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Ask the community...

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Ben Cooper

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Something important that nobody's mentioned yet - make sure your nephew actually responds to the levy notice! As someone who works in a tax office (different state), I can tell you that while YOU aren't liable for his debts, ignoring the notice will make his situation much worse. Most states offer payment plans or sometimes even settlement options for people in financial hardship. But these options are only available if he actually contacts them and explains his situation. The worst thing he can do is nothing. Also, check whether your state has a taxpayer advocate service. Many states have free resources to help taxpayers navigate collection issues, especially for people with limited income.

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Summer Green

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Thanks for bringing this up! You're absolutely right. I've been so focused on whether I could be at risk that I haven't really pushed him enough on addressing his own situation. Do these payment plans usually require some kind of initial payment? He literally has almost no money right now.

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Ben Cooper

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Most state tax agencies do require some initial payment to establish a payment plan, but the amount can often be negotiated based on financial circumstances. For someone with extremely limited income, some states will accept as little as $25-50 to start a plan. The key is documentation. Your nephew should gather proof of his current financial situation - bank statements showing low balances, unemployment documentation, job search records, etc. Many states have hardship programs specifically for people in dire financial situations. Some might even temporarily place the account in "currently not collectible" status if he can prove he has no ability to pay anything right now.

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Naila Gordon

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Is nobody going to point out that it might not be a good idea to claim someone as a dependent who has unresolved tax issues? While you're not legally liable for their state tax debts, claiming someone with tax problems can potentially increase your audit risk. The IRS and state tax authorities sometimes cross-reference dependents, especially adult dependents, and it might raise flags if someone you're claiming has outstanding tax issues. Doesn't mean you did anything wrong, but could mean more scrutiny.

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Cynthia Love

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This is actually a really good point that I hadn't considered. When I worked at an accounting firm, we definitely saw increased audit rates for returns with adult dependents who had their own tax compliance issues. Doesn't mean you shouldn't claim them if they legitimately qualify, but worth being aware of.

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AstroAce

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Make sure you also consider state taxes! Federal is only part of the picture. I sold shares in a Canadian company last year and completely forgot that my state (California) also wanted their cut of my foreign income. Had to file an amended return and got hit with interest.

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This! I live in NY and they're just as aggressive as the feds about taxing foreign income. Double check your state tax laws.

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Jamal Brown

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One thing not mentioned is the actual money transfer itself. When bringing in over $1M, your bank will likely file a Currency Transaction Report, and you might need to fill out paperwork explaining the source of funds. Make sure you have all documentation from the share sale readily available - the purchase agreements, sale contracts, any foreign tax documents, etc. Banks have gotten super strict about large incoming international transfers.

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Mei Zhang

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This happened to me with a much smaller amount ($150k) from selling property overseas. My account got frozen for like 2 weeks while they verified everything. Super annoying.

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Jamal Brown

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Yes, it's become extremely common even with smaller amounts. The banking regulations have tightened significantly under anti-money laundering laws. I recommend contacting your bank before the transfer to ask about their specific documentation requirements and procedures for large incoming international wires. Some banks handle it much better than others. I've seen people have funds held for up to 30 days during verification, which can be a serious problem if you need access to the money. Having all your documentation organized in advance and possibly even working with a private banker at your institution can make the process go much more smoothly.

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NebulaNova

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Quick tip from someone who's been through this - if you have your last paystub of the year, it usually has your year-to-date info which is basically what goes on your W2! Most restaurants use standard payroll systems that calculate this automatically. Might be worth checking if you have that last stub somewhere.

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That's a great point! I don't think I saved my last paystub, but now I'm going to check my email to see if they sent electronic copies. I vaguely remember getting emails when a new paystub was available, but I usually just checked the deposit amount. If I can find that last one from December it would solve everything! Thanks for the suggestion!

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NebulaNova

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Happy to help! Even if you can't find the December one, any paystub from late in your employment might be useful since it would have the year-to-date totals up to that point. You could then estimate the additional earnings for your remaining time there. And don't forget to check your spam folder - payroll emails often end up there.

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Has anyone here ever had the IRS penalize them for filing with Form 4852 instead of a W2? I'm worried my refund will get flagged or delayed if I go this route. My old employer is being difficult about sending my W2 and I need to file soon.

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Paolo Conti

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I had to use Form 4852 two years ago and had zero issues. The IRS actually processes these pretty routinely. As long as your estimates are reasonable and you document your attempts to get the W2, you should be fine. My refund wasn't delayed at all. The employers are the ones who typically get in trouble, not you.

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Emma Bianchi

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Just to add another perspective - I went through this exact situation. Did my undergrad in Brazil, then came to US for masters. My tax preparer told me that since the AOTC is for the "first 4 years of postsecondary education" regardless of where you did them, I couldn't claim it for my masters. But I was able to claim the Lifetime Learning Credit! It's a smaller credit (20% of up to $10,000 in qualified expenses, so max $2,000) but it helped offset some of my tuition costs. And unlike the AOTC, there's no limit on how many years you can claim it.

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Do you need specific forms from your school to claim the Lifetime Learning Credit? My university gave me a 1098-T but it doesn't show all the details I think I need.

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Emma Bianchi

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Yes, you should receive Form 1098-T from your US university which shows your qualified education expenses. Sometimes it doesn't include everything that's actually eligible though! For example, my form didn't include my required course materials, but those are qualified expenses I could add. If you're missing information on your 1098-T, contact your university's bursar or financial office - they can usually provide an itemized statement of your expenses. Keep receipts for things like textbooks and required supplies too, since those count but might not appear on your 1098-T.

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Has anyone found a good tax software that handles this situation well? I tried using [popular tax software] and it kept pushing me toward claiming AOTC even though I know I'm not eligible because I completed my undergrad in Germany before moving to the US for my master's.

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Charlie Yang

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I used TaxAct last year and it asked clear questions about my education history that helped determine I was only eligible for Lifetime Learning Credit. It specifically asked if I had completed 4 years of post-secondary education before, not just if I had claimed AOTC before.

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Thanks for the recommendation! I'll check out TaxAct. The software I was using just kept asking if I'd claimed AOTC for 4 years already, not whether I'd completed 4 years of college, which was confusing since I never claimed it before (wasn't in US during undergrad).

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One thing nobody's mentioned yet is that you might qualify for the IRS Fresh Start Program. It's not exactly one specific program but a collection of tax relief options with more flexible terms. I went through this when I owed about $32k in back taxes. The key qualification factors they looked at were my income, expenses, assets, and ability to pay. In my case, I qualified for an extended installment agreement that gave me 6 years to pay instead of the standard 3 years. Whatever you do, don't fall for those "settle for pennies on the dollar" ads you hear on the radio. Most people don't qualify for that level of reduction, and many of those companies charge thousands upfront with no guarantees.

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Vince Eh

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Do you have to have a certain amount of tax debt to qualify for the Fresh Start stuff? I owe about $8,500 from 2022 and 2023... is that even enough to bother with these programs?

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There's no minimum debt requirement for the Fresh Start provisions, so your $8,500 definitely qualifies. For smaller debts like yours, you might especially benefit from the streamlined installment agreement option, which has simplified application requirements for debts under $50,000. With $8,500, you might also consider whether you have any means to fully pay the debt, such as a personal loan with a lower interest rate than the IRS charges. The IRS interest and penalties continue to accrue even while you're on a payment plan, so sometimes it makes financial sense to pay it off another way if possible. But if that's not an option, definitely look into the streamlined installment agreement.

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Watch out for the 10-year statute of limitations on tax debt! The IRS generally has 10 years from the date of assessment to collect. If you're close to that 10-year mark on any of your back taxes, sometimes waiting it out (or getting into Currently Not Collectible status) can be a legitimate strategy. But be careful - certain actions can extend that 10-year period, like submitting an Offer in Compromise, filing for bankruptcy, or leaving the country for an extended period. I made the mistake of applying for an OIC that got rejected, and it added almost 2 years to my collection statute. Also, filing returns for older years can actually restart that 10-year clock, so you might want to consult with a tax pro before filing very old returns.

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This sounds like you're advising tax evasion which is literally a crime. You should ALWAYS file your tax returns even if you can't pay. Not filing is way worse than filing and setting up a payment plan.

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