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International student advisor here (not tax advice, just experience). The confusion stems from what's "required" vs what's "enforced." Technically, you should file a 1040NR to report ALL US-source income, even if exempt. But in practice, many students with ONLY treaty-exempt income on 1042-S don't file, and the IRS rarely follows up. However, if you have ANY other US income (like your W-2), you absolutely must file and include ALL income sources including the 1042-S amounts. The safest approach is always to file, especially if you plan to remain in the US after graduation or apply for permanent residency.
Thanks for this explanation. Does this mean I've been doing something wrong the past few years? Will this cause problems when I apply for OPT after graduation?
If you've had mixed income (both W-2 and treaty-exempt 1042-S) and didn't report the 1042-S income on your returns, you might want to consider filing amended returns. The good news is that if you didn't owe additional tax (because the income was truly treaty-exempt), you likely won't face penalties other than possibly interest on late payments if any portion was actually taxable. As for OPT applications, USCIS doesn't typically verify tax compliance for OPT specifically, but they may check this for later immigration benefits like H-1B or permanent residency. They're mostly concerned that you maintained status and followed visa regulations. If you're worried, consulting with an international tax specialist would be worthwhile before your OPT application.
Something nobody mentioned yet - you should check Box 7a on your 1042-S form. If it has a treaty code and shows the income is exempt, you technically still need to file but the process is pretty straightforward. You'll need: 1) Form 1040NR 2) Form 8833 to claim the treaty benefits 3) Copy of your 1042-S attached My university's tax software (Glacier) handles this automatically and even told me which treaty article applies to my country. Much less stressful than trying to figure it out manually.
Does Glacier work for alumni too? I graduated last year but still got a 1042-S for a final scholarship payment in January.
Have you considered using the IRS's Direct File system? I believe they've expanded it to include some business forms too. I used it for my Schedule C last year and it was surprisingly straightforward.
I looked into the IRS Direct File, but unfortunately it doesn't support Form 1065 for partnerships yet. I think they're still focusing on basic individual returns with some Schedule C support, but not the full partnership forms that I need to file. Would have been great if it was an option though! That's exactly the kind of solution I'm looking for.
You're right - I just double-checked and Form 1065 isn't included in their Direct File program yet. My mistake! I was thinking of Schedule C for sole proprietors. They're supposed to be expanding the program each year, so maybe it'll be an option for 2026 filing season. For now, it seems like your best options are either using one of the more affordable tax software options others have mentioned or e-filing your personal return and mailing in the Form 1065 separately.
Just a quick heads up - if you decide to mail in your Form 1065, make sure you're using the CURRENT YEAR form from the IRS website. I made the mistake of using an old form I had saved, and it caused all kinds of problems. Also, send it certified mail so you have proof of when you sent it. The IRS lost my mailed form one year and tried to hit me with late filing penalties!!
This happened to me too! The IRS claimed they never received my mailed Form 1065 and I had no proof of mailing. Ended up paying over $800 in penalties. Certified mail with return receipt is absolutely worth the extra few dollars.
3 Another quick tip - make sure you're considering all your qualified education expenses before calculating the taxable scholarship amount. This includes required books and supplies, not just tuition. I made that mistake my first year and reported too much taxable scholarship income. H&R Block does have a section for this, but it's buried under the education credits section (even if you're not eligible for the credits themselves). Look for something like "Education" under the deductions menu, not just under income.
17 Wait, I thought only tuition and fees counted? Can you really include textbooks too? My books cost like $1200 last semester alone!
3 You can include books, supplies and equipment that were required for your courses - meaning they were specifically listed in your course syllabus or requirements. So yes, if those $1200 of textbooks were required for your courses, they can potentially count as qualified education expenses that offset scholarship income. However, things like optional study guides, general computer purchases (unless specifically required), or room and board don't count as qualified education expenses for this calculation. It's worth gathering all your syllabi that list required textbooks as documentation in case of any questions.
21 Quick question about the timing - I also graduated in December, but my school sent a 1098-T that only shows the spring semester. They said since the fall semester started in August 2024, that will be on next year's 1098-T. How do I handle reporting this when it's split across two tax years?
16 That's how my school did it too. You only report what's on this year's 1098-T form. Your school is using the "payment method" rather than the "billed method" for reporting. It's confusing but completely normal. Just report what's on your current 1098-T, and next year you'll report the fall semester amounts.
I went through the OIC process last year without using any service. Got accepted with a $5,200 settlement on $34K owed. Key things I learned: 1. The IRS looks at your FUTURE earning potential, not just current situation 2. Document EVERYTHING - every expense, every asset, every debt 3. Be realistic about what you can pay - they have standard calculations 4. Follow up regularly - things get lost in their system constantly The process took 9 months from submission to acceptance. The 5% figure is absolutely false. Official IRS stats show acceptance rates between 30-40%.
Thanks for sharing your experience! Do you think having the previous counter offer will help his case? Also, did you have to provide any special documentation that might not be obvious?
The previous counter offer is absolutely golden - it shows the IRS was already willing to settle. He should definitely include all documentation from that previous interaction and reference it prominently in his new submission. As for non-obvious documentation, medical bills were huge in my case. The IRS allows for necessary medical expenses, but most people don't document them thoroughly enough. Have him gather EVERY prescription, doctor visit, and medical expense for the past year. Also, if he has any unusual expenses that aren't on the standard IRS forms (like caring for an elderly parent, special education needs for children, etc.), he needs to document these with receipts and explanations. The IRS can be surprisingly reasonable about legitimate unusual expenses if they're properly documented.
Community Tax is overpriced for what they do. They'll charge thousands for what you can do yourself or with reasonably priced help. The 5% claim is definitely a scare tactic to justify their fees. I've worked with several clients who successfully submitted OICs. The biggest mistake people make is not properly documenting their financial situation or submitting incomplete paperwork. The IRS actually provides detailed guidelines on what they're looking for.
Daniel Washington
Just wondering - did you file a police report for the theft? I had a similar situation and my tax guy said having an official police report helps if you ever get audited over the crypto loss. Might be worth doing if you haven't already.
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Mia Roberts
ā¢I did file a police report actually! The officer wasn't super familiar with crypto theft but took all the details. I also reported it to the FBI's Internet Crime Complaint Center (IC3) online. Not sure if anything will come of it, but at least I have documentation that I reported it officially. Do you think I should include copies of these reports with my tax return? Or just keep them on hand in case of audit?
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Daniel Washington
ā¢I would definitely keep the police report and IC3 complaint with your tax records, but you don't necessarily need to include them with your filed return. Having those documents will be extremely helpful if you're ever questioned about the loss. My accountant also suggested writing a brief statement explaining the theft that you can attach to your return - just a simple explanation of what happened, when it happened, and that you filed reports. This shows you're being transparent and proactive.
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Aurora Lacasse
Has anyone used cryptocurrency tax software to handle this kind of situation? I tried CoinTracker but it doesn't seem to have a way to properly categorize theft or hacks.
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Anthony Young
ā¢I used Koinly for a similar situation. You can manually add a transaction and mark it as "lost" or "stolen" which helps with the reporting. You'll still need to double-check everything because the software isn't perfect with edge cases like theft.
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