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Don't overthink this. I've done Form 4852 twice for jobs that never sent W-2s. Just be reasonable with your estimates. The IRS mainly wants to see that you're reporting the income, not hiding it. For Fed withholding, I'd take what shows on bank deposits, add about 22% for taxes and withholdings to get gross, then figure about 12-15% of gross for fed withholding unless you're high income.
This is not great advice. Tax withholding varies WILDLY depending on how you filled out your W-4, your filing status, and income level. What if the person had extra withholding or was claiming exempt? Using random percentages could get them in trouble.
I went through this exact same situation two years ago! Here are a few additional tips that helped me: 1. Request a wage and income transcript directly from the IRS online at irs.gov. If your employer filed your W-2 electronically, it might show up there even if you never received the physical copy. This gives you the exact numbers instead of having to estimate. 2. Check your state's unemployment insurance website - sometimes they have wage records that can help you verify your quarterly earnings from that employer. 3. If you have any old email confirmations about direct deposits or pay notifications, those can help support your calculations. 4. Don't forget that if you had health insurance deductions, 401k contributions, or other pre-tax deductions, those need to be factored in when working backwards from your net pay to gross pay. The most important thing is to document everything you tried to do to get the actual W-2. Keep records of your attempts to contact the employer, any responses you got, and how you calculated your estimates. The IRS is generally understanding about these situations as long as you can show you made good faith efforts to get the correct information. Good luck with getting this sorted out!
In my experience as a homeowner in California, keep in mind that property tax in CA is typically much lower than other states due to Prop 13, but state income tax is higher. With your numbers, itemizing is clearly better ($37,500 mortgage interest alone is way over the standard deduction). For future tax planning, remember that mortgage interest is usually highest in the first few years of your loan and decreases over time. So while itemizing may be clearly beneficial now, in 10-15 years as your interest payments decrease, you may need to reevaluate. Also, don't forget about PMI if you're paying it - that's deductible too in most cases when you itemize!
Is PMI still deductible in 2025? I thought that deduction expired and Congress keeps extending it year by year. Also, does anyone know if California state tax return automatically itemizes if you itemize on federal, or can you choose standard deduction for state even if you itemize federally?
Good question about PMI - you're right that it's one of those tax provisions that keeps expiring and getting extended. For 2025, it's currently deductible but always check the latest IRS guidance as things change. For California state taxes, you can actually choose differently than your federal return. California has its own standard deduction amount, and you can itemize on your federal return while taking the standard deduction on your California return, or vice versa. Calculate it both ways to see which gives you the better outcome on your state return.
Based on your numbers, itemizing is definitely the right choice for you! Your mortgage interest alone ($37,500) exceeds the standard deduction of $29,200. When you add in your charitable contributions ($1,850) and the capped SALT deduction of $10,000 (your $6,500 state income tax + $1,900 property tax), you're looking at total itemized deductions of around $49,350 - that's over $20,000 more than the standard deduction! One thing to double-check: make sure that $37,500 figure on your 1098 is actually deductible mortgage interest and not including any principal payments or other fees. Sometimes lenders include things like property tax payments made from escrow, which you'd count separately. Also, since you mentioned this is your first year as homeowners, don't forget to look into any first-time homebuyer credits you might be eligible for in California. Some local municipalities offer additional tax benefits that could further reduce your tax liability. The transition from standard deduction to itemizing can feel overwhelming at first, but with mortgage interest that high, you're clearly in itemizing territory for the foreseeable future. Just make sure to keep good records of all your deductible expenses throughout the year!
Just a word of caution - if your wife is on F1 and working on campus, her employer might incorrectly continue to treat her as FICA-exempt even after she becomes a resident for tax purposes. Many university payroll systems automatically exempt all F1 students from FICA without checking their 5-year exemption status. If this happens and you know she should be paying FICA (either due to the MFJ election or because she's passed the 5-year substantial presence exemption), you might need to file Form 843 to pay those taxes separately. Otherwise, you could face penalties later if the IRS catches this discrepancy during an audit.
That's a very helpful warning - I hadn't thought about that potential issue. If her employer incorrectly continues the FICA exemption, would we calculate the amount owed and include it with our tax return? Or is there a separate process for paying FICA taxes that weren't withheld?
You'd need to calculate the employee portion of FICA taxes (7.65% of her wages) and pay them separately using Form 843. You can't include them with your regular tax return. I recommend talking to her university's payroll department directly to alert them about her change in FICA status. Many universities have procedures for handling this transition, and it's much easier if they correct the withholding going forward rather than you having to settle up at tax time.
This is a great discussion with lots of helpful insights! I wanted to add one more consideration that hasn't been mentioned yet. If your wife does end up being considered a resident alien (either through the substantial presence test as Javier mentioned, or through the MFJ election), make sure to also consider the impact on any tax treaty benefits she might currently be claiming. Many tax treaties have provisions that exempt students from US tax on certain types of income (like fellowship or scholarship income), but these benefits are typically only available to nonresident aliens. Once she becomes a resident for tax purposes, she may lose access to these treaty benefits. This could be particularly important if she receives any scholarship money beyond tuition and required fees, as that income might become taxable when she transitions to resident status. You'll want to factor this into your overall calculation of whether MFJ makes financial sense. Also, don't forget that if you do make the MFJ election, you'll need to continue making it every year until you formally revoke it or her status changes naturally. It's not a year-by-year choice once you start.
This is such an important point about treaty benefits that often gets overlooked! I'm actually dealing with this exact situation right now. My spouse is from India and has been claiming treaty benefits under Article 21 of the US-India tax treaty for her research assistantship income. We were leaning toward making the MFJ election, but now I'm wondering if losing those treaty benefits might offset the tax savings we'd get from filing jointly. Her research assistantship pays about $18,000 annually, and currently that's completely tax-free under the treaty. Do you know if there's a way to calculate exactly how much additional tax we'd owe on that research income if she becomes a resident? And is the treaty benefit loss immediate, or does it phase out over time?
Side note: Even if your CPA won't budge, YOU are the one signing your tax return, not them. The signature line says "Under penalties of perjury, I declare..." so ultimately it's your responsibility. If you have reasonable basis for your position (which it sounds like you do), you can override your CPA. They work for you, not the other way around. Either they file it the way you want with proper support, or you find someone who will. Just document your reasoning and keep support for your position in case of audit. Tax positions don't have to be 100% certain to be valid - they just need substantial authority.
Miguel, I completely understand your frustration! I went through something very similar last year with my beach condo rental. My CPA was also insisting on Schedule C treatment, but after doing my own research and getting a second opinion, I was able to demonstrate that Schedule E was the correct classification for my situation. The "substantial services" test is really the key here. From what you've described - providing furniture, parking, and basic essentials - that sounds more like typical rental property amenities rather than hotel-like services that would trigger Schedule C treatment. I'd strongly recommend getting that second opinion from a CPA who specializes in rental properties. Bring documentation of exactly what services you provide versus what you don't (no daily cleaning, no meals, no concierge services, etc.). The difference between paying SE tax and not paying it is significant enough to justify the cost of a consultation. Also keep in mind that if you do end up needing to switch CPAs over this issue, it's not necessarily a reflection on their overall competence - some practitioners are just more conservative or less familiar with the nuances of short-term rental taxation. The important thing is getting the classification right based on the actual facts of your situation.
Cameron Black
Has anyone here dealt with platforms that require your SSN even if you have an EIN? I'm dealing with one right now that claims they need both and it's making me really uncomfortable.
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Jessica Nguyen
ā¢They shouldn't need both - that's unusual. Most platforms just need your W-9 with either your SSN or EIN (not both). Maybe call their support team to clarify? Some customer service reps don't understand the tax requirements properly.
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Kiara Fisherman
You're absolutely right to be concerned about that platform requirement! I had a similar issue with a platform that claimed they needed both my SSN and EIN. After some back and forth with their support team, it turned out their system was just poorly designed and they only actually needed the EIN for tax reporting purposes. Here's what I'd suggest: First, double-check their actual tax documentation requirements - sometimes the onboarding flow asks for more info than they legally need for 1099 reporting. Second, if they truly require both, that's a red flag and you might want to consider if that platform is worth the privacy risk. Most legitimate platforms should accept just your EIN on a properly filled W-9 form. The whole point of getting an EIN is to avoid using your SSN for business purposes. If they're insisting on both, I'd escalate to a supervisor or compliance team member who actually understands tax requirements.
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Jamal Brown
ā¢This is really helpful advice! I'm dealing with a similar situation where a platform is asking for way more personal info than seems necessary. Did you have to provide any documentation when you escalated to their compliance team, or did they just fix it once you explained the tax requirements? I'm worried about pushing back too hard and having them close my account, but I also don't want to compromise my privacy unnecessarily.
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