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Has anyone actually been audited after claiming trader tax status? I'm worried about claiming all these benefits and then getting hit with an audit. What documentation should I keep?
Thx for sharing your experience! That's really helpful. Did you end up keeping your trader status after the audit or did the IRS deny it? And did you have any issues specifically with the mark-to-market accounting method?
I kept my trader status after the audit, but it was stressful and expensive. The key was having detailed documentation from day one. For mark-to-market, they scrutinized whether I properly segregated my trading securities from any investment positions. I had to provide monthly statements showing clear separation between accounts. The IRS agent was actually pretty reasonable once I showed them my daily trading logs (I used a simple spreadsheet tracking hours spent, markets analyzed, and trading decisions). They were mainly looking to see if I was truly running a trading business vs. just being an active investor. My advice: start documenting everything NOW, even before you officially claim trader status. The audit happened 18 months after filing, so you need records going back that far.
Just wanted to add something that helped me tremendously when I was preparing for trader tax status - keep a detailed business plan and update it annually. The IRS wants to see that you're treating this like a legitimate business, not just gambling or hobby trading. My business plan included: - Trading strategies and methodologies - Risk management protocols - Capital allocation rules - Performance tracking metrics - Professional development goals (courses, certifications, etc.) During my consultation with a tax attorney, they mentioned that having a formal business plan can be the difference between approval and denial if you're ever questioned on your trader status. It shows intent and professionalism. Also, one practical tip: set up a separate business checking account for all your trading-related expenses. This makes tracking deductible expenses much easier and shows clear separation between personal and business activities. The bank statements become automatic documentation for your business operations. The wash sale elimination alone with MTM makes this whole process worth it, but you really need to dot every i and cross every t with documentation.
Substantial presence test is tricky for students because there's actually an exception many don't know about! As a student on F-1/J-1 visa, your first 5 calendar years in the US don't count toward the substantial presence test. So depending on how long you were in the US, you might still qualify as a nonresident alien. Check out IRS Publication 519 (US Tax Guide for Aliens), specifically the "Exempt Individual" section. You might be overthinking this!
This is only partially correct. The exemption is limited to 5 calendar years for F-1 students (2 years for J-1 trainees). If OP was in the US for undergrad AND grad school, they likely exceeded this exemption period, which is why SprintTax is correctly identifying them as having passed the substantial presence test.
I went through this exact same situation two years ago! The transition from nonresident to resident alien status due to the substantial presence test is definitely confusing, but you're on the right track. Since SprintTax is telling you that you've passed the substantial presence test, you'll need to file Form 1040 as a resident alien. Here's what helped me: 1. **Yes, you can use regular tax software** like TurboTax, FreeTaxUSA, or H&R Block - the same software US citizens use. This is actually one of the benefits of resident status. 2. **Your scholarship income**: The $22,000 fellowship/scholarship needs to be broken down. Amounts used for tuition and required fees are generally tax-free, but amounts for room, board, and living expenses are taxable. Your school's 1098-T form should help with this breakdown. 3. **Campus job income**: The $15,600 from your campus job is straightforward taxable income - you should have received a W-2 for this. 4. **Don't panic about the deadline**: You can always file for an extension if you need more time to sort this out properly. One thing that really helped me was keeping detailed records of exactly which years I was in the US and my visa status each year. The substantial presence test calculation can be complex, especially with the student exemptions that might apply to some of your years. You've got this! The resident alien filing process is actually simpler in many ways than nonresident filing once you understand the basics.
Your transcript looks really good actually! That $9,350 refund is solid - it's your $3,707 withholdings plus your $5,642 Earned Income Credit, which is right on target for your HOH filing status and $33,740 AGI. The 570 code is just a standard hold while they finish processing after ID verification. Since you completed verification 2 weeks ago, you're right in the normal timeframe - most people see their hold release (usually with a 571 code) between 6-12 weeks after verification. The zero penalties and interest is a great sign that they're not finding any issues. That CP0005 notation is nothing to worry about - it just means your transcript contains protected taxpayer info. And the "No tax return filed" display is a common glitch during processing - your 04-15-2024 processing date proves they have your return. Keep checking your transcript on Friday mornings when updates typically happen. Once you see that 571 code or an 846 refund sent code, your money should hit your account within days. I know the wait is torture, but you're almost there! š¤
Thanks for breaking this down! I've been so confused about all these codes but you explained it really clearly. Quick question - you mentioned the EIC is $5,642 but I thought it was $5,042 from my transcript? Just want to make sure I'm reading it right. Either way, knowing that zero penalties/interest is a good sign makes me feel way better about this whole situation!
You're absolutely right to catch that! I made a typo - your EIC is $5,042, not $5,642. So your total refund is $3,707 (withholdings) + $5,042 (EIC) = $8,749... wait, that doesn't add up to $9,350 either. Let me look at this more carefully. There might be additional credits or withholdings not showing in the snippet you shared, or there could be other factors affecting the total. The important thing is your transcript shows -$9,350 as your account balance, which means that's what you're getting!
Don't stress too much about the exact math breakdown - sometimes there are additional small credits or adjustments that don't show up clearly in the main transaction lines. What matters is your account balance shows -$9,350.00, which is what you'll receive as your refund. Your situation is actually pretty textbook for post-ID verification processing. The 570 hold with zero penalties/interest is exactly what you want to see - it means they're not finding problems, just taking time to complete their review. Since you verified 2 weeks ago, you're right on track for the typical 9-12 week processing window. I'd recommend checking your transcript every Friday morning rather than daily (trust me, daily checking will drive you insane!). Once you see that 570 code reverse with a 571, or better yet an 846 refund sent code, you're golden. Most people get their deposit within 3-5 business days of seeing the 846 code. Hang tight - that $9,350 is coming your way! šŖ
This is such great advice! I've definitely been checking my transcript obsessively every day and it's been driving me crazy. Moving to weekly Friday checks sounds way more manageable for my sanity. Really appreciate everyone sharing their experiences here - makes me feel so much less alone in this process. Can't wait to see that 571 or 846 code finally show up! š
Another option is to request a "Tax Return Transcript" from the IRS, which is different from the Account Transcript someone mentioned above. A Tax Return Transcript will only be available for years you actually filed a return. So if you request one for 2019 and they say no transcript is available, that's a pretty clear sign you didn't file for that year.
Just wanted to share my experience with a similar situation. I had unfiled returns from 2018 and 2019 that I wasn't sure about, and like you, my IRS online account showed zero balance. I ended up using a combination of the approaches mentioned here. First, I requested Tax Return Transcripts for both years through the IRS website. For 2018, no transcript was available (meaning I hadn't filed), but for 2019, there was a transcript showing I had filed but with incorrect information. This gave me a clear picture of what I needed to fix. The key thing I learned is that zero balance doesn't mean you're fully compliant - it just means you don't owe money right now. The IRS can still come after you for unfiled returns even if you don't owe anything, and there can be penalties for late filing regardless of whether you owe taxes. Since you already mailed in your 2019 W2, I'd recommend requesting that Tax Return Transcript for 2019 in a few weeks to see if the IRS processes it and updates your filing status. That way you'll know for sure if everything is squared away.
This is really helpful advice, thank you! I never realized that zero balance and filing compliance were tracked separately. That explains why I've been so confused about my situation. I'm definitely going to request those Tax Return Transcripts for 2019 once my mailed W2 has had time to be processed. How long would you recommend waiting before requesting the transcript? I just sent the W2 in last week, so I'm guessing the IRS needs some time to process it and update their records. Also, do you know if there are any penalties for late filing if you don't actually owe any money? I'm worried I might get hit with fees even though my account shows zero balance.
Katherine Hunter
Important thing nobody's mentioned - you DEFINITELY need to file if you had ANY federal taxes withheld from your paychecks and want to get that money back!! I made only $7k last year at my part-time job but had about $300 withheld. Filed even though I was under the threshold and got all $300 back as a refund.
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Lucas Parker
ā¢Do you get ALL the federal tax back that was withheld if you're under the filing threshold? Or do they still keep some of it?
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Giovanni Greco
ā¢Yes, you typically get ALL of the federal income tax withheld back if you don't owe any federal income tax! If your income is below the filing threshold and you don't have any other tax obligations, your tax liability is essentially $0, so any federal income tax that was withheld gets refunded to you completely. The only taxes you wouldn't get back are things like Social Security and Medicare taxes (FICA), which are separate from federal income tax and don't get refunded. But the federal income tax portion - which is usually the bigger chunk - comes back 100% if you don't actually owe any income tax.
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Arjun Kurti
This is really helpful info everyone! I'm in a similar situation as Nina - had multiple income sources last year including some freelance graphic design work that paid me via 1099s (totaled about $800) plus a regular part-time job that was W-2. From what I'm reading here, since my 1099 income was over $400, I definitely need to file for the self-employment tax even though my total income was pretty low. I had no idea about this distinction before - I was only looking at the regular filing thresholds and thought I might be okay to skip filing this year. One quick question - if I file and discover I owe self-employment tax on that $800, roughly how much should I expect to pay? Trying to budget for this since I didn't set aside money throughout the year (rookie mistake, I know!).
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Tobias Lancaster
ā¢For self-employment tax on $800, you'd owe about 15.3% on 92.35% of that income (there's a small deduction). So roughly $800 Ć 0.9235 Ć 0.153 = about $113 in self-employment tax. Plus you might owe a small amount of federal income tax depending on your total income and filing status. The good news is if you had federal taxes withheld from your W-2 job, those withholdings can cover what you owe from the freelance work. And definitely don't beat yourself up about not setting money aside - most people don't know about the $400 self-employment threshold until they run into it! Just make sure to set aside about 25-30% of any future freelance income for taxes.
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