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I'm in a similar situation - filed CA on 1/20 and still showing "Processing" while my coworker who filed 1/25 already got her refund deposited yesterday. It's definitely frustrating when you see the inconsistency. I called the FTB customer service line (1-800-852-5711) yesterday and they basically told me the same thing - wait the full month before they can look into it further. The rep did mention that some returns get flagged for additional review even if there's nothing wrong, which can add 2-3 weeks to processing time. Might be worth calling just to confirm there are no issues with your return, but they probably won't tell you much more than what's already on the website.

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That's really helpful info about calling them! Did they give you any indication of what might trigger a return to get flagged for additional review? I'm wondering if it's completely random or if there are certain things that increase the chances. Also, did they at least confirm that your return doesn't have any actual issues or errors?

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I've been dealing with CA tax processing delays for years and here's what I've learned: FTB has been notoriously slow since 2020, especially in January/February. The "1 month" timeline they give is actually pretty standard now, even though it used to be 2-3 weeks pre-pandemic. Your return being stuck in processing while others filed later get theirs is unfortunately normal. It could be as simple as your return hitting a different processing queue, or your SSN ending in certain digits that get batched differently. I've seen people file the exact same day with similar returns and one gets processed in 10 days while the other takes 6 weeks. Don't stress too much about it - as long as you're seeing the "Processing" checkmark, you're in the system and moving forward. The FTB is actually pretty reliable about eventually getting refunds out, they're just slow. If you hit the 30-day mark with no movement, then definitely call.

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As someone who's dealt with similar brokerage tax form issues, I'd strongly recommend documenting everything in writing with Robinhood. Send them an email clearly stating that as a non-resident alien, you should have received Form 1042-S, not Form 1099, and reference any tax treaty between your home country and the US. If they continue to refuse, you can still file correctly by including a statement with your return explaining the discrepancy. The IRS understands that brokerages sometimes issue incorrect forms. Make sure to claim any treaty benefits you're entitled to - don't let their mistake cost you hundreds of dollars. Also, double-check that your Form W-8BEN is current and on file with them. These forms expire every 3 years, and if yours lapsed, that could explain why they defaulted to treating you as a US person for tax reporting purposes.

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Dana Doyle

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This is really helpful advice! I'm curious - when you mention including a statement with the return explaining the discrepancy, is there a specific format the IRS expects for this kind of explanation? And should I attach copies of my correspondence with Robinhood showing they refused to issue the correct forms?

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Kaylee Cook

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For the statement explaining the discrepancy, there's no strict IRS format, but it should be clear and concise. I'd recommend titling it something like "Statement Regarding Incorrect Tax Form Issued by Brokerage" and include: (1) your status as a non-resident alien, (2) that you should have received Form 1042-S instead of 1099, (3) reference to the applicable tax treaty, and (4) that you attempted to get the correct forms from the brokerage. Definitely attach copies of your email correspondence with Robinhood showing you requested the correct forms and they refused. This creates a clear paper trail for the IRS showing you made good faith efforts to obtain proper documentation. Also include a copy of your current Form W-8BEN if you have it on file with them.

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I had a very similar situation with TD Ameritrade a couple years ago. What worked for me was escalating beyond regular customer service to their compliance department. Brokerages have regulatory obligations to issue correct tax forms, and compliance teams tend to take this more seriously than regular support. Call and specifically ask to speak with "compliance" or "regulatory affairs" and explain that as a non-resident alien, the 1099 form creates incorrect tax reporting that violates treaty provisions. Mention that this could be a regulatory issue if they're not properly classifying account holders. In the meantime, you can absolutely file with the 1099 but include Form 8833 to claim your treaty benefits and attach a detailed explanation. The IRS sees these situations regularly and has procedures to handle them. Just make sure you're claiming the correct treaty benefits - don't let their mistake cost you that $780! Also, definitely file a new W-8BEN immediately for next year. These expire every 3 years and if yours lapsed, that's probably why they defaulted to treating you as a US person.

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Question for anyone who's dealt with this - does the deadline for filing an amended return follow the same April 15th deadline as regular returns? I just realized I have the exact same situation from a 401(k) rollover last year.

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Ryan Kim

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You actually have 3 years from the original filing deadline to submit an amended return. So if you're talking about a rollover that happened in 2023 for taxes you're filing in 2024, you would have until April 15, 2027 to submit the amendment. That said, it's always better to fix errors sooner rather than later!

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I'm dealing with a very similar situation right now! I also forgot to include a 1099-R from a 401(k) rollover when I filed last month. Reading through all these responses has been incredibly helpful - it sounds like the consensus is to wait until the original return processes, then file the 1040-X amendment. One thing I'm curious about - has anyone here dealt with a rollover that involved multiple transactions? My situation is a bit more complex because my old employer's plan was liquidated in stages, so I received two separate 1099-R forms for what was essentially one rollover process. I'm wondering if I need to report both forms on the amendment or if there's a way to consolidate them since they were part of the same rollover event. Also, for those who used the services mentioned here like taxr.ai or Claimyr - did you find them helpful for more complex rollover situations, or are they better suited for straightforward cases?

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My tax guy explained that the key difference is whether the fee is for a specific service vs simply a charge for making the loan. True "points" are essentially prepaid interest, calculated as a percentage of the loan amount. If your origination fee is listed as "1% origination fee" (or 2.5% in your case), it's more likely to qualify. But if it lists specific services like "document preparation fee" or "underwriting fee," those usually don't qualify even if they're calculated as a percentage.

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OMG tax terms are so confusing! So basically if they call it "points" its deductible but if they call it "processing fee" its not, even if they're both just ways the bank makes money off you? That seems so arbitrary!

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The distinction isn't really about what they call it - it's about what the fee actually represents. The IRS looks at the economic substance, not just the label. Points are essentially prepaid interest that you pay upfront to get a better rate or to secure the loan. Service fees are payments for specific work done during the loan process. Even if a lender calls something "points," if it's really paying for document prep, appraisals, or underwriting work, the IRS won't treat it as deductible points. Conversely, if they call it an "origination fee" but it's calculated as a percentage of the loan amount and isn't tied to specific services, it likely qualifies. The best approach is to look at your HUD-1 or Closing Disclosure form. Section A lists your loan terms and any true discount points. Section B lists origination charges. If your 2.5% fee appears to be a general loan origination charge rather than payment for itemized services, you should be able to deduct it as points when you itemize.

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Amina Diop

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5 Quick tip that worked for me: You can also request your Wage and Income Transcript directly from the IRS, which shows all income reported under your SSN including W-2s and 1099s. You can request it online at irs.gov if you create an account. The only downside is that these transcripts sometimes don't become available until May or June for the previous tax year, which isn't helpful if you're trying to file by the April deadline. But at least it confirms what was or wasn't reported.

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Amina Diop

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17 This is what saved me when my employer went bankrupt and never sent W-2s! One thing to add - you can also call the IRS and request the transcript by mail if you can't create an online account for some reason.

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Just to add another perspective - I work in HR and deal with this situation fairly regularly. A few additional things to consider: If your employer paid you with a personal check and didn't complete proper onboarding (like the I-9), there's a good chance they're treating you as an independent contractor rather than an employee, even if you worked on-site. In that case, you'd receive a 1099-NEC instead of a W-2. However, if they had you working like a regular employee (set schedule, using their equipment, under their supervision), you should be classified as an employee regardless of how they paid you. This is important because it affects your tax obligations and potential refunds. I'd recommend keeping detailed records of your employment situation - emails, job description, work schedule, etc. This documentation could be crucial if there's ever a dispute about your worker classification. The IRS has specific criteria for determining employee vs. contractor status, and misclassification is actually pretty common with smaller employers.

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