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You're absolutely right to be concerned about this situation. As a resident alien who's been here 8+ years, you should definitely be filing Form 1040 (not dealing with 1042-S forms). The $380 in interest income needs to be reported on your amended return regardless of the amount. Here's what I'd recommend: First, file the 1040X to include the interest income and claim credit for any taxes withheld shown on the 1042-S. Second, definitely get your bank to update their records - ask specifically to fill out Form W-9 to establish your status as a U.S. person for tax purposes. The good news is that if they withheld 30% on that $380 (which is typical for 1042-S), you'll likely get most of that back since your actual tax rate on interest income is probably much lower. It's worth doing the amendment both to stay compliant and potentially get money back. Don't ignore it hoping the IRS won't notice - their automated matching systems will eventually flag the discrepancy, and it's much easier to handle proactively than deal with notices later.
I went through almost exactly the same situation last year! Been on an H-1B for 9 years and filed as a resident alien, then got a surprise 1042-S from my credit union months later. The key thing to understand is that this is purely a bank system error - they haven't updated your tax classification in their records. You're absolutely correct that as a long-term resident alien, you should be getting 1099-INT forms, not 1042-S. You do need to file the 1040X amendment, but here's the silver lining: if they withheld 30% federal tax on that $380 (which would be about $114), you'll probably get most of that back since your actual tax rate on interest income is likely much lower. So the amendment might actually result in a refund. For the bank, don't just tell them you're a "resident alien" - that term confuses tellers. Instead, ask to speak with someone about updating your "FATCA classification" and request to fill out Form W-9. Tell them you need to be classified as a "U.S. person for tax purposes." Bring your passport with current visa stamp as documentation. I had to visit two different branches before finding someone who knew what I was talking about, but once I used those specific terms, they fixed it immediately. Haven't had the problem since!
This is incredibly helpful! I'm in year 7 on an H-1B and just got my first 1042-S from a new bank I opened an account with last year. I was panicking thinking I had somehow messed up my resident alien status filing. The terminology you mentioned is exactly what I needed - I tried explaining to my bank that I'm a "resident for tax purposes" and they kept asking if I had a green card. When I said no, they seemed to think I needed the 1042-S treatment. I'll definitely ask specifically about "FATCA classification" and the W-9 form when I go in next week. Quick question - did you have to pay any penalties when you filed your 1040X, or was it treated as just a regular amendment since it was the bank's error in classification?
Has anyone considered just asking the seller for a receipt after the fact? I did this when I bought some shelving for my shop. Just messaged the guy, explained I needed it for taxes, and he wrote one up and texted me a photo of it. Worth a try if you still have their contact info.
Great advice from everyone here! I just wanted to add that bank records can be really helpful for supporting your documentation. If you paid with cash, check if you have an ATM withdrawal record from around that date for the same amount. Even credit card or debit card transactions for similar amounts can help establish a pattern of business purchases. Also, don't forget that Facebook Marketplace sometimes keeps a record of your conversations with sellers. Screenshot those messages if they mention the items or price - it's contemporaneous evidence that supports your self-created receipt. The IRS appreciates when taxpayers make good faith efforts to document legitimate business expenses, even when formal receipts aren't available. One more tip: if you're planning to make more private purchases for your business, consider carrying a simple receipt book or using a phone app to create receipts on the spot. Makes everything so much cleaner for tax time!
I went through this same situation about 6 weeks ago and can share my timeline. My return was accepted February 15th, and I received the 5071C identity verification letter on March 8th - so about 3 weeks total. However, I noticed something important: the letter was dated February 28th, which means it took an additional 8 days just for postal delivery. So the IRS actually sent it within their 10-day window, but USPS added significant delay. For your mortgage refinancing timeline, I'd suggest getting a letter from your lender stating you're waiting on IRS verification - most understand this delay and can work with you. Also, once you do get the letter, you can verify online instantly at idverify.irs.gov rather than mailing it back, which saves another 2-3 weeks of processing time.
This is incredibly helpful, thank you! I had no idea that USPS delivery could add another week+ to the timeline. That's a really good point about getting documentation from my lender about the IRS verification delay. I'm going to call them tomorrow to see if they can provide a letter or some kind of conditional approval while I wait. The online verification option at idverify.irs.gov is also news to me - I assumed I'd have to mail everything back. That alone could save me weeks! Did you have any issues with the online verification process, or was it pretty straightforward once you had the letter?
I'm currently going through this exact same process and the waiting is driving me crazy! My return was accepted on February 28th and I still haven't received my verification letter. Based on what everyone is sharing here, it sounds like I'm right in that 3-4 week window where it could arrive any day now. The mortgage refinancing pressure is real - I'm in the same boat and my rate lock expires in 3 weeks. One thing I discovered that might help is checking your IRS account transcript online every few days. Sometimes you can see transaction codes that indicate when the letter was actually mailed, even before it arrives. I've been obsessively checking mine and saw a new code appear last week that I'm hoping means the letter is finally on its way. Has anyone else found the online transcripts helpful for tracking verification letter status?
One thing to consider is how your kids' tax benefits would change. If you get married, both of you would claim the kids on a joint return. If you stay unmarried, only one person can claim each child for things like Child Tax Credit and Earned Income Credit.
This is so important! The Child Tax Credit is worth up to $2,000 per child for 2023. Depending on your income level, you might get the full amount either way, but the income phaseout thresholds are different for MFJ vs HOH. With $96k income, you should still qualify for the full amount either way.
Based on your situation, getting married before December 31st would likely save you money on taxes. With your boyfriend earning $96k as the sole income and you staying home with the kids, you'd probably benefit from the married filing jointly status. The key factors working in your favor: the MFJ standard deduction ($27,700) is significantly higher than what he currently gets as Head of Household ($20,800), plus you'd potentially move into lower tax brackets with the combined filing. The new house purchase adds another layer of potential savings through mortgage interest deductions. However, I'd strongly recommend running the actual numbers before making such an important decision. You could use a tax calculator to compare Head of Household vs Married Filing Jointly scenarios, or better yet, try to get official guidance. Don't let the wedding timing be driven solely by taxes though - there are many other financial and legal implications to consider with marriage! The December 31st timing does work tax-wise since the IRS considers your marital status as of the last day of the year for the entire tax year.
Ashley Adams
Called them yesterday and got hung up on twice. Their customer service is straight garbage
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Alexis Robinson
ā¢pro tip: call right when they open at 8:30am. way better chance of getting through
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Nia Jackson
I'm in the same boat! Filed mine in late January and still nothing. The "Where's My Refund" tool just keeps saying "processing" with no timeline. Really frustrating especially when you're counting on that money. At least now I know it's not just me dealing with these crazy delays.
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Harper Thompson
ā¢same here! filed jan 28th and getting super anxious about it. good to know its not just us but still sucks we're all waiting this long š
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