


Ask the community...
Sorry but this is ridiculous. The IRS is already taking a third of my paycheck and now they want to tax a $25 gift card from the Christmas party?? This is why everyone hates taxes. The government needs to leave people alone over trivial amounts like this.
I understand the frustration, but there's actually some logic behind treating gift cards differently from other small gifts. The IRS views gift cards as "cash equivalents" because you can use them to buy whatever you want, just like money. Compare that to if your employer gave you a $25 company mug or coffee basket - those would actually qualify as de minimis fringe benefits and wouldn't be taxable. The good news is that as others mentioned, most employers already factor this into your W-2, so you're probably already paying the correct amount without realizing it. And realistically, we're talking about maybe $5-8 in additional tax on a $25 gift card. While the principle might be annoying, the actual financial impact is pretty minimal. The bigger issue would be if someone won something valuable like a $500 gift card or vacation package - those definitely need proper reporting since we're talking about meaningful amounts of tax owed.
idk why everyones making this so complicated... if u supported him + he made no money + lived with u = u can claim him. simple as that
Just want to add that you'll also need to make sure he's not married filing jointly with someone else - that would disqualify him as your dependent even if he meets all the other requirements. Also, since he's over 24 and not a student, he can only qualify as a "qualifying relative" not a "qualifying child" which means different rules apply. The income limit Faith mentioned ($4,700 for 2024) is key!
Quick question - what if both my jobs had exactly the same employer but paid me with different W2s? My company split into two entities mid-year but it's basically the same company. Would they still over-withhold or should they have coordinated since it's technically the same employer?
That's a good question! If it's truly the same employer (same EIN - Employer Identification Number), they should coordinate and not withhold beyond the limit. But if they split into two legally distinct entities with different EINs, they're considered separate employers for tax purposes, even if it feels like the same company to you. In that case, each entity would withhold Social Security tax without knowledge of what the other entity withheld. Check your W2s - if they have different EINs in Box b, they're treated as separate employers and you'll likely need to claim the excess withholding on your tax return.
This happened to me a few years back and I can totally understand the panic! Just to reinforce what others have said - you're absolutely right that you've overpaid, and no, your employers don't need to correct anything on their W2s. One thing I learned the hard way: make sure to keep good records of this for next year if you're still working multiple jobs. I now track my Social Security wages throughout the year so I can ask one employer to stop withholding once I hit the limit. It's not required, but it helps with cash flow instead of waiting for the refund. Also, double-check that both W2s show the correct Social Security wages in Box 3 and Social Security tax withheld in Box 4. Sometimes there are errors there that could affect your calculation. Your total overpayment should be the amount over $9,932.40 for 2023, which sounds like it's around $5,073 based on your numbers - that's a nice refund!
I work in international student services at a university and see this question frequently. There's one important detail no one has mentioned yet - the "substantial presence test" counts days differently for F1 students. For the first 5 calendar years you're in the US in F1 status, you're considered an "exempt individual" and those days don't count toward the substantial presence test. After that 5-year period, your days start counting, and many F1 students who've been here longer actually do qualify as residents for tax purposes. When exactly did you arrive in 2021? If it was early in the year, you might be approaching that 5-year mark where your status could change.
This is super helpful! I'm not OP but I've been here on F1 since Feb 2019. Does that mean 2023 was my 5th calendar year and for 2024 taxes I'll be considered a resident? My tax preparer never mentioned this!
Thanks for this insight! I arrived in August 2021, so if I'm counting correctly, my 5 calendar years would be 2021, 2022, 2023, 2024, and 2025. So I'd potentially qualify as a resident for tax purposes in 2026 when filing for the 2025 tax year? The tax consultant made it sound like we could choose to be residents right now, which seemed off to me. Sounds like we definitely need to file as non-residents for our 2023 taxes.
I'm also on F1 OPT and went through a similar confusion last year! Your tax consultant seems to be mixing up different concepts. There's no way to just "choose" to be a resident for tax purposes when you're on F1 status and haven't met the substantial presence test yet. What they might be thinking of is the Section 6013(g) election, which allows a non-resident alien married to a US citizen or resident to elect to be treated as a resident for tax purposes. But this only works if ONE spouse is already a US citizen or resident - since you're both on F1 visas, this doesn't apply. The substantial presence test exemption for F1 students is very clear - you're exempt for your first 5 calendar years in F1 status, and there's no way around that. Filing incorrectly could cause serious problems with USCIS later when you apply for status changes. I'd strongly recommend getting a second opinion from a CPA who specializes in international taxation, preferably one recommended by your university's international student office. The potential tax savings from joint filing aren't worth the risk of immigration complications down the road. Also, don't forget that as F1 students, you may be eligible for certain tax treaty benefits depending on your country of citizenship that could reduce your tax liability even as non-residents.
Javier Cruz
Has anyone successfully gotten a refund from Sprintax when they mess up calculations like this? I paid $75 for them to prepare my return last year and found out later they calculated my substantial presence completely wrong. I ended up having to file an amended return which cost me even more money.
0 coins
Emma Thompson
ā¢I managed to get a partial refund last year after proving they made a significant error. You need to take screenshots of the error, explain clearly what's wrong (with IRS references if possible), and be really persistent with their customer service. I had to escalate to a supervisor, but eventually got about 50% of my fee back.
0 coins
Cynthia Love
I went through almost the exact same situation last year! After spending hours trying to figure out why Sprintax was calculating my substantial presence test incorrectly, I realized the issue was in how I had entered my visa transition dates. Like you, I'm on F-1 status, and I had entered my initial arrival date correctly but made an error with when my 5-year exemption period actually started. It turns out the exemption is based on calendar years, not the actual date you first arrived. So if you first came to the US in September 2019, your first exempt calendar year was still 2019, making 2024 potentially your 6th calendar year (and therefore not exempt). I'd recommend double-checking not just your entry/exit dates, but specifically verifying when your F-1 exemption period began and ended. In my case, once I corrected this in Sprintax, the substantial presence calculation matched my manual calculation perfectly. If you're still having trouble after checking this, definitely reach out to their support with screenshots. They were actually pretty helpful once I could show them exactly where the discrepancy was occurring.
0 coins