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Ask the community...

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One thing nobody has mentioned - if you're not a US citizen but need to file taxes, you'd have an ITIN instead of an SSN as your TIN. I'm on a work visa and that confused me at first since all the forms just asked for "TIN" and I wasn't sure if that meant my ITIN or some other number. But yeah for most American citizens, your SSN is your TIN.

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Do you know if green card holders use their SSN or do they need an ITIN? My parents just got their green cards and are confused about filing next year.

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Green card holders use their SSN, not an ITIN. When someone gets a green card, they're eligible for (and usually required to get) a Social Security Number if they don't already have one. ITINs are specifically for people who need to file taxes but aren't eligible for SSNs, like certain visa holders or non-resident aliens with US income. So your parents should use their SSNs on all tax forms where it asks for TIN.

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Max Knight

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Just to add one more thing - I recently discovered that on some IRS transcripts, they only show the last 4 digits of your SSN/TIN for security reasons! I freaked out thinking my full number wasn't in their system, but that's actually a security feature to protect your identity. The IRS has your full number, they just don't display it on certain documents.

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Caleb Stark

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Ohhhh that explains why I only saw the last 4 digits on my transcript! I was wondering about that too but didn't think to ask. Thanks for clearing that up!!

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Ava Garcia

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Just a heads up that the Capital Loss Carryover Worksheet in the Schedule D instructions is the key document you need to complete carefully. I faced this exact situation last year (non-resident with carried forward losses but no US income). My tax software automatically tried to use $3,000 of my carried forward losses. I had to manually override this by completing the worksheet separately and entering the correct carryforward amount for next year. Some tax software doesn't handle this non-resident scenario correctly because it's designed for the more common US resident situations.

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Miguel Silva

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Which tax software were you using? I'm trying to file with TurboTax and it keeps insisting on using $3k of my losses even though I have no income. Is there a specific place where you had to override this?

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Ava Garcia

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I was using H&R Block's online software. The override was tricky to find - I had to go into the "Forms" view rather than using the interview process. Under Schedule D, there was an option to "override" the calculated loss deduction. I manually entered zero for the current year's deduction and preserved my full carryforward amount. With TurboTax, look for a similar "Forms" mode or "Tax Tools" section where you can directly edit Schedule D. The key is making sure that line 21 (the amount carried to Form 1040) shows zero while still documenting your full carryforward amount for next year in your records.

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Sooo...does anyone know if capital losses expire? I've been carrying forward some losses for like 4 years now and haven't been able to use them because I moved abroad. Will they eventually disappear if I don't use them?

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Capital losses don't expire! You can carry them forward indefinitely until they're used up. That's why it's so important not to "waste" them in years when you have no income to offset. I've been carrying some forward since 2016 and they're still valid.

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NeonNova

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Be VERY careful with tax resolution companies. I used a similar national company (not StopIRSDebt specifically) and ended up paying $3200 for them to basically fill out an installment agreement form that I could have done myself. They made big promises about reducing what I owed but in the end couldn't deliver. If you go with either option, get EVERYTHING in writing - exactly what services they're providing, what forms they'll file, and what results they're promising. Ask what happens if they can't deliver the results they promise.

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This is so important! My brother got scammed by one of these companies that promised to settle his $40k tax debt for pennies on the dollar. Paid $4k upfront, they filed an offer in compromise that got rejected, and then they basically disappeared.

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NeonNova

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Exactly! These companies often advertise based on best-case scenarios that apply to very few people. The "pennies on the dollar" settlements (Offers in Compromise) have specific qualifying criteria - you have to prove you have no ability to pay the full amount now or in the foreseeable future. Most people don't qualify. The most frustrating part is that many of these companies know you won't qualify before they take your money. They collect their fee, file paperwork they know will be rejected, then tell you "well, we tried!" while keeping your money. Always ask for their success rate with cases similar to yours, and get clear details about what specific actions they'll take for the fee they're charging.

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Has anyone looked into the IRS Fresh Start program? I had 4 years of unfiled returns and was able to get caught up through that. You might not need to pay someone so much money.

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The Fresh Start program definitely helped me too. It's not actually a specific program you apply for - it's a set of policies that make it easier to settle tax debts. Made my payment plan much more manageable.

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Lucy Lam

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Just to add another perspective on Form 709 and gifts - don't forget that the annual exclusion only applies to "present interest" gifts. With 529 plans, contributions are considered present interest gifts to the beneficiary (even though you control the account), which is why they work with the annual exclusion. But if you set up any other types of trusts for your kids that don't give them immediate access to the funds, those contributions might not qualify for the annual exclusion and would require filing Form 709 regardless of the amount.

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That's really interesting and something I hadn't considered. We did actually set up small trusts for each of our kids when they were younger (around $20,000 each). These trusts were designed to give them access when they turn 30. Would these definitely require filing Form 709 even though the amounts were under the annual exclusion limit at the time?

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Lucy Lam

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Yes, those trust contributions would almost certainly require filing Form 709, regardless of being under the annual exclusion amount. The key factor is that your children couldn't immediately access those funds (had to wait until age 30), which makes them "future interest" gifts rather than "present interest" gifts. The annual exclusion only applies to present interest gifts. For future interest gifts like the trusts you described, there is no annual exclusion - every dollar counts toward your lifetime exemption and must be reported on Form 709. This is one of the most misunderstood aspects of gift tax reporting.

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Aidan Hudson

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Quick question for those who know - does anyone have experience with the statute of limitations for unfiled gift tax returns? I'm in a similar boat where I made 529 contributions over several years without filing Form 709. Some of these were over 6 years ago. Should I still file for those older years?

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For unfiled gift tax returns, the statute of limitations doesn't start running until you actually file the return. Unlike income taxes where there's generally a 3-year statute of limitations from the due date, with unfiled gift tax returns, the IRS can technically come after you indefinitely. That said, if you didn't owe any actual gift tax (because you were under the lifetime exemption), the practical risk is much lower. But technically, you should file for all years where you exceeded the annual exclusion, regardless of how long ago. This properly records your use of the lifetime exemption and starts the statute of limitations clock.

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Rami Samuels

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You should double-check if your employer maybe checked the "Retirement Plan" box on your W-2 but you didn't select that option in TurboTax. That happened to me last year and caused the same paper filing message. Or maybe there's something in box 12 with codes like Q, R, or T that TurboTax isn't processing right. Honestly, if this is your first time filing, you might want to just go with the paper option rather than trying to fix whatever's causing the electronic filing issue. It's really not that complicated - you print, sign, and mail. Yeah, refund takes longer, but at least you know it's done right.

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Julia Hall

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Thanks for the tip! I actually went back and checked my W-2 and you're right - the retirement plan box is checked but I definitely didn't select that in TurboTax. I didn't even notice that option when going through the questions. Do you remember where in TurboTax I need to go to fix this?

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Rami Samuels

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You should be able to find it by going back to the W-2 entry section in TurboTax. Look for a section that says something like "Does your employer offer a retirement plan?" or there might be a specific checkbox when entering your W-2 information. If you're not seeing it there, try looking in the "Deductions & Credits" section under retirement savings options. Sometimes TurboTax splits these questions into different sections which can cause these kinds of mismatches. Once you get the information entered correctly to match your W-2, the paper filing requirement might disappear.

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Did you check if your state even allows e-filing through TurboTax? Some states have weird requirements or don't fully support certain tax software. I'm in Louisiana and had to paper file my state return last year even though my federal went through fine electronically. Also worth checking if your address matches exactly what the IRS has on file. Even small differences like "Street" vs "St" can trigger a paper filing requirement.

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This is a good point. I ran into this with New York one year because I'd moved mid-year and the address discrepancy triggered a paper filing requirement. Double check all your personal info matches what the IRS has on previous returns or communications.

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