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Im confused about pretax vs posttax deductions... which ones should be taken out before taxes are calculated? my paystub has these codes: 401k, DEN, MED, VIS, FSA, HSA, STD, LTD, LIFE
Most of those should be pre-tax! Your 401k, health insurance (MED), dental (DEN), vision (VIS), flexible spending account (FSA), and health savings account (HSA) are almost always pre-tax. STD/LTD (disability) and LIFE can be either pre or post-tax depending on your company's plan. If your disability or life insurance is pre-tax, just remember any benefits you receive later would be taxable. If they're post-tax now, benefits later are tax-free. You can usually tell which is which on your paystub because they'll show your gross income, then pre-tax deductions, then your taxable income, then post-tax deductions.
Check if your company switched payroll providers or updated their system recently - that often causes sudden changes in deduction codes and amounts. I had a similar situation where a system upgrade changed how my benefits were being calculated mid-year. Also look for an "earnings statement" or "pay stub legend" section on your company's HR portal or intranet. Most employers are required to make this information accessible to employees. If you can't find it online, ask a coworker who's been there longer - they might know where to find the documentation. The $95 jump could also be due to benefit elections kicking in if you recently went through open enrollment, or if you hit a salary threshold that triggered additional deductions. Sometimes companies also add new voluntary programs (like legal insurance or identity theft protection) that you might have accidentally enrolled in during benefits signup.
A quick tip nobody mentioned: If you're filing a super late return like this, send it via certified mail with return receipt requested. This gives you proof of when you submitted it in case the IRS ever questions the filing date. Has saved my butt more than once.
Don't panic! You're actually in a pretty good position since you mentioned you think you were owed a refund for 2021. As others have said, there are no penalties for filing late when you're getting money back from the IRS. One thing I'd add is to double-check that you haven't already filed electronically through a service you might have forgotten about. You can create an account on the IRS website and view your tax transcripts to see what they have on file for 2021. This will show you if anything was already submitted and what your actual refund amount would be. Also, since you have all your documents ready to go, consider using tax software that supports prior year returns rather than trying to fill out the forms by hand. It'll catch calculation errors and make sure you don't miss any deductions. Just remember - you'll need to print and mail it since e-filing isn't available for 2021 returns anymore. The April 18, 2025 deadline is coming up fast, so definitely prioritize getting this done soon if you want to claim that refund!
This is really helpful advice about checking your tax transcripts first! I didn't even know you could do that online. Quick question - when you create that IRS account to view transcripts, do you need any special information beyond the usual SSN and address stuff? I'm worried I might not remember all the details they ask for from 2021 since it's been so long.
Has anyone used QuickBooks Time or similar apps for tracking material participation? My accountant suggested it but it seems like overkill for just partnership documentation.
For what it's worth, I've been through a similar situation with health issues affecting my participation hours. One thing that helped me was realizing that time spent on administrative tasks like reviewing financials, insurance matters, vendor negotiations, and even business-related phone calls all count toward material participation - not just the obvious "management" activities. Since you mentioned health issues, don't forget that time spent dealing with business insurance, worker's comp issues, or even reviewing partnership agreements during your recovery could count. I kept a simple daily log in my phone's notes app during my recovery period, just jotting down "reviewed bank statements - 30 min" or "client follow-up call - 15 min" throughout the day. Also, consider the "facts and circumstances" test if you don't hit the hour thresholds. Given that you're a 50% owner actively involved in operations (even if reduced due to health), you might still qualify as materially participating. Documentation becomes even more crucial for this test though.
One thing nobody mentioned is that you might qualify for dual-status filing for 2023. Since you changed from F1-OPT to H1B mid-year, you could potentially file as a nonresident for part of the year and a resident for part of the year. Dual-status filing is complicated though. You basically file 1040-NR for the nonresident portion and attach a 1040 as a statement for the resident portion. Worth asking your CPA about this option too.
This isn't quite right. If you're an exempt individual (like an F1 student within your first 5 years), those days don't count for the Substantial Presence test regardless of whether you're physically in the US. Dual-status usually applies when you actually meet the Substantial Presence test partway through the year. With OP's timeline (F1 in 2021, still within 5-year exemption in 2023, transition to H1B only in October 2023), they almost certainly wouldn't have enough countable days to trigger resident status in 2023 at all.
Based on your timeline, you definitely should have filed 1040-NR instead of 1040. Here's why: As an F1 student who arrived in September 2021, you're considered an "exempt individual" for your first 5 calendar years (2021-2025). This means: - Your F1 days (Sep 2021 - Dec 2022): Don't count - Your F1-OPT days (Jan 2023 - Sep 2023): Don't count - Your H1B days (Oct 2023 - Dec 2023): Only about 92 days count With only ~92 countable days in 2023, you clearly don't meet the 183-day threshold for the Substantial Presence test. You should file Form 1040-X to amend your return to 1040-NR. This is especially important since you mentioned potential USCIS applications - having incorrect tax filings can definitely complicate future immigration processes. I'd recommend getting this corrected ASAP and keeping documentation of the amendment for your records. Your accountant may not have been familiar with the F1 exempt individual rules, which is unfortunately common. Consider finding a CPA who specializes in nonresident tax issues for future filings.
This is really helpful, Miguel! Your breakdown makes it much clearer why the 1040-NR was the correct form. I had no idea about the 5-year exempt period for F1 students - that's a crucial detail my accountant apparently missed. Quick question: when I file the 1040-X amendment, should I expect a refund since non-residents typically have different tax rates and deductions? And do you know if there's a deadline for filing amended returns that could affect immigration applications? I'm definitely going to look for a CPA who specializes in nonresident taxes going forward. This kind of mistake could have really complicated my green card process next year.
Drew Hathaway
I had this exact situation last April! According to the IRS website (https://www.irs.gov/individuals/understanding-your-cp05-notice), these reviews are part of their fraud prevention program. Mine was triggered because I claimed a home office deduction for the first time. The timeline on the IRS site says 60 days, but mine was resolved in 47 days with no additional information requested. The refund just showed up in my account with interest! The IRS Operational Status page (https://www.irs.gov/newsroom/irs-operations) sometimes has updates on processing times for these reviews as well.
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Edwards Hugo
I went through something similar when I changed my filing status to Head of Household after my divorce. The CP05 notice can definitely be stressful when you're counting on that refund! In my case, it took about 8 weeks to resolve, but the IRS was specifically verifying my eligibility for Head of Household status and making sure I met the requirements (like paying more than half the household costs and having a qualifying dependent). Since you mentioned this involves your ex-spouse and child tax credits, I'd recommend gathering all your divorce documentation that shows the custody arrangement and who's entitled to claim which children. The IRS sometimes sees duplicate claims and needs to sort out who has the legal right to claim each credit. One thing that helped me was calling the Taxpayer Advocate Service at 1-877-777-4778. They were more helpful than the general IRS line when I needed to understand what was happening with my review. They can't speed up the process, but they can sometimes provide more specific information about what the IRS is looking for. The good news is that in most cases, these reviews end favorably for the taxpayer when everything is legitimate. Hang in there!
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Ella Russell
ā¢This is really helpful advice! I'm going through my first year filing as single after being married for 8 years, so I can relate to the stress of status changes triggering reviews. Quick question - when you called the Taxpayer Advocate Service, did they ask for specific information upfront, or were they able to look up your case just with your SSN? I'm wondering if I should wait a bit longer or reach out proactively. The divorce decree clearly states who claims which child, so I'm hoping that documentation will be sufficient once they review it.
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