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Ask the community...

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Dananyl Lear

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Don't forget that your plan administrator will automatically withhold 20% for federal taxes on early withdrawals (unless it's for a specific exception like a hardship). This is mandatory. This might not be enough if you're in a higher bracket + the 10% penalty. You might want to elect additional withholding if possible, or make estimated tax payments to avoid underpayment penalties next April.

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Is that 20% withholding in addition to the 10% penalty, or does it include it? Like if I'm taking out $40k, will they withhold $8k (20%) or $12k (20%+10%)?

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Natalia Stone

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The 20% withholding is separate from the 10% penalty. So if you withdraw $40k, they'll withhold $8k (20% of $40k) for taxes, but you'll still owe the 10% penalty ($4k) when you file your return - unless the withholding covers it. The 20% is meant to cover your income tax liability on the withdrawal, but since you're also subject to the 10% penalty, you might end up owing more when you file. In your case at the 32% bracket plus 10% penalty, you'd actually owe about 42% total, so the 20% withholding would leave you short by around $8,800 on a $40k withdrawal. That's why it's smart to either request additional withholding from your plan or make estimated tax payments to avoid a big surprise bill.

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Madison Tipne

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This is exactly the kind of confusion that leads people to make expensive mistakes with early withdrawals. The key thing to remember is that 401k withdrawals are treated as ordinary income that gets stacked on top of your existing income. At your income level of $310k, you're already near the top of the 32% bracket (which goes up to $364,200 for married filing jointly). When you add the $55k withdrawal, most of it will indeed be taxed at 32%, but the portion that pushes you over $364,200 will be taxed at 35%. So you're looking at roughly: - $54k+ taxed at 32% = ~$17,280 - Small portion taxed at 35% = a few hundred more - 10% penalty on the full $55k = $5,500 - Total tax hit: approximately $23,000+ That's over 40% of your withdrawal going to taxes and penalties. Have you considered alternatives like a 401k loan if your plan allows it? The interest you pay goes back into your own account, and there are no tax consequences as long as you repay it according to the loan terms.

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This breakdown is really helpful! I hadn't even considered that part of my withdrawal would push into the 35% bracket. That $23,000+ tax hit is absolutely brutal - almost half of what I'm trying to access. You mentioned 401k loans as an alternative. My plan does offer loans, but I've heard mixed things about them. What happens if I can't pay it back on schedule? And don't you have to pay it back immediately if you leave your job? I'm worried about creating an even bigger problem down the road. Are there any other alternatives I should be considering before pulling the trigger on an early withdrawal?

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Ryan Vasquez

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Just a heads up for anyone considering the dual-status election - if you switched from nonresident to resident alien mid-year like the OP, you might want to look into making the first-year choice election. This allows you to be treated as a resident for the entire tax year instead of having a dual-status year, which can simplify your filing significantly. You'd file Form 1040 with a statement attached explaining your election. The catch is you have to meet certain requirements (like being married to a US citizen or resident) and you'll be taxed on worldwide income for the full year. But it can eliminate the complexity of dealing with the 1042-S in the context of a dual-status return. Not everyone qualifies, but it's worth checking Publication 519 to see if this election makes sense for your situation. Sometimes the simplified filing process is worth potentially paying a bit more in taxes.

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Vera Visnjic

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One thing I'd add that might help with the TurboTax confusion - when you get to the section about entering your 1042-S, don't panic if the software seems to categorize it strangely at first. The important thing is that you correctly identify yourself as a resident alien at the beginning of the interview process. Also, double-check that you're using the right version of TurboTax. The basic version often doesn't handle international tax situations well. You'll likely need TurboTax Deluxe or Premier to properly handle the 1042-S reporting and any foreign income you might have. If you're still having trouble, consider reaching out to your university's international student services office. Many schools have staff who are familiar with these exact tax situations and can point you toward resources or even provide workshops specifically for students dealing with residency status changes.

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Malik Davis

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This is so frustrating!!! I've been seeing this 810 code everywhere in tax groups lately. Seems like the IRS is flagging way more returns this year than normal. Last year my friend got this and it took 8 weeks to resolve. I'm in the same boat and just trying to be patient but it's HARD when you're counting on that money! 😭

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Paolo Ricci

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I'm going through the exact same thing! Filed 2/8, accepted same day, and then boom - 810 code appeared on my transcript last week. This is also my first time filing jointly (got married last year) and we claimed EITC and CTC for our two kids. What's really getting to me is how many people seem to be hit with this at once. Makes me wonder if there's some kind of systematic review happening or if they changed their screening criteria this year. I've been checking my transcript obsessively but no movement yet. Has anyone who got the 810 code recently actually received a letter yet? I'm trying to figure out if I should just wait it out or if I need to be more proactive about calling them.

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Oscar O'Neil

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Quick question - has anyone here successfully claimed both the Lifetime Learning Credit AND used employer tuition reimbursement in the same year? My situation seems similar to the original poster.

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Yes, but you can't "double dip" on the same expenses. Here's how it works: If your total qualified education expenses were $15k, and you received $5,250 tax-free from your employer, you can only use the remaining $9,750 for calculating your Lifetime Learning Credit. You need to subtract the tax-free education assistance from your total qualified expenses before calculating the education credit.

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Lara Woods

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Laura, I went through almost the exact same situation with my MBA program last year! The timing confusion is totally normal - don't worry about the "mess" because this is actually pretty straightforward once you understand the key principles. Here's what I learned: You're absolutely right that you can maximize the $5,250 exclusion across multiple years. Since your reimbursements will span 2025-2026 (and potentially into 2027 if any payments are delayed), you can indeed take advantage of the annual exclusion in each year you receive payments. For your 2024 taxes, you'll report the 1099-T but won't report any reimbursement income since you didn't receive any in 2024. The January 2025 reimbursement will count toward your 2025 tax year, and so on. One thing to watch out for that saved me money: make sure your employer properly codes the reimbursements on your W-2. The first $5,250 each year should be excluded from your taxable wages, not just have taxes calculated differently. If they're including the full amount as taxable income, you'll need to work with HR to get that corrected. Also consider whether you want to claim education credits (like Lifetime Learning Credit) on the expenses that aren't covered by the tax-free reimbursement - just remember you can't use the same expenses for both benefits.

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Sadie Benitez

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This is exactly the kind of detailed breakdown I was hoping for! Thank you so much, Lara. It's reassuring to hear from someone who's actually been through this process successfully. One follow-up question: when you mention making sure the employer properly codes the reimbursements on the W-2, how quickly did you catch that issue? I'm wondering if I should proactively reach out to HR now to make sure they understand the tax treatment, or if it's better to wait and see how it appears on my 2025 W-2 first. Also, did you find that the education credits were worth pursuing for the non-reimbursed portion, or were the income limits too restrictive for someone in an Executive MBA program? I'm trying to figure out if it's worth the extra complexity.

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NebulaNomad

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Just wanted to add that if you're using tax software like TurboTax or H&R Block, they have specific sections for rental properties where you can enter these different scenarios. I had a similar situation (rented out my basement for part of the year, then the whole house), and the software walked me through allocating expenses properly. The key is to create TWO separate rental property entries in the software - one for the partial rental (1 bedroom of 3) and another for the whole house rental. That way you can enter the correct percentage allocation for each period. Just make sure the addresses show it's the same physical property (you might need to add "Room 1" or something to distinguish them).

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Luca Ferrari

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Does this actually work? I tried doing two separate entries in TaxAct last year and my return got rejected because it looked like I had two different rental properties with the same address. Maybe I did something wrong? It would be great if this works because my situation is even more complicated - I rented 2 rooms for 3 months, then 1 room for 2 months, then the whole house.

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NebulaNomad

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You're right that it can sometimes cause issues if not done correctly. The trick I found was to clearly distinguish the entries. In TurboTax, I entered the first one as "123 Main St - Partial Rental" and the second as "123 Main St - Full Rental" in the property description fields. I also made sure to include a note in the miscellaneous section explaining the situation. For your more complicated situation, you might need to create three separate entries with very clear date ranges and descriptions. The other approach is to calculate a weighted average for the year - like if you rented 2/4 of the house for 3/12 of the year, then 1/4 for 2/12, then 4/4 for 7/12 of the year. That gives you an overall percentage to apply to annual expenses. But for one-time expenses during specific periods, use the allocation that applied during that time.

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Nia Wilson

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Don't forget about depreciation! This gets super complicated when you switch from partial to full rental. The way I understand it: 1) For the period when you rented just one bedroom, you start depreciation on just that portion (1/3) of the house 2) When you convert to full rental, you start depreciation on the remaining portion (2/3) using the fair market value at the time of conversion You'll end up with two different depreciation schedules for the same property. Also, don't forget to exclude the value of the land from your depreciation calculations.

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This is so confusing. So are you saying we need to get an appraisal at the time we convert from partial to full rental? And what about when we convert back to personal use later? I'm trying to do all this myself without paying an accountant and I'm regretting it now lol.

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You don't necessarily need a formal appraisal, but you do need to establish the fair market value when you convert the remaining portion to rental use. You can use comparable sales, online valuation tools, or a real estate agent's opinion. The IRS just wants a reasonable basis for the value. For the depreciation, yes it gets complex - you'll have two different basis amounts and start dates. I'd strongly recommend at least a consultation with a tax professional for this part, even if you do the rest yourself. The depreciation rules are tricky and mistakes here can be costly down the road when you sell the property. And yes, when you convert back to personal use, you stop depreciating that portion. Keep detailed records of all the conversion dates and values!

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