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I'm confused about something - if you're a foreign investor, shouldn't you be filling out a W-8BEN rather than a W-9? W-9 is generally for US persons while W-8BEN is for foreign persons to claim treaty benefits and establish foreign status.
You're absolutely right! This is a common mistake that causes a lot of withholding problems. OP should be filling out a W-8BEN (or W-8BEN-E for entities) rather than a W-9 if they're truly a foreign investor. Using the wrong form is often what triggers these withholding issues in the first place.
This is a really important distinction that everyone should pay attention to! As a foreign investor, you should definitely be using Form W-8BEN, not W-9. The W-9 is specifically for U.S. persons (citizens, residents, etc.), while W-8BEN is designed for foreign individuals to establish their foreign status and claim any applicable tax treaty benefits. Using the wrong form is probably what triggered the backup withholding in the first place. When you submit a W-9 as a foreign person, the broker's system sees a mismatch between your foreign status and the domestic tax form, which automatically flags your account for withholding. I'd recommend calling your broker to clarify which form they actually need from you. If you're truly a foreign investor, switching to the correct W-8BEN form might not only stop the future withholding but could also reduce your overall tax burden if there's a tax treaty between your country and the U.S. This could save you a lot of headache (and money) going forward!
This is exactly what happened to me! I made the same mistake when I first started investing through a US broker - filled out a W-9 instead of W-8BEN because I didn't understand the difference. The backup withholding kicked in immediately and I was so confused why they were taking 24% of everything. Once I realized my error and submitted the correct W-8BEN form, not only did the withholding stop, but I was also able to claim treaty benefits that reduced my tax rate on dividends from 30% down to 15% (I'm from Canada). The difference in forms literally saved me thousands of dollars over the year. @ca96349f75f6 definitely call your broker ASAP and ask specifically about switching from W-9 to W-8BEN. They should be able to process the correct form much faster since it's fixing a documentation error rather than just updating information.
Friendly reminder that if you owe taxes for other years, the IRS will automatically apply any refund from 2020 to those outstanding balances. So if you're expecting a refund but have tax debt from other years, don't count on seeing that money.
Just want to echo what others have said about the May 17, 2024 deadline - you really need to act fast! Since you can't e-file 2020 returns anymore, make sure you're using the actual 2020 tax forms (not 2024 forms) which you can download from the IRS website under "Prior Year Products." One thing I haven't seen mentioned yet - if you had health insurance through the marketplace in 2020, make sure you have your 1095-A form to reconcile any advance premium tax credits. Missing this could delay your refund processing significantly. Also, double-check that you're mailing to the correct IRS processing center for your state. The address for paper returns is different from where you'd normally send correspondence, and using the wrong address could cause delays that might push you past the deadline. Good luck getting your refund!
This is really helpful advice! I'm in a similar situation and didn't realize about the marketplace insurance form. Quick question - if I can't find my 1095-A from 2020, is there a way to get a replacement copy from the IRS or the marketplace? I moved a couple times since then and I'm worried I might have lost some of my tax documents.
I've been through this exact situation! The 570 code is frustrating but very common, especially when you haven't filed in a while. Based on your transcript, you're looking at a $6,827 refund once the hold is lifted. Since you've been locked out for 5 years, the IRS is probably doing identity verification or reviewing your EIC claim (that $5,213 is substantial). Here's what helped me get through it faster: 1. Check your mail religiously - they may send verification requests 2. Keep refreshing your transcript every Friday for updates (look for 971 or 846 codes) 3. Double-check that your current address is on file with them The waiting game sucks, but most 570 holds resolve within 4-12 weeks. If you're facing financial hardship from the delay, definitely call the Taxpayer Advocate Service - they can sometimes push things along if you qualify. Hang in there! Once that hold lifts, your refund should process pretty quickly.
Thanks for sharing your experience! It's reassuring to hear from someone who actually went through this. The 4-12 week timeframe gives me a better sense of what to expect. I'm definitely going to start checking every Friday like you suggested. Quick question - when your hold was finally lifted, did you get any notification or did you just see the codes change on your transcript? I want to make sure I don't miss anything!
I went through something very similar last year! The 570 code held up my refund for about 6 weeks. In my case, they were reviewing my Earned Income Credit because I had a gap in filing (similar to your 5-year situation). What really helped me was being proactive rather than just waiting. I called every few days using different times of day - early morning (8 AM) seemed to have shorter wait times. When I finally got through, the agent was able to tell me exactly what they needed and walked me through the verification process right on the phone. Your refund amount looks substantial at $6,827, so it's definitely worth the effort to follow up. Don't just wait for mail - sometimes those notices get lost or delayed. The IRS agent I spoke with said they see this situation a lot with people who haven't filed recently, and it usually resolves once they can verify your identity and income. Keep checking that transcript every Friday for updates, and don't hesitate to be persistent with calling. The squeaky wheel really does get the grease with the IRS!
Be careful with using regular tax software like TurboTax for F1 students! Most mainstream tax prep services aren't designed for nonresident alien tax situations and might not ask the right questions to determine your correct filing status. I made this mistake my first year and had to amend my return, which was a huge headache. If the tax software isn't specifically asking about your visa status and entry date to the US, it's probably assuming you're a resident alien or citizen.
Just wanted to add my perspective as someone who went through this exact situation two years ago. The $2,300 swing you're seeing is unfortunately typical when comparing 1040 vs 1040NR for F1 students - I had a similar shock when I realized I'd been looking at the wrong form initially. A few additional points that might help: Make sure you're claiming any tax treaty benefits you're entitled to based on your home country. Many students miss this and end up paying more than they should. Also, keep in mind that your STEM OPT extension doesn't change your tax residency status - you're still considered a nonresident alien until you meet the substantial presence test (which as others mentioned, doesn't start counting your F1 time until after 5 years). For next year's planning, consider adjusting your W-4 withholdings if you're continuing on OPT. Since nonresident aliens can't take the standard deduction, you might want to have a bit more withheld to avoid owing a large amount again. Your HR department should be able to help with this adjustment.
This is really helpful advice, thank you! I had no idea about tax treaty benefits - I'm from Japan, so I should definitely look into what treaties exist between the US and Japan. Also, the point about adjusting W-4 withholdings for next year is something I hadn't considered at all. Since I'm likely to owe taxes again next year (assuming I stay on STEM OPT), having more withheld upfront makes a lot of sense to avoid another big tax bill. I'll definitely talk to HR about this once I get my current filing sorted out. Do you know if there are any good resources for understanding the US-Japan tax treaty provisions specifically? I want to make sure I'm not missing any benefits I'm entitled to claim.
Amina Toure
What mileage tracking app do you guys recommend? I'm terrible at remembering to log my trips.
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Oliver Zimmermann
ā¢I've been using MileIQ for the past 2 years and it's been a lifesaver. It automatically tracks your drives and you just swipe left for personal or right for business. Takes like 2 seconds per trip and it creates IRS-ready reports.
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Kaylee Cook
Just want to add another perspective here - I'm a tax preparer and see this situation all the time. The key thing that trips people up is understanding what constitutes a "principal place of business." The IRS looks at two main factors: (1) where you spend the most time conducting business activities, and (2) the relative importance of the activities performed at each location. Even if you spend more time at client sites doing the actual service work, if your home office is where you do the administrative and management activities that are essential to your business (scheduling, bookkeeping, client communications), that can still qualify as your principal place of business. StarSailor, based on what you've described - doing all your scheduling, client calls, and paperwork from a dedicated home office - you should be good to go for the mileage deduction. Just make sure you're consistent about using that spare bedroom exclusively for business and keep good records of both your mileage and your home office use. One more tip: consider also claiming the home office deduction itself! If you're using that spare bedroom exclusively for business, you can deduct either actual expenses (percentage of utilities, rent/mortgage interest, etc.) or use the simplified method ($5 per square foot up to 300 sq ft). Many people miss this additional deduction.
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