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Help filing US Taxes - Confused about Resident Status & Substantial Presence Test

Hi there! First time dealing with US taxes and I'm totally confused about my resident status. I relocated to the US on February 14th, 2024 and stayed in one state the entire year. According to my USCIS paperwork, I'm classified as a non-resident alien, but for IRS purposes, I might qualify as a resident alien based on the Substantial Presence Test. I tried following the IRS guidelines on the Substantial Presence Test and by my calculations, I passed the SPT around March 5th, 2025 based on the day-counting formula. But then I came across something called the "closer connection exception to the Substantial Presence Test" which lists some conditions that might exempt me from being considered a resident alien for tax purposes. For context - before moving to America, I was paying taxes in Brazil (my home country) for January 2024 and filed my tax returns there for the 2023-24 fiscal year. I haven't applied for a Green Card. I was physically present in the US for about 320 days in 2024. I have two main questions: 1. For the Substantial Presence Test, do we only count the 31 days in the current year (2025) or do we count days up until we actually file taxes? 2. Do I qualify for the SPT exemption? And do I need to meet ALL the conditions listed or just some of them (AND or OR logic)? The IRS language is so confusing! Any help would be greatly appreciated! I'm stressing about getting this right.

One more point that could apply to your situation - if you're considered a resident alien for tax purposes but a nonresident for USCIS/immigration purposes, make sure to check if there's a tax treaty between the US and Brazil. Many countries have tax treaties with the US that can reduce or eliminate double taxation on certain types of income. As a first-year resident, you might qualify for special provisions under the treaty. For example, I'm from India, and under the US-India tax treaty, there are special provisions for students, teachers, and researchers that can exempt certain income from US taxation for a limited time.

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How do you claim tax treaty benefits? Is there a specific form you need to file with your return?

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There is indeed a tax treaty between the US and Brazil that could potentially help with your situation! The US-Brazil tax treaty includes provisions that can help prevent double taxation and may provide certain benefits for new residents. To claim treaty benefits, you'll typically need to file Form 8833 (Treaty-Based Return Position Disclosure) if you're taking a position that the treaty overrides or modifies an Internal Revenue Code provision. However, not all treaty benefits require this form - some can be claimed directly on your tax return. Since you were paying taxes in Brazil for part of 2024, you might also be eligible for the Foreign Tax Credit (Form 1116) to offset taxes you paid to Brazil against your US tax liability. This can help reduce the double taxation burden even if specific treaty provisions don't apply. Given the complexity of your situation - being a dual-status alien with foreign income and potential treaty benefits - I'd strongly recommend consulting with a tax professional who specializes in international taxation. They can help you navigate both the residency determination and any available treaty benefits to ensure you're not overpaying taxes to either country.

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Is federal tax seriously taking 20% from my new $17/hr job??

Just got my first paycheck from my new job and I'm completely shocked! I make $17/hr but after taxes I'm only seeing about $13.60/hr in my actual pay. That's close to 20% gone just from federal taxes alone! When you add in all the other deductions, I'm losing like a quarter of my paycheck. I've got another part-time gig that helps me stay afloat, but if my main job is going to keep withholding this much, I seriously don't know how I'll manage my bills. I was counting on that full $17/hr when I budgeted for rent and utilities this month. Called payroll already and they said they'll get back to me on Friday, but I'm stressing out waiting. Could this be a mistake? Is this normal for federal withholding at this pay rate? I've never had a job take this much before. Trying to figure out if I need to adjust my W-4 or something.

The withholding tables were updated recently too, and sometimes that causes issues. I'm a payroll specialist (not for your company obviously) and we've had several employees come to us with similar concerns this year. Another thing to check: did they withhold for a full pay period, or could this first check be for just part of a pay period? Sometimes that first check can look weird if you didn't start exactly at the beginning of a pay cycle.

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Not OP but this is a good point! My first check at my current job was tiny and I freaked out, then realized it was only for 3 days instead of 2 weeks. Felt pretty dumb after that lol

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Why don't you just claim exempt? I did that when I was making $16/hr and got way more in my checks. You can always pay what you owe at the end of the year if needed.

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Maybe for some people, but I've done it for years and just save a bit from each check to cover what I might owe. I hate giving the government an interest-free loan all year. Would rather have my money now when I need it. Besides, at $17/hr, OP probably qualifies for earned income credit and other things that might offset what they owe. The tax system is designed to help lower-income workers.

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@Victoria Charity I understand wanting more money in your paycheck right now, but claiming exempt when you re'not eligible can lead to serious consequences. The IRS can penalize you for underpayment, and at $17/hr with two jobs, OP likely will owe taxes at the end of the year. A better approach would be to use the IRS withholding calculator or adjust the W-4 properly to reduce overwithholding without going to zero. That way you get more money in your checks but still cover your tax liability throughout the year. The goal should be to break even at tax time, not owe a large amount you might not be able to pay.

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Do I have to file my 1099-MISC for Gig Work income under $2000?

I'm freaking out a bit because I'm not sure if I need to file my 1099-MISC or not. This is my first time doing any kind of independent contractor work. I drove for DoorDash for a couple months last fall and only made $1,924.53 total. I thought there was some kind of minimum threshold where you don't have to file taxes if you made under a certain amount? But when I tried the questionnaire thing on the IRS website, it seemed to say I DO need to file, but honestly I'm not 100% sure I answered everything correctly since this is all new to me. Also, I'm confused about what "state income" means on the 1099-MISC. It shows the $1,924.53 (total I earned) under state income, but I don't see anything about federal income anywhere. Is that supposed to be somewhere else or does that not apply to me since I made such a small amount? Any help would be really appreciated! I've never had to deal with anything other than a W-2 before.

I'm confused about something related to this... if I have both W-2 income from my main job AND 1099 income from side gigs, do I combine them or file separately? My 1099 is only like $900 but my W-2 job pays over $45k.

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You'll file just one tax return that includes both income sources. Your W-2 income goes on one part of Form 1040, while your 1099 income gets reported on Schedule C (where you'll also list your business expenses). You'll then complete Schedule SE to calculate self-employment tax on your net 1099 earnings. The combined income determines your income tax bracket, but only the 1099 net profit is subject to self-employment tax. Since your 1099 income is relatively small compared to your W-2 income, it won't drastically change your tax situation, but you'll still need to pay self-employment tax on the net profit from your side gig.

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Thanks so much for explaining! That makes way more sense now. I was worried I'd have to file completely separate returns or something complicated. Appreciate the quick and clear explanation about Schedule C and Schedule SE too - I hadn't heard of those before.

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Just to add one more important point that might help you feel less overwhelmed - even though you need to file, the good news is that with only $1,924 in DoorDash income, your actual tax burden will likely be pretty small after deductions. Don't forget you can deduct business expenses like: - Mileage (probably your biggest deduction - 67ยข per business mile for 2024) - Phone bill percentage (if you use it for deliveries) - Insulated delivery bags - Car phone mounts or other equipment - Even parking fees or tolls during deliveries Many gig workers find that after legitimate business deductions, their net profit drops significantly, which reduces both their income tax and self-employment tax. The self-employment tax on your net earnings will be around 15.3%, but you also get to deduct half of that self-employment tax when calculating your income tax. Since this is your first time with 1099 income, consider using tax software that handles Schedule C and Schedule SE, or consult with a tax professional to make sure you're claiming all eligible deductions.

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Do I have to pay taxes on gift money from family I've saved up over the years?

I've been keeping a wooden lockbox since middle school where I've stashed all my birthday and holiday money from relatives. I pretty religiously added to it for about 8 years but haven't really touched it since high school. Just kept it tucked away in my closet as my "emergency fund" for when life throws something unexpected at me. Well, that day has finally come - my car needs major transmission work that insurance won't cover. I opened up the box yesterday and counted about $15,700 which will cover the repairs with some left over. I'm planning to deposit it all into my checking account, but then I started wondering - will I have to pay taxes on this money when I deposit it? Everything in there was gifts from grandparents, aunts/uncles, parents over the years, so I'm not sure how that works with taxes. Do I need to report this somehow or keep any documentation?

Just for my own clarity on this gift tax thing - so if someone gives me $20,000 cash as a gift in 2025, they would have to report that to the IRS since it's over the $18,000 limit, but I still don't pay any taxes on it as the recipient? Is that right?

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That's exactly right. If someone gives you $20,000 in 2025, they would need to file a gift tax form (Form 709) to report the $2,000 that exceeds the annual exclusion. But even then, they probably wouldn't actually pay any gift tax because it would just count against their lifetime gift/estate tax exemption (which is currently over $13 million per person). And yes, you as the recipient never pay taxes on gifts regardless of the amount. The gift tax system is designed to prevent wealthy people from avoiding estate taxes by giving away all their money before death.

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This is such a smart way to save money over the years! You're absolutely right not to worry about taxes on this. As others have mentioned, gift recipients don't pay taxes on the money they receive - that responsibility falls on the gift giver, and since these were small amounts given over many years by different family members, they were almost certainly all under the annual exclusion limits. Just wanted to add one practical tip for your bank deposit: consider calling ahead to let them know you'll be making a large cash deposit. Some banks appreciate the heads up, and you can briefly explain it's accumulated gift money you've been saving. This can make the process smoother and shows you're being transparent about the source. Good luck with your car repairs - it must feel great to have that emergency fund paying off exactly when you need it!

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Can I apply a tax overpayment from 7+ years ago to next year's tax return? Self-employed with unfiled returns

Hey everyone, I'm in a bit of a mess with my taxes and could really use some advice. So I'm trying to finally get caught up on my old tax returns. I'm missing 2017 and 2018 filings - never got around to them even though I was making quarterly estimated tax payments as a self-employed contractor during both years. Here's my situation: I definitely overpaid my taxes in 2017 (probably by about $3,200) but then underpaid in 2018 by maybe $800 or so. I'm wondering if there's any way I can still apply that 2017 overpayment toward covering my 2018 balance? Everything I find on Google basically says I can't get a refund after 3 years, but I wasn't sure if applying an overpayment to a subsequent year works differently than requesting an actual refund check. The IRS website has some confusing language about it that I can't quite figure out. Anyone deal with something similar or know if this is possible? Really appreciate any help!

One tip about filing these old returns - don't e-file! The IRS only accepts electronic filing for the current tax year and 2 years prior. For anything older than that, you have to mail paper returns. Also, be sure to mail each tax year in a separate envelope. If you send multiple years together, it increases the chances of processing errors.

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And make sure you're using the tax forms from those specific years! The IRS changes forms slightly each year, so you need the 2017 forms for 2017 and 2018 forms for 2018. You can find old forms on the IRS website in their "Prior Year" section.

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Just wanted to add something that might help with your peace of mind - even though you can't recover that 2017 overpayment, filing both returns will at least give you a complete picture of your tax situation from those years. I was in a similar boat with unfiled returns and kept putting it off because I was overwhelmed by all the unknowns. Once I finally bit the bullet and filed everything, it was honestly such a relief to have it done and know exactly where I stood with the IRS. One thing that helped me was creating a simple spreadsheet tracking what I owed for each year including estimated penalties, so I could budget for the payments. The uncertainty was actually worse than the reality of what I ended up owing. Good luck getting everything sorted out - you're already taking the right steps by researching this and planning to file!

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