


Ask the community...
I know this is a bit off-topic, but make sure you're also checking if you need to file an FBAR (FinCEN Form 114) if your US financial accounts exceeded $10,000 at any point during the year. That requirement is separate from income tax filing and applies to many non-residents with US accounts regardless of whether you owe any tax.
This is important! I completely forgot about FBAR requirements when dealing with my non-resident tax situation and got hit with a warning letter. The penalties can be severe if they decide you willfully avoided filing. The $10,000 threshold is across ALL your US financial accounts combined, not just each individual account.
I went through this exact situation two years ago and can confirm what others have said about the 183-day rule. Since you had zero days of US presence, your capital gains from stock sales are not subject to US taxation as a non-resident alien. However, I'd strongly recommend keeping detailed records of your physical presence (or lack thereof) in the US. I maintained a simple spreadsheet with dates, locations, and even flight records showing I never entered the US that tax year. This documentation proved invaluable when I later had questions about my filing position. One thing to consider: if you had any taxes withheld at source on dividends or other income during the year, filing a 1040NR might actually get you a refund. But for pure capital gains with no US presence, you're correct that filing isn't required. Just make sure you understand the distinction between different types of income from your brokerage account.
This is really helpful advice about keeping detailed records! I'm curious - when you mention taxes withheld at source on dividends, how does that work exactly? My brokerage account shows some dividend payments this year but I'm not sure if any withholding happened. Would this show up somewhere specific on my 1099 forms, and if so, would it be worth filing just to potentially get that money back even if I don't owe anything on the capital gains?
I went through this exact same process about 6 months ago and totally understand the anxiety! The good news is that it's really not as scary as it seems at first. I called the number on my 5747C letter and yes, the wait time was brutal - about 2.5 hours on hold - but once I got through, the actual verification was pretty straightforward. The agent asked me to confirm basic info like my address, filing status, and some line items from my current and prior year returns. They also asked about my employer and a few specific deductions I claimed. The whole conversation took maybe 20 minutes once I was connected. My refund was issued exactly 6 weeks after the call, which was actually faster than they initially told me to expect. Just make sure you have your tax documents handy when you call - both this year's and last year's returns. The IRS agent was actually pretty helpful and explained that my return was flagged because I had moved states and changed jobs, which created an unusual pattern in their system. Don't stress too much about it - it's really just a verification process to make sure you are who you say you are!
Thanks for sharing your experience! It's really helpful to hear from someone who's been through this. The 2.5 hour wait time sounds absolutely brutal though - I'm dreading that part. Did you have to stay on the line the whole time or were you able to use speakerphone and do other things while waiting? I'm trying to figure out the best strategy for getting through without losing my mind on hold.
I definitely used speakerphone and did household chores while waiting! Just make sure your phone is fully charged or plugged in. I also had all my documents organized beforehand so I wouldn't be scrambling when they finally picked up. The hold music is repetitive but at least you know you're still in the queue. Pro tip: call first thing in the morning (like 7 AM sharp when they open) - I've heard the wait times are shorter then, though I called mid-afternoon and still got through eventually.
I got a 5747C letter about three weeks ago and finally made it through the verification process yesterday. I wanted to share what worked for me since I know how stressful this can be! I tried calling multiple times but kept getting disconnected or couldn't get through at all. Finally decided to schedule an in-person appointment at my local Taxpayer Assistance Center, which was honestly the best decision. The appointment was scheduled for about 10 days out, but the actual process was so much smoother than trying to call. The IRS representative was really professional and walked me through everything step by step. She explained that my letter was triggered because I had claimed the Earned Income Tax Credit for the first time this year after getting a new job. Apparently that's a common trigger for their fraud detection system. I brought my driver's license, Social Security card, current year tax return, last year's return, and all my W-2s. The whole appointment took about 25 minutes, and she was able to verify my identity on the spot. She told me to expect my refund within 6-9 weeks, but honestly just having it resolved felt like a huge weight off my shoulders. If you're struggling with the phone lines, I'd really recommend trying the in-person route if you have a Taxpayer Assistance Center nearby. Much less frustrating than sitting on hold for hours!
This is really helpful advice! I'm dealing with a 5747C letter right now and have been dreading the phone calls after hearing about those crazy wait times. I didn't even realize you could schedule in-person appointments - that sounds so much better than being stuck on hold for hours. How did you go about scheduling the appointment? Is there a specific website or do you have to call a different number? And did they give you a list of what documents to bring, or did you just bring everything you thought might be relevant? I want to make sure I'm fully prepared so I don't have to make a second trip.
I'm dealing with a somewhat similar situation right now! My case involves proving I'm related to my nephew through my half-brother, and it's been such a headache. What really helped me was contacting my state's vital records office to see if they had any pre-adoption documentation or records that might show biological family connections - sometimes these exist separately from the sealed adoption records. Also, don't overlook things like old family photos, Christmas cards, or even social media posts that might help establish the family relationship over time. I know it sounds silly, but I actually included some old family photos with names written on the back as part of my documentation package, along with more formal documents. One thing I learned is that it's really important to be super clear in your cover letter about WHY you're the appropriate person to claim your niece. The IRS wants to see that you're not just related, but that you actually provided the majority of her support and care. Document everything - housing costs, food, medical expenses, school supplies, etc. Good luck with this! The whole process is frustrating but you'll get through it.
This is such great practical advice! I never would have thought about using old family photos or social media posts as supporting evidence. I actually have quite a few family photos from holidays and birthdays that show me with my niece and her mother together over the years. And you're absolutely right about documenting all the support I've provided - I've been keeping receipts for everything but didn't think to organize it all systematically. Thanks for the reminder about being clear in the cover letter about WHY I should be the one claiming her. Sometimes when you're in the middle of dealing with all this bureaucracy, you forget that the human element and clear explanation can be just as important as having the right documents.
I went through almost the exact same situation a couple years ago with my nephew - complicated by adoption records being sealed. What finally worked for me was submitting a comprehensive package that included: 1. DNA test results (I used AncestryDNA and got the official report) 2. Affidavits from three family members who knew about the biological relationships 3. Any old family documents I could find (even things like insurance policies where we were both listed) 4. A detailed timeline showing when my nephew came to live with me and all the support I provided 5. School enrollment forms where I was listed as guardian/family contact The key was overwhelming them with evidence rather than trying to find one perfect document. I also wrote a very detailed cover letter explaining the whole situation chronologically - adoption, family circumstances, why I became the caregiver, etc. It took about 3 months to get approved after I submitted everything, but they did accept it. The DNA test was probably the strongest piece of evidence, but I think having multiple supporting documents made the difference. Also seconding the Taxpayer Advocate Service recommendation - they were much more helpful than regular IRS agents in understanding these non-traditional family situations.
This is exactly the kind of comprehensive approach I needed to hear about! I've been trying to figure out which single document would be "enough" but you're absolutely right that overwhelming them with evidence is the better strategy. I do have access to some old insurance documents where we're both listed, and I never thought those could be useful. The timeline idea is brilliant too - I've been providing support for over a year but never organized it chronologically to show the full picture. Did you have to get the DNA test done between you and your nephew directly, or were you able to use results that showed your relationship to his parent? I'm wondering if testing between me and my biological sister might be easier to coordinate than getting my young niece involved in DNA testing.
Has anyone had the IRS actually correctly process Form 8960 for 2022 yet? I'm still waiting on my refund and have the same issue - filed with investment income tax but my transcript is showing they're not calculating it correctly.
My 2022 return with Form 8960 was finally processed correctly last week after being in review for almost 6 weeks. They initially showed the same error (negative investment income on their end) but eventually fixed it. The refund I received matched what I originally calculated.
I'm dealing with almost the exact same situation! Filed my 2022 return in February with Form 8960, and my transcript is showing the same weird discrepancies - negative investment income on their end while I reported positive amounts, and their system calculating zero NIIT when I clearly owe it. What's frustrating is that I've filed Form 8960 successfully for the past three years without any issues. This definitely seems to be a systematic problem with how the IRS updated their 2022 processing rules. I also have the code 570 on my transcript dated March 15th. Based on what others are saying here, it sounds like we just need to wait for manual review to fix their computer errors. I'm keeping detailed screenshots of everything in case they send the wrong refund amount and try to collect it back later. Has anyone gotten any timeline estimates from IRS representatives about when these Form 8960 reviews might be completed?
I'm in almost the exact same boat! Filed in February with Form 8960 and seeing the same issues on my transcript - their system is showing negative investment income when I clearly reported positive amounts. My code 570 is dated March 20th. From what I've gathered reading through this thread, it sounds like this is a widespread issue with how the IRS updated their 2022 processing for Form 8960. The good news is that several people here have had their returns eventually processed correctly after manual review, though it's taking 4-6 weeks. I called using that Claimyr service someone mentioned above and the IRS agent confirmed they're aware of the Form 8960 processing issues and are working through them chronologically. She said returns flagged in mid-March should be resolved by early April, but couldn't give me a more specific date. Definitely keep taking screenshots of everything! The agent also recommended downloading a complete transcript copy now as documentation in case there are any issues later with incorrect refunds.
Annabel Kimball
One more thing - even if you don't get any form from your employer documenting the gift card, you're still legally required to report it as income. The IRS considers all prizes and awards as taxable income unless they're very specific exceptions (which a workplace raffle isn't).
0 coins
Chris Elmeda
ā¢But how would the IRS even know about a gift card if the employer doesnt report it? Seems like alot of unnecessary work for such a small amount tbh.
0 coins
Amina Bah
ā¢@Chris Elmeda I get why it seems like a lot of work for $300, but it s'really about doing things correctly. The IRS might not catch a small gift card, but if they ever audit you even (for something completely unrelated ,)they could find discrepancies and that creates bigger problems. Plus, if your employer did report it somewhere and you didn t,'that s'a red flag in their matching systems. It s'honestly easier to just report it properly from the start than deal with potential issues later. The actual reporting is pretty simple once you know where it goes!
0 coins
StarSailor}
Hey Micah! I went through something similar last year with a raffle prize at work. The key thing is to check your most recent paystub after you won the gift card - many employers will automatically include the value as taxable income and withhold taxes right away. If you see an extra $300 (or close to it after taxes) on your paystub labeled as "bonus," "other compensation," or something similar, then your employer already handled it and it will show up on your W-2. In that case, you're all set! If it's not on your paystub and you don't receive a 1099-MISC by early February, you'll need to report it as "Other Income" on Schedule 1, Line 8z. Just write something like "workplace raffle prize - $300" next to it. Either way, you'll pay regular income tax on it based on your tax bracket. So if you're in the 22% bracket, you'd owe about $66 in federal taxes on that $300. Good luck with your first solo tax filing!
0 coins