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Has anyone filed for the foreign tax credit (Form 1116) as a non-resident alien? I have dividends from ADRs in my Robinhood account that had some foreign tax withheld. Can I still claim this credit?
Yes, you can absolutely claim the foreign tax credit on Form 1116 as a non-resident alien for foreign taxes withheld on dividends from ADRs. Make sure you categorize it under "Passive category income" on the form. Just note that you'll need to have the total amount of foreign tax paid documented on your 1099-DIV (Box 7). The credit is limited to the US tax liability on that same income, so you won't get more back than what you would owe on those dividends to the US.
As someone who went through the exact same situation last year (NRA grad student with wash sales), I can definitely relate to the frustration! Here's what worked for me: I ended up using the IRS Free File program through FreeTaxUSA, which supports 1040-NR and handles wash sales correctly. The key thing is making sure your capital gains go on Schedule NEC (Not Effectively Connected income) rather than Schedule D - most regular tax software gets this wrong for non-residents. For the wash sale reporting, you'll still report the transactions as shown on your 1099-B, but the software should automatically adjust the basis and disallow the loss per IRS rules. The good news is that as a non-resident, you're only taxed on your US-source income at capital gains rates (0%, 15%, or 20% depending on your total income). A few tips: - Keep all your 1099s and any foreign tax documents - If you have treaty benefits from your home country, make sure to claim them - Consider e-filing if possible - it's much faster than paper filing Don't let those expensive services take advantage of your situation. The free options can absolutely handle this if you're willing to spend a bit of time learning the process!
I work in bookkeeping and have dealt with this exact situation many times. Here's what I recommend: prepare everything in December - complete the form, write the check dated 12/31/2022, and have the envelope ready to go. Then mail it on January 1st, with the signature dated 12/31. This way, your accounting books close cleanly in 2022 (check dated and recorded in December), but you're not technically filing before the quarter ends. The IRS generally looks at postmark dates, not signature dates, when determining timely filing.
Would it work to use the electronic filing option instead? That way everything could be prepared in December but submitted electronically on January 1st?
I've been dealing with quarterly tax filings for years as a small business owner, and I completely understand your desire to keep everything clean within the calendar year. However, I'd strongly advise against filing before December 31st, even if you're certain no more wages will be paid. The issue isn't just about IRS flags or suspicion - it's about the legal certification you're making when you sign the form. By signing, you're certifying under penalty of perjury that the information is "true, correct, and complete" for the entire quarter. Since the quarter hasn't ended yet, you technically can't make that certification honestly. Here's what I do in similar situations: I prepare everything in December - calculate all the numbers, fill out the form completely, and even write the check. But I wait until January 1st to sign and mail it. This gives me the peace of mind that my accounting is done for the year, but I'm not creating any compliance issues with the IRS. The postmark date is what matters for timely filing, not when you prepared the paperwork. This approach has worked well for me for over 5 years without any issues.
I would recommend using the IRS Free File program if your income is that low. Go directly to IRS.gov and look for Free File options. They have partnerships with tax software companies that will let you file completely free if your income is below certain thresholds, which clearly you would qualify for with zero income.
I was in almost the exact same situation last year - zero income and two kids. Yes, you can absolutely claim the Child Tax Credit! The key is understanding that part of it is "refundable" which means you get money back even if you don't owe any taxes. For 2024 taxes (filing in 2025), you can get up to $1,600 per qualifying child under 17 through the Additional Child Tax Credit, even with zero income. There's no special non-filer tool this year - you just file a regular tax return showing $0 income. I used the IRS Free File program on IRS.gov and it walked me through everything. Make sure you have your kids' Social Security numbers and can prove they lived with you more than half the year. The process was actually simpler than I expected, and I got about $3,200 total for my two kids. It was a huge help during a really tough time. Don't let anyone tell you that you can't get tax credits without income - that's one of the biggest misconceptions out there!
Thank you so much for sharing your experience! This is exactly what I needed to hear. I've been so stressed thinking I wasn't eligible for anything because I don't have a job right now. It's really reassuring to know that someone in basically the same situation was able to get the credit successfully. Quick question - when you filed showing $0 income, did the IRS ever question it or ask for additional documentation? I'm worried they might think it's suspicious or something. Also, how long did it take to actually receive the refund after you filed?
Got the same letter last week and I'm actually relieved they're cracking down on this. The amount of people claiming fuel credits without proper documentation was getting out of hand. If you legitimately qualify and have the receipts, you'll be fine - just make sure everything is organized and legible before you send it in. The 30-day deadline is firm so don't wait until the last minute. For anyone who followed those social media "hacks" without understanding the requirements, this is a good reminder that the IRS always catches up eventually.
Norman Fraser
I'm going through the exact same situation right now! My therapist prescribed my emotional support dog for my PTSD, and I've been tracking all expenses carefully. What I've learned from researching this extensively is that the IRS hasn't changed the fundamental rules for 2024, but they are definitely scrutinizing these deductions more closely. The most important thing is having proper documentation - your doctor's letter needs to specifically state that the ESA is prescribed for treating a diagnosed mental health condition, not just general companionship. I keep a spreadsheet separating necessary medical expenses (basic food, vet visits, medications) from regular pet expenses (toys, fancy treats, decorative items). One tip that helped me: I called my doctor's office and asked them to revise my ESA letter to be more specific about the medical necessity. The original letter was too vague, but the updated version clearly connects my diagnosed condition to why I need the animal for treatment. This documentation will be crucial if you ever face questions from the IRS.
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Kaitlyn Otto
ā¢That's really helpful advice about getting the doctor's letter revised to be more specific! I'm curious about the spreadsheet approach you mentioned - do you track expenses by month or by category? I'm trying to set up a good system now before I accumulate too many receipts. Also, did your therapist have any pushback about making the letter more medically specific, or were they understanding about the tax requirements?
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Mateo Silva
ā¢I track by both category and month in my spreadsheet - it makes it easier to see patterns and prepare for tax season. Categories like "Veterinary Care," "Food & Nutrition," "Training," etc. My therapist was actually very understanding about revising the letter. She said she's had several patients ask for more detailed ESA documentation lately, so she knows what language the IRS typically looks for. The key was explaining that I needed it to clearly connect my PTSD diagnosis to why the dog is medically necessary for my treatment plan, not just emotional comfort.
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Micah Franklin
I appreciate everyone sharing their experiences! As someone who's been dealing with ESA deductions for a few years now, I wanted to add that it's also worth keeping documentation about when you acquired your emotional support animal. The IRS may want to see that the timing aligns with your diagnosed condition and treatment plan. I learned this the hard way when I had to explain why I got my ESA two years after my initial diagnosis. Fortunately, I had session notes from my therapist showing that we discussed getting an emotional support animal as part of my ongoing treatment, which helped establish the medical timeline. Also, don't forget that if you move for medical reasons related to your condition (and your ESA), some of those moving expenses might also be deductible as medical expenses. It's a lesser-known rule that could apply if you relocate to be closer to specialized care or a more suitable living environment for managing your condition.
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