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Can the substantial presence test be affected by COVID exceptions? i was stuck in the US for 4 extra months in 2020 when borders closed. now im back for work and worried those extra days might affect my current status calculation.

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Diego Flores

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Yes, the IRS had special COVID relief for the substantial presence test! If you were temporarily in the US due to COVID travel restrictions, you could exclude up to 60 consecutive days from your substantial presence calculation for certain time periods. The relief applied to stays between Feb 1 and April 1, 2020 with various extensions. You'd need to document that you intended to leave but couldn't due to travel restrictions. Check out Revenue Procedure 2020-20 for details.

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Kai Santiago

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The substantial presence test can definitely be tricky to navigate, especially with all the different scenarios people face! One thing I'd add to the great advice already given here is to keep detailed records of your travel dates - entry and exit stamps, flight receipts, hotel bookings, etc. I learned this the hard way when the IRS questioned my substantial presence calculation during an audit a few years back. Having proper documentation made all the difference in proving exactly how many days I was physically present in the US versus traveling for business. Also, @Javier Hernandez, since you mentioned you're on an E-3 visa and have been here about 8 months continuously, you'll almost certainly be filing as a resident alien this year. Make sure to understand the implications - you'll need to report your worldwide income, including any Australian bank account interest, rental income from properties back home, etc. It's not just about US-source income anymore once you pass that test.

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Emma Davis

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This is such great advice about keeping detailed records! I wish someone had told me this earlier. I've been trying to reconstruct my travel history from memory and scattered receipts, which is proving to be a nightmare. @Kai Santiago, your point about worldwide income reporting is really eye-opening. I hadn't fully grasped that implication yet. I do have some rental income from my property in Australia and interest from accounts there. Does this mean I'll need to convert everything to USD for reporting purposes? Also, are there any foreign tax credits I can claim to avoid double taxation on that Australian income? The documentation point is so important - I'm definitely going to start a travel log going forward with entry/exit dates and keep all my boarding passes and hotel receipts organized.

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Be careful about the state residency issue. My cousin filed for my aunt using the wrong state and ended up with penalties from both states! State B will probably consider your uncle a resident if that's where he actually lived, especially if he had utility bills, a driver's license, or was registered to vote there. If possible, look for these documents to determine his legal domicile: - Driver's license - Voter registration - Utility bills - Property tax statements - Car registration The state where most of these documents point to is likely his legal residence for tax purposes.

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This is so true! My brother got hit with double taxation when he tried to file my dad's taxes incorrectly. Both Michigan and Indiana came after him because dad worked in one state but lived in the other. It was a complete mess to untangle.

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I went through something very similar with my father's estate last year. A few additional points that might help: First, regarding the state residency - if your uncle owned the house in State B, that's usually the strongest indicator of legal domicile regardless of where his mail went. Property ownership typically trumps work location for residency purposes. Second, since you mentioned you're not the official executor, you really need to figure out who has legal authority here before proceeding. Filing tax returns for someone else without proper authorization can create legal issues for you personally. If there's no will or formal probate, someone in the family likely needs to petition the court to become the administrator, even for small estates. Third, don't stress too much about the missing investment documentation if we're talking about small amounts. The IRS computer systems will match any 1099s that were issued against what you file. If there are discrepancies, they'll send a notice, but it's usually just a matter of paying any additional tax owed plus minimal interest - not criminal penalties. One last tip: keep detailed records of all your efforts to locate documents and communicate with financial institutions. If the IRS ever questions anything, showing good faith effort goes a long way.

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I can relate to this frustration! I went through the exact same thing last year and spent weeks worrying that something was wrong with my filing. What I learned is that the wage and income transcript is basically the last piece of the puzzle to update - it shows what third parties (employers, banks, etc.) reported about you to the IRS, not what you reported to them. The fact that your account and return transcripts are complete and you received your refund means the IRS was able to verify your income internally, even though it hasn't appeared in the public-facing transcript system yet. I'd recommend checking again in a few weeks, but honestly, mine didn't show up until almost July last year. It's annoying when you're trying to be thorough, but it's completely normal IRS timing!

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Beth Ford

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July is pretty late compared to what others are saying! I'm curious if there are factors that affect the timing - like maybe different types of employers report at different speeds, or if electronic vs paper submission makes a difference? I'm in a similar boat right now and trying to figure out if I should expect mine closer to the May/June timeframe others mentioned or if I should prepare for a longer wait like you experienced.

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From what I've observed, the timing can definitely vary based on several factors. Electronic submissions from larger employers tend to show up faster than paper submissions from smaller companies. Also, if you have multiple income sources (W-2s, 1099s, etc.), they don't all populate at the same time - I've seen W-2 data appear weeks before 1099 information. The July timeframe Sofia mentioned might have been due to having income from a smaller employer or contractor who submitted later in the cycle. Most people with standard W-2 employment from larger companies see their data by May or June, but there's definitely variability based on your specific situation.

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Tyler Murphy

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I'm dealing with this exact same situation right now! Filed my return in early February, got my refund within 3 weeks, and my account transcript shows everything processed normally. But when I try to pull my wage and income transcript, it's like it doesn't exist. I've been checking weekly thinking maybe there's a glitch in the system or something went wrong with my employer's W-2 submission. Reading through everyone's experiences here is such a relief - I had no idea this was just a normal IRS processing delay. It's frustrating when you're trying to be proactive about organizing your tax records and half the information just isn't available yet. Guess I'll stop stressing about it and check back in a few months!

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Make sure you look into any potential penalties for failure to file. Even if your in-laws didn't owe taxes due to their income types, there can still be penalties for not filing required returns. However, the IRS can sometimes waive these penalties for reasonable cause. Also, check if your state has separate estate tax requirements - some states have their own processes apart from federal.

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This is super important. My family got hit with massive penalties that were almost more than the taxes themselves. Request first-time penalty abatement if this is your first tax issue - the IRS will often grant it if you have a clean compliance history.

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Malik Thomas

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I'm dealing with a similar situation right now with my grandmother's estate. One thing that really helped was requesting Form 4506-T from the IRS to get tax transcripts for the years in question. This will show you exactly what (if anything) was filed and what the IRS has on record. Since your in-laws were primarily on Social Security and VA benefits, there's a good chance they weren't required to file in many of those years. For 2020, for example, if their only income was Social Security and VA benefits under certain thresholds, they might not have had any filing requirement at all. The key is to tackle this systematically: 1) Get the tax transcripts to see what's actually missing, 2) Determine if filing was even required for those years, and 3) If it was required, gather whatever documentation you can (banks often keep records for 7+ years even if you don't have them). Don't let this consume you with worry - most of these situations end up being far less scary than they initially appear, especially when the primary income sources weren't taxable.

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One thing nobody's mentioned is that being eligible for the American Opportunity Credit doesn't guarantee you'll get the refundable portion. The AOTC has two parts - up to $1,500 is non-refundable (only reduces tax you owe) and up to $1,000 is refundable (you get it even if you owe no tax). To get the refundable part, you need to meet additional requirements like not filing as MFS and having earned income. Make sure you have some income from a job to qualify for the refundable portion. Grants and loans don't count as earned income!

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This is really helpful info. I had about $8,200 in income from my part-time job last year, so I should qualify for the refundable portion, right? I'm filing as single.

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Yes, with $8,200 in earned income and filing as single, you should qualify for the refundable portion of the AOTC assuming you meet all the other requirements. Since you're not claimed as a dependent, paid qualified education expenses, and were enrolled at least part-time for one academic period, you're on the right track. Just make sure you complete Form 8863 correctly to claim the credit. The refundable portion will be calculated automatically and can be up to $1,000, which is 40% of your eligible credit. It's definitely worth claiming since that money comes back to you even if you don't owe any taxes!

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Cedric Chung

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Warning - be careful claiming the refundable portion of the AOTC! It's one of the most audited tax credits. Make sure your 1098-T supports your claim and you have records of ALL your qualified education expenses. I got audited last year over this and had to provide every receipt for books and supplies.

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Talia Klein

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I've heard this too. Any tips for organizing the documentation? My school's financial aid office is horrible and I'm worried they reported things incorrectly on my 1098-T.

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Keep detailed records of everything! I organize mine in a simple folder with three sections: 1) All tuition and fee receipts/statements from the school, 2) Receipts for required textbooks and course materials (keep the syllabus showing they were required), and 3) Your 1098-T form plus any corrections. If your school reported incorrectly on the 1098-T, don't panic - you can claim the actual amounts you paid for qualified expenses, not just what's on the form. Just make sure you have documentation to back it up. I also recommend taking screenshots of your student account showing payment dates and amounts, since schools sometimes change their online systems and historical data gets lost. The key is being able to prove every dollar you're claiming was for qualified education expenses. Better to be overly cautious with documentation than deal with an audit later!

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