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International student advisor here. This is a common issue we see. A few important points beyond just amending: 1. Make sure you also consider any tax treaty benefits you might have been eligible for on the 1040NR that weren't available on the standard 1040. 2. The 1040NR may result in different calculations for your standard deduction and exemptions compared to what you claimed on the 1040. 3. Document everything related to this amendment and keep copies of all paperwork. Having a clear paper trail will help if this ever comes up during future immigration processes.
Thank you so much for this information! I hadn't even thought about the tax treaty benefits. My home country is India - are there specific treaty benefits I should be looking into when I file the 1040NR?
India does have a tax treaty with the US, and there are some benefits for students. Most notably, Indian students and business apprentices may be eligible to exclude a certain amount of income from US taxation. For students from India, you may be able to exclude income for teaching or research if you meet certain requirements. However, tax treaties are complex and the benefits vary based on your specific situation, status, and type of income. When you file your 1040NR, there's a section where you can claim these treaty benefits (usually on Form 8833).
One thing nobody has mentioned yet - if you received any tax credits on your 1040 that aren't available to nonresidents filing 1040NR, this could complicate things. For example, nonresidents generally can't claim the Earned Income Credit or certain education credits.
Just wanted to add something important about your mileage situation. Since you're a single-member LLC on cash basis, you actually have another option that nobody mentioned yet. You could take a "draw" from your business in 2025 (not classified as a reimbursement), but still claim the mileage deduction on your 2024 Schedule C. As a sole proprietor (which is how you're taxed), you don't technically need to "reimburse" yourself - the business and you are the same tax entity. You can simply claim the mileage directly as a business expense on Schedule C regardless of whether money moved from the business account to your personal account. This is probably the best approach since you'd get the tax benefit sooner (on your 2024 return).
Thank you so much for pointing this out! I think I've been overthinking the "reimbursement" aspect. Since I'm essentially the same tax entity as my business, it makes more sense to just claim the mileage directly on my Schedule C for 2024 rather than worrying about formal reimbursement. This actually simplifies things a lot for me. I've kept detailed logs with dates, miles, and business purposes for all those December trips. Is there anything special I need to note on my tax return about this, or do I just include all those miles in my total business mileage for the year?
You've got it exactly right! Just include those December miles in your total business mileage for 2024 on your Schedule C. There's no special notation needed as long as you have your mileage log with the dates, destinations, and business purposes documented. The key is keeping that detailed log in your records (don't submit it with your return, but keep it in case of an audit). Make sure your log shows the dates were in 2024, and you're good to go. This is actually the most straightforward approach for a single-member LLC/sole proprietor.
Just to confirm what others have said - I'm a delivery driver with a similar setup and I had this exact question last year. The key is definitely documentation! I keep a spreadsheet with columns for: Date, Starting Address, Ending Address, Total Miles, and Business Purpose. Having this detail saved me when I got a letter asking about my mileage deduction. I was able to show every trip was legitimate. Another tip - take photos of your odometer at the beginning and end of each month. I do this religiously now and it's another layer of proof if needed.
One thing to be super careful about when filling out Form 4852 - make sure you're calculating your Social Security and Medicare taxes correctly. Those are usually 6.2% for Social Security (on the first $168,600 for 2025) and 1.45% for Medicare (on all earnings). I messed this up last year when dealing with a missing W-2 and it caused my return to get flagged for review, which delayed my refund by almost 2 months.
Is there a specific place on the tax return where we note that we're using Form 4852 instead of a W-2? Or does just attaching the form take care of that?
Just attaching the Form 4852 to your return takes care of it - there's no special place you need to note it elsewhere on your return. The form itself has a field where you explain why you're using it instead of the W-2 (missing W-2, incorrect W-2, etc.), which gives the IRS all the information they need.
Has anyone used TurboTax with Form 4852? My situation is basically identical to the original poster, but I'm not sure if the tax software will handle this correctly or if I need to file on paper this year.
Yes! TurboTax actually handles this pretty well. When you get to the income section, there's an option that says something like "I don't have a W-2" or "My employer didn't give me a W-2." If you select that, it walks you through entering all the information from your paystubs and generates Form 4852 automatically.
I worked at one of those tax prep places for two tax seasons, and I'll tell you the secret - they LOVE clients with EIC and child tax credits because they can charge you the "premium" rates even though those forms take like 5 extra minutes to complete. Your return probably took the preparer 30 minutes total. The $571 you paid is basically pure profit. Next year, use the free file options through IRS.gov if your income is under about $73k. Even if you don't qualify for that, software like FreeTaxUSA charges like $15 for federal and state. Don't go back to these predatory places!
Ugh, I feel even worse now knowing they saw me coming! Was there anything specific that made them charge me so much? I thought maybe it was the EIC calculations that were complicated, but you're saying that's actually simple?
The EIC and child tax credit calculations are completely automated in their software system. It's literally just clicking a few buttons and the computer does all the work. What they did was charge you their "deluxe" or "premium" package rates because you had tax credits. These places train their preparers to identify clients who might have refundable credits because those clients are often less price-sensitive (they're focused on the refund amount, not the preparation fee). They know you're getting a larger refund with those credits, so they take a bigger cut. Next year, remember that your return is actually quite straightforward and any of the major tax software options could handle it for a fraction of the cost.
I feel your pain! I paid $498 at Liberty Tax for a return that was basically just a W-2 and a 1099 from a side gig. Found out later I could have done it myself for free. The hard truth is tax prep chains make most of their money from people who don't actually need their services but don't realize it.
Try Cash App Taxes next year (used to be Credit Karma Tax). Completely free for federal AND state, no income limits or hidden fees. I've used it for 3 years with W-2s, 1099s, and child credits with no issues.
Anastasia Kozlov
Does anyone know if inheriting a house triggers property tax reassessment in all states? In my area, they immediately jacked up the property taxes after my sister inherited our parents' home.
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Sean Flanagan
ā¢Property tax reassessment varies by state. In California for example, Prop 19 changed things in 2021 - now inherited family homes get reassessed unless certain conditions are met (like you use it as your primary residence). Texas has different rules. You should check with your specific county tax assessor.
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Zara Mirza
Think about this - would you rather inherit the house directly or have your aunt create a trust? There are pros and cons to both. When my father left his house to me without a trust, we had to go through probate which took almost a year and cost about $15k in legal fees. A trust would have avoided that, but has upfront costs to set up.
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