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Ask the community...

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Gabriel Ruiz

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Has anyone had experience with what happens AFTER the 5 calendar years? Do you need to notify your university employer or will they automatically start withholding FICA? My 5 years is coming up next semester and I'm worried about this.

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Adaline Wong

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In my experience working with international students, most university payroll systems don't automatically track when your 5-year FICA exemption expires. You should definitely notify your payroll department a month before you hit that 5-year mark. If they don't start withholding properly, you could end up owing both your portion AND the employer portion of FICA taxes when you file your return, which can be a significant unexpected expense.

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Mei Lin

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This is such a helpful thread! I'm also an F1 student (year 2) married to a US citizen and was completely confused about this exact issue. Reading through everyone's experiences has been really reassuring. One thing I want to add - when I spoke with my university's international student services office about this, they actually weren't sure about the distinction between FICA exemption and filing status either. It seems like this is a pretty common area of confusion even among advisors. For anyone in a similar situation, I'd recommend getting documentation of your F1 status dates and keeping good records of when you first arrived in the US. The 5-year countdown is based on calendar years, not academic years, so it's important to track this carefully. My advisor suggested keeping a simple spreadsheet with arrival date, visa status changes, and any periods when I left the US for extended periods. It's great to know that I can take advantage of MFJ filing while keeping my FICA exemption - that could save us quite a bit on our taxes this year!

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Tony Brooks

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This is really great advice about keeping detailed records! I'm also an F1 student (just started year 1) and hadn't thought about tracking this so carefully. The calendar year vs academic year distinction is something I definitely need to note. Quick question - when you say "extended periods" of leaving the US, do you know if short trips home during winter/summer breaks affect the 5-year countdown at all? Or is it literally just based on which calendar years you were present in F1 status regardless of brief departures? Also, thanks to everyone who shared info about the tax tools and IRS contact services. As someone new to the US tax system, this whole thread has been incredibly educational!

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Has anyone tried filing through mobile web browsers instead of apps? My phone doesn't have much storage left for another app but I still need to file from it.

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I filed through FreeTaxUSA's mobile website last month and it worked fine on Chrome on my Android. The interface adjusts pretty well to phone screens. Just make sure you have a stable internet connection since browser-based filing doesn't save locally like some apps do.

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I actually filed my taxes completely from my phone this year and it was way easier than I expected! I used TurboTax Mobile and the whole process took about 2 hours spread over a couple evenings. The photo capture feature for uploading documents worked really well - just snap pics of your W-2 and 1099 and it pulls all the info automatically. Way better than typing everything manually on a small screen. The app walks you through each section step by step, so you don't miss anything important. Since you mentioned being worried about security, I'd definitely stick with the major established providers like TurboTax, H&R Block, or FreeTaxUSA. They all have strong security measures and are authorized IRS e-file providers. Just make sure to download directly from the official app store and look for the verified developer badges. One tip: have your documents organized before you start since switching between apps to find info can be annoying on mobile. Good luck with your filing!

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Has anyone tried calling the IRS e-file help desk directly? The number is 866-255-0654. They have specific agents who deal with e-file rejections and can often tell you exactly what AGI is in their system. I had to use this last year when my return kept getting rejected.

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I tried that number yesterday and after waiting 45 minutes the call disconnected. Tried again today and got a message saying they're not accepting calls due to high volume. Seems like every IRS number is impossible to get through right now.

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Yara Khoury

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I went through this exact same frustration last year! After trying everything - the correct AGI, entering "0", calling multiple IRS numbers - what finally worked for me was requesting a "Verification of Non-filing Letter" from the IRS website. Even though I HAD filed, the letter showed what AGI the IRS had on record for me, and it was different from what was on my copy of the return by about $150. Apparently when they processed my paper return, they made some adjustment that I was never notified about. Once I used the AGI from that verification letter, my e-file went through immediately. You can request it online through your IRS account at irs.gov - it's free and usually available within 24 hours. Just look for "Get Transcript" and select "Verification of Non-filing Letter" even though you did file. It sounds backwards but it shows the AGI they have on record. This might be faster than trying to get through to an agent on the phone, especially during tax season when their lines are slammed.

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Does a basis calculation apply to Net Section 1231 Gains on partnership K-1?

I'm trying to figure out if I need to calculate a basis for Net Section 1231 Gains that were reported on a partnership K-1. I received an interest in a real estate limited partnership when my uncle passed in 2019. The property sold last year and I got the final K-1 showing a Net Section 1231 gain of around $21,500. Here's my problem - the general partner never gave me a fair market value when I inherited the partnership interest. My capital account at the time was negative (about -$630). I filed my taxes using the -$630 as my basis last April, thinking I'd fix it later with an amended return. Now I'm running out of time to file that amendment. When I finally reached the GP a couple weeks ago, he claimed that Net Section 1231 gains already have the partner's basis factored in, which is why he never provided a valuation. Is that actually true? If he's wrong, what section of the tax code can I point to that requires him to provide a valuation? Are there other ways to get a defensible valuation? My tax guy warned me that just estimating a basis (like assuming the basis equals the sale price since I only had it for a year) could be risky on an amended return. If the GP is correct and I should use $0 basis, how do I explain switching from the -$630 I originally reported? Or would my basis actually be +$630 (negative capital account becomes positive basis)? I get the general basis rules for inheritances, but I'm specifically confused about whether Net Section 1231 Gains work differently as the GP is suggesting. I've looked through IRS publications and haven't found anything that discusses this specific situation.

FireflyDreams

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The interaction between Section 1231 gains and partnership basis is complicated. Here's what you need to know: your basis in a partnership is adjusted by your share of partnership income (including section 1231 gains), but that adjustment happens AFTER those gains flow through to you. In other words: 1. Section 1231 gain flows to you via K-1 2. You report that gain on Form 4797 3. Then your basis in the partnership increases by that gain amount So your GP is totally mixing up cause and effect here.

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StormChaser

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This makes perfect sense and helps clarify the timing issue. So essentially, if my inherited interest was worth $15,000 when I received it, and then I report the $21,500 Section 1231 gain on my 4797, my basis in the partnership would increase to $36,500 (assuming no other adjustments), but that doesn't affect how much gain I report from the K-1. Is that right?

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FireflyDreams

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That's exactly right. The $21,500 flows through to you regardless of your basis, and then afterward, your basis would increase to $36,500 (assuming no other adjustments like distributions). But since this was the final K-1, I'm guessing the partnership is terminating, so that increased basis would only matter if there's a final liquidating distribution coming to you. If that's the case, you'd compare that final distribution to your ending basis ($36,500 in this example) to determine if you have any additional gain or loss on the termination.

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Lauren Wood

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I'm dealing with a very similar situation right now with an inherited partnership interest from 2020. My GP also tried to tell me that Section 1231 gains "already account for basis" which made no sense to me either. After reading through this thread and doing more research, I found that IRC Section 742 specifically addresses basis of transferred partnership interests, and Section 1014 covers the stepped-up basis for inherited property. These sections make it clear that you get a stepped-up basis equal to FMV at date of death, completely separate from how the partnership calculates Section 1231 gains on its assets. I ended up getting a professional appraisal of my partnership interest as of the date of inheritance. It wasn't cheap ($2,500) but it gave me defensible documentation for the IRS. The appraiser used discounted cash flow analysis based on the partnership's real estate holdings and debt structure. One thing that helped me push back on my GP was citing Treasury Regulation 1.704-1(b)(2)(iv)(l), which requires partnerships to maintain capital accounts but clarifies that capital accounts are NOT the same as outside basis for tax purposes. Your GP seems to be confusing these concepts just like mine was. Don't let them push you around on this - you have every right to proper documentation of your inherited basis.

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Don't forget about IRS Publication 551 which specifically covers "Basis of Assets" - it has examples for different scenarios. The most important thing to remember is that distributions from rental activities typically aren't affecting your basis the way you might think. For regular rental income: 1. Rental income doesn't reduce your basis 2. Rental expenses don't increase your basis (except capital improvements) 3. Depreciation DOES reduce your basis 4. Money you take out of the rental business doesn't affect basis This is different from partnership distributions where distributions can reduce your basis. Are you operating this as a sole proprietor or through an entity? That makes a big difference in how basis is calculated and tracked.

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Lara Woods

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But what if you refinance the property and take cash out? Does that reduce your basis? I did that last year and my tax guy mentioned something about it potentially being tax-free but tracking for later...

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Refinancing and taking cash out generally doesn't reduce your basis. This is often considered a loan, not income. The cash you receive isn't taxable when you get it, and it doesn't reduce your basis. However, your tax guy is right about tracking it. While the cash-out itself doesn't affect basis, it can create a situation where you have "negative equity" if you owe more than your adjusted basis. This can become important when you sell the property later, as it might limit your ability to defer taxes through a 1031 exchange or could trigger debt forgiveness income in certain situations.

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Adrian Hughes

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I'm actually dealing with this right now for a property I sold last year. One tip nobody mentioned yet: KEEP EVERY RECEIPT for improvements! I mean everything. New roof? Keep it. New appliances? Keep it. Even small stuff like cabinet hardware adds up. When I sold my rental last year, I was able to add almost $67k to my basis from improvements I made over 8 years. That significantly reduced my capital gains tax. I used a simple Google Sheet to track: - Original purchase price - Plus: Improvements (itemized by date) - Minus: Depreciation taken each year - Equals: Adjusted basis at time of sale The IRS allows you to include closing costs in your basis too! Don't forget those.

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How far back can you go for improvements? I have a rental I've owned for 15 years and I'm sure I'm missing receipts from the early years. Also did you have to submit all those receipts with your tax return or just keep them in case of audit?

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Aisha Mahmood

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You can go back as far as you've owned the property for improvements - there's no time limit. The IRS expects you to have records, but they understand that older receipts might be missing. If you're missing some from the early years, try to reconstruct what you can using: - Bank statements showing payments to contractors - Credit card statements for materials - Photos with timestamps showing before/after improvements - Permits pulled (city records often go back decades) - Insurance claims that might have covered improvements You don't submit the receipts with your return - just keep them for your records. The IRS only sees them if you get audited. But definitely document everything you can find, even estimates are better than nothing. I had a few improvements where I could only estimate costs based on similar work done later, and my accountant said that was acceptable as long as the estimates were reasonable.

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