has anyone actually had an audit after filing as a resident alien with treaty benefits? im nervous about claiming the treaty exemption and then getting flagged for an audit. is there anything specific i should document just in case?

I went through this exact same situation two years ago and it was incredibly stressful! One thing that really helped me was keeping detailed records of everything - not just for potential audits, but to make sure I was filing correctly. Since you mentioned you're in your 6th year on F-1, you're definitely correct about being a resident alien. Just make sure you have documentation showing your entry dates and status changes. I kept copies of all my I-94 records, passport stamps, and previous tax returns. For the 1042-S treaty benefits, the key is making sure you report the income AND claim the exemption properly. Don't try to hide the income - that's what gets people in trouble. Report it all transparently and let the treaty exemption do its job. One last tip: if you're still nervous about getting it right, consider having a tax professional review your return before filing, especially for your first year as a resident alien. It's a small cost for big peace of mind!

There's one thing nobody's mentioned yet that could be significant. If you DO amend as married filing jointly, be aware that both partners become jointly liable for the entire tax amount. This means if there are any issues with either person's reporting, both could be on the hook. Given the income disparity ($25-40k vs $470-950k), you might want to consider whether married filing separately might actually be better in some years than joint filing. Sometimes with very disparate incomes, the tax savings of joint filing aren't as large as you might expect. Also, think about whether you're planning to get formally married in the future. If you establish common law marriage for tax purposes now, you'd technically need a formal divorce if you ever split up, even without having had a wedding ceremony.

This is a fascinating case study in tax strategy! As someone who's dealt with complex filing situations, I'd strongly recommend getting professional help before proceeding, but your logic seems sound. One thing to consider: with your income levels, you'll want to run the numbers carefully for each year. Sometimes when one spouse has very high income and the other has low income, married filing jointly provides substantial savings due to income averaging effects, but other years it might not be as beneficial as expected due to phase-outs of deductions and credits. Also, keep in mind that amending returns of this magnitude will likely trigger enhanced scrutiny from the IRS. They'll want bulletproof documentation not just of your common law marriage status, but also of when exactly you became common law married. The July 2018 date when you moved to SC and merged finances will be critical - you'll need to show clear evidence that your relationship status changed at that specific time. Document everything: bank account opening dates, when you were added to health insurance, property records, any legal documents from that timeframe. The IRS will be looking for consistency in your story and timeline. Given the potential six-figure recovery, investing in quality legal and tax professional advice upfront could save you significant headaches later. Good luck!

As someone who's done several 1031 exchanges over the years, I can confirm that paying off your mortgage before the exchange is absolutely fine and actually quite common. You're right to verify this - the rules can be confusing! The main thing to understand is that mortgage relief (when debt transfers to the buyer) is considered "boot" in a 1031 exchange, which can trigger taxable income. By paying off the mortgage with your inheritance money before closing, you eliminate this issue completely. A few practical tips from my experience: - Get your payoff quote early and make sure it's good through your closing date - Wire the payoff funds rather than using a check to ensure faster processing - Notify your title company and qualified intermediary about the payoff so they can prepare clean closing documents - Keep detailed records showing the mortgage payoff came from separate funds (your inheritance) and not from exchange proceeds With a $425k property and $112k mortgage, you'll have substantial proceeds to reinvest. Just remember you'll need to purchase replacement property worth at least your net proceeds (after selling costs) to fully defer capital gains. Your real estate agent is correct - this is a perfectly legitimate strategy that many investors use to simplify their exchanges. The inheritance timing couldn't be better for this situation!

This is exactly the kind of situation where having the inheritance money works in your favor! I just completed a similar exchange last month where I paid off my mortgage about 3 weeks before closing. One thing I learned that might help you - when you call for your payoff quote, ask specifically about any "per diem" interest that might accrue between payment and your closing date. Some servicers will add daily interest even after you've paid off the principal balance, and you want to make sure this is handled cleanly. Also, since you're doing this with inheritance funds, make sure you have a clear paper trail showing those funds were never commingled with any exchange proceeds. I kept my inheritance in a completely separate account and used that account exclusively for the mortgage payoff. This makes the documentation super clean if the IRS ever has questions. The $112K debt elimination actually gives you more flexibility in choosing your replacement property since you won't need to worry about matching mortgage amounts. Just remember that to fully defer capital gains, you'll need to reinvest all your net proceeds (probably around $400K after selling costs) into the replacement property. Good luck!

Have you checked your tax transcript from the IRS website? That will show exactly what was filed and processed. It's possible what they sent you isn't even what they submitted to the IRS. Go to irs.gov and request your tax record/transcript. It's free and only takes a few minutes if you can verify your identity online.

This is a frustrating situation and unfortunately more common than it should be. The combination of poor communication and a significant fee for what appears to be a straightforward return is concerning. A few thoughts based on your description: 1. **The estimate vs. actual difference**: Initial estimates during consultations are often rough calculations, but a $900+ difference is substantial. They should have contacted you before finalizing if they discovered the estimate was significantly off. 2. **That $650 fee is excessive**: For a W2 + investment documents with standard deduction, most reputable preparers would charge $150-300 max. The high fee combined with poor communication suggests they may be targeting inexperienced filers. 3. **Next steps**: Since they've already filed, I'd recommend: - Send one final email stating you need a detailed explanation of the refund calculation within 48 hours or you'll file complaints with relevant authorities - Request your IRS transcript online (free at irs.gov) to verify what was actually submitted matches what they showed you - Document everything for potential complaints to your state's tax preparer licensing board The fact that DIY software showed $800 and they got you $1865 suggests they did find legitimate deductions, but you deserved transparency about what changed from the estimate. Don't let them continue ignoring you - you paid for professional service and communication.

Heads up - I missed filing 1065 forms for two years for my "zero activity" LLC with my sister, and the IRS hit us with penalties of over $2,500! Definitely file even if you did nothing. The penalties are per partner, per month.

I went through this exact situation two years ago with my consulting LLC partnership! Even though we had zero revenue, we still had to file Form 1065. What helped me was breaking it down into steps: 1. First, gather all your documentation - LLC formation docs, EIN confirmation, and receipts for those startup expenses 2. The $475 in expenses you mentioned (filing fees + domain/hosting) are legitimate business deductions that will create a small loss to pass through to both partners 3. Each partner reports their 50% share ($237.50 loss) on Schedule E of their personal returns One thing that caught me off guard was the filing deadline - partnerships have to file by March 15th (vs April 15th for individuals), but you can request an automatic 6-month extension if needed. Since you mentioned being a tax newbie, I'd also recommend keeping detailed records of any future business expenses, even if the business stays inactive. Having everything organized from the start makes subsequent years much easier if you do get the business going again when circumstances improve with your brother's health. The good news is once you get through the first filing, you'll understand the process much better for future years!