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Ask the community...

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Naila Gordon

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Your cousin should also look into whether he qualifies for IRS Form 911 (Taxpayer Advocate Service) help. If he can demonstrate that the payment requirements are causing significant financial hardship (like inability to pay for necessities), the Taxpayer Advocate can sometimes intervene. They're an independent organization within the IRS designed to help taxpayers resolve issues.

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I had no idea this existed! How does my cousin apply for this Form 911 help? Does he need to provide specific documentation about his financial situation?

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Naila Gordon

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He'll need to fill out Form 911 (Request for Taxpayer Advocate Service Assistance) which asks for details about the hardship. He should be very specific about exactly how the tax situation is causing financial hardship - like documentation showing he can't pay rent, utilities, or medical expenses because of the tax payments. Supporting documentation is super important - recent bank statements, bills, income proof, anything showing the gap between income and necessary expenses. The more concrete evidence of hardship, the better his chances. He can submit the form online, by mail, or fax. Sometimes it's actually faster to reach out to his local Taxpayer Advocate office directly by phone - the form includes contact info for local offices.

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Cynthia Love

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One thing nobody mentioned - since he was a 1099 contractor, he might have missed a bunch of legitimate business deductions that could lower his original tax bill before even looking at payment plans or settlements. Common missed deductions for contractors include: - Home office (if he works from home) - Business mileage - Phone/internet (business portion) - Health insurance premiums - Retirement contributions - Business equipment

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This is so important! I was a 1099 worker and realized I missed like $8k in legit deductions when I finally got help from a tax pro. Lowered my tax bill significantly. Does the cousin already have an accountant or did he DIY his taxes?

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StarGazer101

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One important thing nobody's mentioned yet - your 1042-S might have income that's partially or fully exempt from US tax due to a tax treaty! This depends on your country of citizenship and visa status. Look at box 10 on your 1042-S when you get it - it will show the treaty article and sometimes a code that indicates what portion is exempt. You'll still report the full amount on your tax return, but you'll also complete Form 8833 to claim the treaty exemption. Also check if your fellowship is "qualified" - some fellowship amounts for tuition and required fees might not be taxable income at all. This gets complicated fast, so you might want professional help with this part.

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NightOwl42

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Thanks for bringing up the treaty benefit possibility! I'm from Sweden, and I believe there is a tax treaty, but I'm not sure how it applies to fellowship income. My visa is J-1 research scholar. Would that potentially make some of my fellowship exempt? Also, my fellowship covers tuition remission separately from my stipend. The stipend is what will be on the 1042-S. Does that change anything?

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StarGazer101

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Yes, Sweden definitely has a tax treaty with the US, and J-1 research scholars often qualify for benefits! Under Article 20 of the US-Sweden treaty, you may be eligible for an exemption on your fellowship income for up to two years. Regarding your stipend versus tuition remission - that's actually ideal! If the tuition remission is paid directly to the university, it's not considered taxable income to you at all and shouldn't appear on your 1042-S. The stipend portion on your 1042-S may be partially or fully exempt under the treaty. When you get your 1042-S, check if Box 3 (type of income) shows a code like "16" (scholarship/fellowship) and if Box 10 shows "20" (for Article 20) - that would indicate treaty benefits were applied.

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Has anyone used TurboTax for filing with both 1042-S and W-2? Wondering if it handles this situation correctly or if I need to go to a professional?

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Paolo Romano

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I tried using TurboTax for this exact situation last year and it was a nightmare. It kept trying to treat my fellowship as self-employment income and wanted me to pay self-employment tax on it. Ended up having to go to a CPA who specializes in international tax issues and he found that TurboTax had miscalculated my tax by over $3000!

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Just to add some clarification since i worked as a tax preparer during COVID: The Form 8915 series was specifically for retirement distributions: - Form 8915-E: For coronavirus-related distributions in 2020 - Form 8915-F: For qualified disaster distributions in later years The CARES Act allowed people affected by COVID to: 1. Withdraw up to $100,000 from retirement accounts without the 10% early withdrawal penalty 2. Spread the income (and tax) over 3 years 3. Repay the distributions within 3 years if they wanted This is completely separate from stimulus checks (Economic Impact Payments) which were handled through Recovery Rebate Credits on your regular 1040.

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Owen Jenkins

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Was there a deadline to file the 8915-E form? My brother took money from his 401k during COVID but I don't think he ever filed that form. Is he in trouble with the IRS now?

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Yes, there was a deadline for taking the qualified distributions - December 30, 2020. The distributions had to be reported on Form 8915-E which would have been filed with the 2020 tax return (or potentially spread over returns for 2020, 2021, and 2022 if he chose to spread the income). If he took a distribution but didn't file Form 8915-E, he may have paid the 10% early withdrawal penalty unnecessarily. He could potentially file an amended return for 2020 to claim the special treatment if he qualified. The IRS generally allows amendments within 3 years of the original filing date, so he might still have time depending on when he filed his 2020 return.

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Lilah Brooks

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Does anyone know if TurboTax automatically creates Form 8915 if you answer "yes" to those questions? I'm wondering if I might have filed one without realizing it.

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Yes, TurboTax would have created and filed the appropriate Form 8915 if you indicated you took a qualified disaster distribution from a retirement account. You can check your actual filed return - there should be a PDF copy in TurboTax that shows all forms that were submitted.

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One thing nobody has mentioned yet - if you made any payments toward that 2010 tax debt AFTER your bankruptcy, that could have reset the statute of limitations clock completely. I learned this the hard way with a 2008 tax debt that I thought was long gone, but one $50 payment I made in 2016 restarted the whole 10-year period. Also, if the IRS filed a Notice of Federal Tax Lien before your bankruptcy, that lien might still be attached to any property you owned before the bankruptcy, even if the debt itself can't be collected anymore. Worth checking your county records to see if there's an old lien that needs to be addressed.

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I don't think I made any payments after the bankruptcy, but now I'm paranoid. Would partial payments reset the clock or only full payments? And how would I check for liens? Just call the county recorder's office?

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Any payment, even a small partial payment, can reset the collection statute. It's one of the ways people accidentally revive old tax debts. The IRS sometimes even sends out collection notices on expired debts hoping you'll make a payment without realizing it restarts the clock. For liens, yes, you can check with your county recorder's office or clerk's office. Most counties now have online systems where you can search for liens by name. If you find a lien and your debt is truly beyond the collection statute, you can request a "lien withdrawal" from the IRS using Form 12277. Just be careful about contacting them if you're not 100% sure the debt is uncollectible.

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Don't forget about refund offsets! Even if they can't actively collect anymore, the IRS can still take any tax refunds you might be owed and apply them to old debts. This happens automatically through their system and isn't considered active collection, so it can happen even after the statute expires in some cases. I'd recommend adjusting your withholding so you don't have refunds coming if you're concerned about this. Better to owe a small amount each year (but pay it on time!) than to have refunds intercepted.

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Is this really true? I thought once the statute of limitations was up, they couldn't touch your money at all - including refunds. Can someone confirm if refund offset is really not subject to the 10-year rule?

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You're partially right - I should have been more clear. For most federal tax debts, the refund offset ability does end when the collection statute expires. However, there are exceptions for things like child support, student loans, state tax debts, and a few other categories that can continue to offset refunds. Also, if the IRS has already applied your refund to an old tax debt before the statute expires, they don't have to give it back even if the debt becomes uncollectible later. Always best to check your tax transcripts for the specific collection statute expiration date (CSED) for each tax year you owe.

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Andre Moreau

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One important thing no one's mentioned yet - don't forget about the property tax deduction too, not just mortgage interest! When I inherited my aunt's house, I found out I could deduct the property taxes I paid even while the house title was still being transferred. Make sure you're tracking all the property tax payments separately from the mortgage interest. Some banks include property tax in the mortgage payment and some don't. You'll want to claim both deductions if possible.

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Oh that's a good point - the property taxes are paid through the mortgage escrow. Would those be split between the estate and me in the same way as the interest? The property was reassessed after the inheritance too, so the taxes went up.

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Andre Moreau

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Yes, property taxes would typically be split the same way as the mortgage interest - based on when the mortgage was legally in your name versus the estate's name. However, since you were the legal owner of the property (the deed was in your name) earlier than the mortgage transfer, you might be able to claim all property taxes paid after the deed transfer regardless of whose name was on the mortgage. The property tax reassessment is actually important too - when you inherit property, you often get a "stepped-up basis" to the fair market value at the time of death, which affects your cost basis if you ever sell the property. Keep all documentation about the reassessment as you'll need that for future tax implications.

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PNC is absolutely terrible with inherited mortgages. I went through something similar and ended up having to get a tax attorney involved because they sent conflicting tax forms. For what it's worth, my attorney said that mortgage interest can be deducted by whoever actually paid it, regardless of whose name is on the form, BUT you need proper documentation showing you made the payments. Save all your bank statements showing the mortgage payments coming from your account. Also, the tax rules changed a bit in recent years - you can only deduct interest on up to $750,000 of qualified residence loans now (used to be $1 million), so make sure that's not an issue if it's a high-value property.

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Did you have to file amended returns after getting the attorney involved? I'm in a similar mess with Wells Fargo and just got a corrected 1098 for last year, wondering if I need to amend.

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