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Don't forget about state taxes too! Depending on which state your property is located in, you might need to file a non-resident state tax return as well. I own property in California but live in Japan, and I have to file both federal (1040+Schedule E) and California non-resident returns each year.
How complicated is the state filing process for non-residents? I have a rental in Florida but live in Canada now. Also, do you have to pay state tax on the rental income or just report it?
The complexity varies significantly by state. Florida actually has no state income tax, so you're fortunate there - you won't need to file a Florida state return at all for your rental income. For states that do have income tax, you generally must pay state tax on income sourced from that state, which includes rental income. The rates and rules vary widely - California is particularly aggressive about collecting from non-residents, while other states may have simpler processes. Each state has its own non-resident tax return form, usually very similar to their regular state tax return but with special calculations for non-residents.
I'm surprised nobody has mentioned depreciation yet. As a first-time landlord, you absolutely need to understand how depreciation works for rental properties. You'll need to depreciate the value of the building (not the land) over 27.5 years, which creates a significant tax deduction. This gets reported on Form 4562 and flows to your Schedule E.
Be careful with depreciation though - you'll face depreciation recapture taxes when you eventually sell the property. I got hit with a huge tax bill because I didn't understand this when I sold my rental.
You can usually find the land vs building breakdown on your property tax assessment - most county assessor websites will show this split. If that's not available, a common method is to look at the county's assessed values or use the percentage allocation from your property tax bill. For example, if your tax bill shows land assessed at 20% and improvements at 80%, you'd apply those percentages to your $375k purchase price. So roughly $75k for land (not depreciable) and $300k for the building (depreciable over 27.5 years). You might also check with a local real estate agent or appraiser for typical land-to-building ratios in your area. And yes, @Yuki Ito is absolutely right about depreciation recapture - you ll'pay taxes on the depreciation you claimed when you sell, so keep good records!
DO NOT IGNORE THIS! Document everything NOW. My ex did this to me and because I didn't respond quickly enough with the right documentation, it created a 2-year nightmare with the IRS. Print out all text messages where you told him not to claim them. Make copies of your court order. Get documentation from the school showing your address as their residence. The most important thing is filing Form 8332 showing you DID NOT release your claim to the children. Even though your return was accepted, his paper-filed return could still cause problems.
I went through this exact scenario two years ago. Your court order is your strongest protection here - the IRS follows legal custody arrangements, not just who pays support. Since you filed first and were accepted, you're in good position. A few practical tips from my experience: - Keep screenshots of those text messages where you explicitly told him not to claim them - If he does try to file, his e-file will likely be rejected immediately due to duplicate SSNs - If he paper files to try to bypass the system, it'll get caught during processing but may take longer to resolve The "tax preparers" he consulted either don't understand custody law or he's misrepresenting what they told him. Paying child support doesn't override a court order that specifically grants you the right to claim the children. Stay calm and document everything, but don't let him pressure you into "releasing" your claim. You have every legal right to claim your kids based on both custody time (more than half the year) and your court order.
Slight correction to what some people are saying - while Traditional and Rollover IRAs are treated the same by the IRS, there is one practical difference. Some Rollover IRAs may have better creditor protection in certain states than Traditional IRAs. It varies by state law, but worth checking in your specific location.
Is this really true? Do you have any source for this? I've never heard about different bankruptcy protections based on IRA type.
Thanks everyone for the detailed explanations! This has been super helpful. Just to summarize what I'm understanding: 1. Traditional IRA and Rollover IRA are identical for tax purposes - same contribution limits, same tax treatment, same RMD rules 2. The "Rollover" designation is mainly for bookkeeping to track where funds came from 3. Keeping them separate might be useful if I plan to roll funds into a future employer's 401k plan 4. There could be considerations for backdoor Roth conversions down the line I think I'm leaning toward opening a Rollover IRA since I do have an old 401k I want to move over, and it sounds like keeping that separate from regular contributions might give me more flexibility later. One follow-up question - if I open a Rollover IRA now for my old 401k, can I still open a separate Traditional IRA later for regular annual contributions? Or do I need to pick one account type and stick with it?
One thing nobody's mentioned yet - Form 3921 reporting gets more complicated if your company goes public after you exercise options. I had this happen and suddenly had to deal with calculating AMT adjustments for shares I exercised years ago!
For anyone dealing with ISOs and Form 3921, here's a simple way to think about it: the form is just documentation, not something you actively report on your current return if you didn't hit AMT. However, I'd strongly recommend setting up a simple tracking system now. Create a folder (physical or digital) specifically for stock option documents and include: - Your original option grant agreements - Form 3921 for each exercise - Any company valuation documents from around exercise dates - Records of any AMT calculations you did This becomes crucial later when you sell. The IRS will want to see that you properly calculated your basis, and having everything organized makes that process much smoother. I learned this the hard way when I sold shares three years after exercising and had to hunt down old paperwork! Also worth noting - if your company ever gets acquired or goes public, the tax implications can change retroactively for shares you've already exercised, so keeping detailed records protects you in those scenarios too.
Madeline Blaze
Does anyone know if you need to file for a FICA refund if you're filing your annual tax return anyway? Couldn't you just claim these excess deductions on your 1040NR?
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Max Knight
โขNo, that's not how it works. FICA taxes (Social Security and Medicare) are completely separate from income tax. You cannot claim wrongfully withheld FICA taxes on your 1040NR - you must use Form 843 specifically for this purpose. I made this mistake my first year, thinking it would all get sorted out in my annual return. Ended up having to file the Form 843 separately anyway and delayed my refund by months.
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Keisha Jackson
I just went through this exact same situation as an F1 STEM OPT student! One thing I'd add to the great advice already given is to make sure you keep detailed records of everything. I created a spreadsheet tracking each pay period where FICA was incorrectly withheld, along with the specific amounts for Social Security and Medicare taxes. Also, don't let your employer off the hook completely. Even though they're being uncooperative about providing documentation, they are still required by law to correct their records and stop future withholding. You might want to escalate within HR or contact their payroll department directly - sometimes different departments are more helpful. One more tip: when you file Form 843, include a cover letter clearly explaining your situation. I wrote a simple one-page letter stating I was an F1 student on STEM OPT, exempt from FICA taxes, and that my employer had incorrectly withheld these taxes. I attached copies of my I-20, EAD card, and pay stubs showing the withholding. This seemed to help the IRS process my claim more efficiently. Good luck with your refund - $4,200 is definitely worth fighting for!
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