Code 428 can definitely be nerve-wracking when you first see it! I went through this exact same situation about 6 months ago. In my case, it turned out the IRS was just doing a routine review because I had claimed some education credits and they wanted to make sure everything matched up with what my school reported. The good news is that most of the time these codes resolve themselves without you having to do anything major. I'd recommend checking your transcript every week or so to see if there are any updates, but try not to obsess over it (easier said than done, I know!). If you don't get any letters in the next 2-3 weeks, you might want to call the taxpayer advocate service - they're usually more helpful than the main IRS line and the wait times aren't as brutal. Hang in there, your refund will come through! 💪

I'm dealing with the exact same thing right now! Code 428 showed up on my transcript last Friday and I've been stressed about it all weekend. Reading through everyone's experiences here is actually making me feel a lot better though - sounds like it's pretty common and usually resolves itself. Has anyone tried calling the IRS directly about this code? I'm debating whether it's worth the inevitable hours on hold or if I should just wait it out like some of you did. Also seeing a lot of mentions of taxr.ai in this thread - might have to check that out if the wait gets too unbearable 😅 Thanks for starting this thread OP, it's nice to know we're not alone in this!

I was in this situation a few years ago. Make sure your employer is using the correct withholding tables for nonresident aliens! Many HR departments just default to the regular withholding without understanding that NRAs can't claim the standard deduction. For the penalty, file Form 2210 and check the box in Part II that says "The taxpayer requests a waiver of the penalty." Attach a statement explaining that you're new to the US tax system, on a TN visa, and that your employer was withholding incorrectly despite your best efforts. I did this and the IRS waived my penalty completely. It's worth a try!

Diego, you've actually done a really thorough job identifying the key forms! As someone who went through this exact situation on my TN visa, I can confirm you're on the right track with the 1040-NR, Schedule A, Schedule OI, and Form 8840. A few additional considerations based on what others have mentioned: **FBAR reporting** - Since your Canadian checking account exceeds $10,000 USD equivalent, you'll need to file FinCEN Form 114 separately by April 15 (with automatic extension to October 15). **Form 8938** - With your TFSA and Canadian accounts combined, you might exceed the reporting threshold for foreign financial assets. This is separate from FBAR and filed with your tax return. **PFIC complications** - If your TFSA contains mutual funds or ETFs, each one technically requires Form 8621. This is where things get really complex and expensive if you're not careful. **Treaty benefits** - Form 8833 can help you claim specific benefits under the US-Canada tax treaty that might reduce your tax burden. For the underpayment penalty, definitely request first-time penalty abatement since this is your first US filing. The IRS is generally reasonable about waiving penalties for newcomers who made good faith efforts to comply. Your employer should really be using NRA withholding tables since you can't claim the standard deduction. This is a common HR mistake that leaves TN visa holders with unexpected tax bills. You might want to have them adjust this going forward and consider making estimated payments if they can't fix the withholding immediately.

This is a great question! With your wife's Etsy business generating $135k annually, it definitely makes sense to optimize for tax deductions. A few key points to consider beyond what others have mentioned: Since this will be exclusively for business use, make sure you clearly separate the business portion from any personal use areas. The IRS is very strict about the "exclusive use" test for home office deductions. For the renovation costs, you'll want to break down the expenses into categories: - Structural improvements (framing, drywall) = depreciated over 39 years - Equipment and fixtures that can be removed (certain lighting, shelving) = potentially Section 179 deductible - Electrical work specifically for business equipment = may qualify for faster depreciation One strategy to consider: if you're planning to expand the business further, you might want to size the space slightly larger than current needs. The business use percentage is based on square footage, so maximizing the dedicated business area (while keeping it reasonable) can increase your deductible percentage. Also, don't forget about the ongoing expenses once it's complete - utilities, insurance, maintenance, etc. can all be deducted based on the business use percentage of your home.

With $135k in annual income from the Etsy business, you're definitely in a position where maximizing legitimate deductions makes financial sense! A few additional considerations for your basement renovation project: **Timing Strategy**: Consider the timing of your renovation expenses. If you're expecting the business to continue growing, you might want to spread major expenses across tax years to optimize your overall tax situation. **Business Entity Consideration**: At $135k in income, it might be worth exploring whether your wife should consider forming an LLC or S-Corp for tax advantages. This could affect how home office deductions are handled. **State Tax Implications**: Don't forget to check your state's rules on home office deductions - some states don't conform to federal home office deduction rules, which could impact your overall tax strategy. **Record Keeping System**: Set up a dedicated business bank account and credit card for all renovation expenses if you haven't already. This makes tracking and documenting business expenses much cleaner for tax purposes. The basement renovation sounds like a smart investment for a growing business - just make sure you're maximizing all the legitimate tax benefits available to you!

Lots of suggestions here but just want to point out - if ur working at Taco Bell part time, u might not be making enough to owe federal taxes at all, especially if its just a few hours a week. The standard deduction for 2025 is like $14,600 for single filers so if ur total income from both jobs is under that, you wouldn't owe federal income tax anyway.

I went through this exact same situation last year with my two part-time jobs! The OASDI confusion is totally normal - most people don't realize that's just the fancy name for Social Security tax. Here's what I learned the hard way: you definitely need to be proactive about your withholding when you have multiple jobs. I ended up owing about $800 at tax time because neither employer was withholding enough federal tax. Each payroll system treats your job like it's your only income, so they calculate withholding based on just that one paycheck amount. My advice: grab your most recent paystubs from both jobs and add up what you'll make annually from each. Then use that total to figure out what tax bracket you'll actually be in. The IRS withholding calculator that Malik mentioned is great, but if you want something even simpler, just ask your Taco Bell manager to withhold an extra $30-50 per paycheck until you can get the exact numbers figured out. It's way better to get a refund than owe money you don't have!

Besides the SS-8 form everyone's mentioning, don't forget you may be eligible for significant employment benefits you've been missing out on. Depending on your state, these might include: - Unemployment insurance if you're laid off - Workers' compensation if injured on the job - Employer contributions to Social Security/Medicare - Potentially overtime pay if applicable - Employment protections against discrimination Your employer is saving roughly 7.65% on payroll taxes, plus unemployment insurance costs, possible benefits, etc. This isn't just a tax issue - it's about your rights and compensation as a worker.

As someone who went through a similar misclassification situation, I want to emphasize that you should act on this sooner rather than later. The IRS takes worker misclassification seriously, and the longer it continues, the more complicated it becomes to unwind. A few practical steps based on my experience: 1. Start documenting everything NOW - save emails, text messages, work schedules, any communications about the classification change 2. Calculate how much extra you've paid in self-employment taxes (the additional 7.65% your employer should have covered) 3. Check if your state has its own worker classification laws - some states are more aggressive about pursuing misclassification than the federal government When I approached my employer about a similar situation, I framed it as "protecting both of us from potential penalties" rather than accusing them of wrongdoing. The IRS can impose significant penalties on employers for misclassification, including back taxes, interest, and fines. If your employer is resistant to fixing this, don't hesitate to file Form SS-8. The IRS determination will be binding and protect you from future issues. You've been paying taxes you shouldn't have been responsible for - this isn't just about paperwork, it's about real money that belongs in your pocket.