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Double check that the TIN (taxpayer identification number) on your 1042-S matches exactly what's on your 1040NR. I had a case where my university had an old ITIN for me on the 1042-S but I had since gotten an SSN and used that on my tax return. The IRS couldn't match them up even though all the dollar amounts were correct.
This is super important advice! The same thing happened to me with my 1042-S. The amounts matched perfectly but my name format was different (I used my middle initial on one form but not the other). The IRS systems are extremely literal with matching - even spacing between names or hyphens can cause mismatches.
I've been through this exact situation and it's absolutely maddening! The good news is that these 1042-S matching issues are usually resolvable, but they do require some patience. A few things to check immediately: 1) Make sure your SSN/ITIN on the 1042-S matches exactly what you used on your 1040NR. Even if you recently switched from ITIN to SSN, if your withholding agent still has your old number on file, that could be the culprit. 2) Since you mentioned getting a reissued 1042-S, there's a real possibility that your withholding agent accidentally submitted BOTH versions to the IRS - the original and the corrected one. This would show up as duplicate reporting and could trigger the discrepancy notice. 3) When you contact your withholding agent, ask them specifically to verify: a) What version they submitted to the IRS, b) The exact dollar amount in box 7, c) Your name spelling and TIN as it appears on their submission. The IRS notice should include a phone number for questions about the discrepancy. While their phone lines are notoriously difficult to reach, if you can get through, they can tell you exactly what 1042-S information they have on file for you. This eliminates the guesswork about what went wrong. Don't panic - I've seen these resolved in the taxpayer's favor more often than not, especially when the amounts actually do match correctly like in your case.
Let me take a wild guess... student loans? That's what happened to me too. If it's federal student loans, look into getting on an income-driven repayment plan. That might be better than just paying the offset amount, especially if you qualify for the new SAVE plan. Most people don't realize you have options beyond just paying what they demand.
This exact thing happened to my brother-in-law last year! The timing issue between IRS refund processing and the Treasury Offset Program is surprisingly common. What basically happened is your refund got processed and sent out before the offset could be applied - it's like two different computer systems that don't talk to each other very well. You're absolutely doing the right thing by being proactive and calling TOP to set up a payment plan. From what I've seen, they'll usually send you a formal notice within 30-60 days demanding payment for the amount that should have been offset. The key is to not ignore it when it comes. One thing to keep in mind - if this is federal student loan debt, you might want to look into getting back on a regular payment plan or income-driven repayment plan with your loan servicer rather than just paying the offset amount as a one-time thing. That way you're actually addressing the underlying debt and potentially avoiding future offsets. Keep all your documentation from the calls you make and any letters you receive. This kind of bureaucratic mix-up can sometimes lead to confusion down the road, so having good records will save you headaches later.
This is really helpful, thank you! I hadn't thought about getting back on a regular payment plan with the loan servicer instead of just dealing with the offset. That makes a lot of sense - probably better to address the root cause rather than just react to these timing issues. Do you know if there's a difference in terms of interest rates or fees between paying through an offset vs getting back on a normal payment plan?
Generally speaking, getting back on a regular payment plan is usually better than just dealing with offsets. With offsets, you're essentially in default status which often means higher collection fees and no control over when they take your money. A regular payment plan typically has lower or no additional fees, and you get the benefit of making consistent payments that can help your credit over time. Plus, with income-driven plans, your payment might be much lower than what they'd grab through offsets. The offset process also doesn't give you any of the protections that come with being on an active repayment plan, like deferment or forbearance options if you hit financial hardship later.
Another perspective - consider whether it might actually work out better without the 83b in some scenarios. If your company's valuation tanks or grows very slowly, you might actually be better off without having made the election since you'd only be taxed on the actual value at vesting (which could be lower than projected). I've seen people rush to file 83b elections, prepay taxes on high valuations, then watch their companies fail and end up with worthless stock they already paid taxes on. Without the 83b, you're only taxed as value is realized through vesting. Not saying this helps with your current situation, but maybe a silver lining perspective if the company doesn't skyrocket as expected.
This is actually a really good point that doesn't get mentioned enough. I filed an 83b on a previous startup and then had to claim a capital loss when the company went under. Would have been better off without the election in that case.
Exactly. The 83b is often presented as universally beneficial, but it's really a bet on significant appreciation. If that doesn't materialize, you've potentially prepaid taxes on phantom income. Without the 83b, your tax liability aligns more closely with actual value received. I've worked with several startups, and while some skyrocketed, others plateaued or declined. In those latter cases, employees who missed their 83b filing deadlines accidentally ended up in better tax positions than those who filed. Sometimes tax planning is as much about considering downside scenarios as upside potential.
I hate to be the bearer of bad news, but the 30-day deadline for 83b elections is unfortunately set in stone. The IRS has been extremely consistent on this - there's no "reasonable cause" exception, no extensions, and no retroactive filings allowed. I've seen people try everything from medical emergencies to natural disasters as justification, and the IRS doesn't budge. Your situation is definitely frustrating, but you're not alone - this happens to a lot of startup employees who get caught up in the excitement of a new role. The good news is that while you can't undo the missed deadline, you can still manage the tax impact going forward. Start by getting a clear picture of your vesting schedule and the company's current valuation. You'll need to recognize ordinary income tax on the spread between your exercise price and fair market value at each vesting date. This means setting aside cash for taxes as shares vest - don't wait until year-end to deal with this. Consider making estimated quarterly tax payments to avoid underpayment penalties, especially if the tax hit will be significant. Also, keep detailed records of everything related to your equity grant - grant date, exercise price, vesting dates, and company valuations. You'll need this documentation for proper tax reporting. While missing the 83b election stings now, remember that it's only beneficial if the company value increases substantially. If growth slows or the company struggles, you might actually end up better off without having prepaid taxes on potentially overvalued equity.
This is really helpful advice, especially the part about estimated quarterly payments. I'm curious though - when you mention keeping detailed records of company valuations at each vesting date, how exactly do you determine fair market value for a private startup? Is it based on the most recent funding round, or do you need formal appraisals? My company hasn't raised funding recently so I'm not sure how to document the FMV for tax purposes.
Don't forget about state taxes too! Your 1099-B might not be taxable for federal purposes as a nonresident alien, but some states have different rules. For example, I'm in California and they consider certain capital gains taxable for nonresidents even when the feds don't. Check your state's rules or you might get a surprise tax bill later.
This is such an important point! I'm in New York and almost made this mistake. Federal and state definitions of taxable income for nonresidents don't always match up.
Just wanted to add another perspective as someone who went through this exact situation two years ago. The key thing that helped me understand was realizing that as a nonresident alien student, you're essentially in a "protected" category for most investment income. The IRS generally doesn't want to tax casual investment gains from nonresident students because you're not here permanently and aren't engaged in a U.S. trade or business. However, you still need to be careful about a few things: 1. Keep detailed records of your days in the US each year - this becomes crucial for both the substantial presence test and the special capital gains 183-day rule that Liam mentioned. 2. Don't forget about the FBAR (Foreign Bank Account Report) if you have foreign accounts with more than $10,000 aggregate balance at any time during the year. 3. Even if your capital gains aren't taxable, you might still want to attach a statement to your 1040NR explaining why you're not reporting them - this can prevent IRS questions later. The good news is that most F-1 students in their first few years don't have to worry about capital gains taxes, but the rules can get tricky if you stay longer or have substantial trading activity.
This is really helpful advice! I'm also a first-year international student and didn't know about the FBAR requirement. Could you clarify - does the $10,000 threshold apply to each foreign account individually, or is it the total across all my foreign accounts combined? I have a few small accounts back home that might add up to more than $10,000 together but each one is under that amount individually.
The $10,000 threshold for FBAR is based on the AGGREGATE (combined total) of all your foreign financial accounts, not individual account balances. So if you have three accounts with $4,000, $3,500, and $3,000 respectively, that's $10,500 total and you'd need to file an FBAR. The key is the maximum balance during the calendar year - so even if your accounts were only above $10,000 combined for one day during the year, you still need to file. FBAR is filed electronically through FinCEN (not with your tax return) and the deadline is usually April 15th with an automatic extension to October 15th. Also worth noting that FBAR is required regardless of whether you owe any U.S. taxes or not - it's purely a reporting requirement for foreign accounts. The penalties for not filing can be severe, so it's definitely worth checking if you meet the threshold!
Diego Chavez
Does anyone know if TurboTax handles this better than FreeTaxUSA? I'm in the same boat with about 50 transactions and a couple wash sales. Would switching tax software make this easier?
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Anastasia Smirnova
β’TurboTax Premier does handle this situation better in my experience. You can import your 1099-B directly from most brokerages, and it will automatically identify which transactions have wash sales and format everything correctly on Form 8949. It will create multiple entries as needed - summarizing where possible and breaking out the wash sales separately. The downside is that TurboTax Premier costs more than FreeTaxUSA. If you're comfortable manually separating your wash sales from your regular transactions, you might not need to switch.
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Effie Alexander
I've been dealing with this exact same issue! For what it's worth, I called my brokerage (Charles Schwab) directly and they were able to provide me with a supplemental report that breaks down exactly which transactions had wash sales applied. It turns out most brokerages can generate this detail if you ask - it's just not included in the standard 1099-B. Once I had that breakdown, I was able to use the summary method for about 80% of my transactions and only had to list the specific wash sale transactions individually with code W. Saved me hours of data entry and I felt confident I was reporting everything correctly according to IRS rules. If your brokerage can't provide this detail, you might want to consider keeping better records next year or using a portfolio tracker that identifies wash sales in real-time as you trade.
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