all, but if not filing now could mess up my benefits decades from now, that's definitely something to consider. Also the proof of income point is spot on - I tried to get approved for a credit card last year and they wanted tax returns which I didn't have. Had to jump through a bunch of extra hoops to prove my income instead. Would've been so much easier if I'd just filed. One question though - if I file now but I'm super late (like we're talking months late), are there still penalties even if I don't owe anything? Or is it only penalties if you actually owe money?

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One thing nobody's mentioned yet - don't forget about FBAR requirements! Even after you surrender your green card, if you had $10,000+ across all foreign (non-US) accounts at any point during the year you lived in the US, you still need to file the FBAR form. I got hit with a massive penalty for missing this when I moved back to Europe.

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Yes! And also remember there's an exit tax procedure for some green card holders when they surrender their permanent residency. If you've had your green card for 8+ years or have over a certain net worth, you're considered a "long-term resident" and have to file Form 8854. Definitely look into this before you leave.

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Luca Marino

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This is a really complex situation that involves both US and UK tax law! A few additional points to consider beyond what others have mentioned: First, make sure you understand the timing of your move in relation to tax years. The UK tax year runs April 6 to April 5, while the US follows the calendar year. This can create some interesting split-year situations that affect how you report income in both countries. Second, regarding your W-8BEN form - you'll need to be careful about when you submit it. You can only claim treaty benefits as a UK resident once you've actually established UK tax residency. The distributors will need updated forms, and there might be a transition period where you're still subject to the higher withholding rates. Also worth noting: some music royalties might be classified differently depending on whether they're mechanical royalties, performance royalties, or sync licensing fees. The treaty treatment can vary based on the specific type of royalty income. Finally, consider keeping detailed records of your income sources and any taxes withheld during your transition year. You'll likely need to file partial-year returns in both countries for the year you move, and having clear documentation will make this much easier. The international tax rules for creative professionals are genuinely complicated, so getting professional help from someone experienced with US-UK tax issues is probably your best bet for navigating this correctly.

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Kaitlyn Otto

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This is incredibly helpful - thank you for breaking down all these nuances! I hadn't even thought about the split tax year issue between US and UK. Just to clarify, when you mention "partial-year returns in both countries," does that mean I'd file a regular 1040 for the US portion of the year when I'm still a permanent resident, then switch to 1040NR for any remaining US-source income after I surrender my green card? And on the UK side, would I file as a partial-year resident or does the UK have different rules for when tax residency begins?

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