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One important thing nobody's mentioned yet - make sure you're also claiming Foreign Tax Credit (Form 1116) on your US taxes for any Japanese tax you've already paid! Even after you get the Form 6166 certificate and reduce future withholding, you should get credit for past payments. Also check if your specific work falls under "independent personal services" in Article 14 of the treaty rather than business profits in Article 7. The distinction can matter depending on how long you physically worked in Japan (if at all) and how your business is structured.
Thanks for mentioning the Foreign Tax Credit! I actually haven't been claiming that - do you know if I can amend previous years' returns to claim it? I've been paying both full US taxes AND the Japanese withholding for about 3 years now.
Yes, you absolutely can amend your previous returns to claim the Foreign Tax Credit! You generally have 3 years from the original filing deadline to file an amended return (Form 1040-X) along with Form 1116 for the Foreign Tax Credit. For each of those past 3 years, you'll need documentation showing the Japanese taxes withheld. The credit can significantly reduce your US tax liability since it's a dollar-for-dollar reduction (not just a deduction). Many people in your situation end up getting substantial refunds. Just be aware that the Form 1116 is somewhat complex, so using tax software or a professional familiar with international taxation might be helpful for the amendments.
Quick note about timing - if you're planning to apply for Form 8802, do it WELL before you need it. I applied in January thinking I'd get the certificate by March at the latest. It's now June and I'm still waiting! The IRS is seriously backlogged with these. If you need it urgently, include a cover letter explaining the financial impact and potential loss, and mark the envelope as "URGENT" though there's no guarantee that helps.
You might want to try contacting the Taxpayer Advocate Service if you've been waiting that long. They can sometimes help with unreasonable delays. Worth a shot at least!
Something else to check - make sure your bank account info was entered correctly when you filed. My sister had a delay because she transposed two digits in her account number. The IRS tried to deposit the refund, it bounced back, and then they had to mail her a paper check which took another 3-4 weeks. Double check that your direct deposit info was entered correctly!
I just double-checked all my banking info and everything looks correct. My boss was super careful when entering everything. Is there any way to confirm with the IRS that they have the right account number on file?
Unfortunately, you can't verify the exact account details the IRS has on file through the Where's My Refund tool. The best way to confirm would be to speak with an IRS representative directly, which goes back to the challenge of reaching someone. If your return was e-filed through H&R Block, you could also contact them to verify what banking information was submitted with your return. They should have records of exactly what was sent to the IRS.
One thing nobody mentioned - if you file with EITC and a dependent, the IRS sometimes requires additional documentation. Check your mail regularly! They might have sent you a letter requesting more info to verify your eligibility. It happened to me last year and my refund was on hold until I responded.
Another important thing to know: if you did a direct rollover (where the money went straight from one institution to another), you won't owe any taxes on that money. If you did an indirect rollover (where you received a check), make sure you deposited it within 60 days or you could face taxes and penalties. The 5498 form is basically just documentation of the rollover transaction - Box 2 shows your rollover contributions. You don't need to enter this info on your tax return if it was a direct rollover. If you get confused when using tax software, there's usually a section specifically about rollovers where you can indicate this was a rollover, not a contribution.
Thank you - that's helpful! It was definitely a direct rollover, so I never actually touched the money. I was mainly confused because TurboTax kept asking me about IRA contributions and I wasn't sure if the rollover counted as one. Sounds like I don't need to enter anything about the rollover when filing?
You're welcome! Since it was a direct rollover, you generally don't need to report it on your tax return at all. Most tax software will ask if you made any "contributions" to an IRA, but a rollover isn't considered a contribution in the tax sense. The only exception would be if your 1099-R (which you should have received from Principal showing the distribution) has a distribution code that doesn't clearly indicate it was a rollover. In that case, you might need to clarify in your tax software that it was indeed a qualified rollover. But in most direct rollover cases, everything is properly coded and you don't need to take any action.
Quick note - make sure you're checking your 1099-R forms too, not just the 5498s. The 1099-R shows the distribution from your old 401k, while the 5498 shows the receipt into your new IRA. Both forms should have codes indicating this was a rollover (usually code G on the 1099-R). If everything was done correctly, the taxable amount on your 1099-R should be zero. Double check that to make sure you don't accidentally pay taxes on money that should remain tax-deferred!
Don't forget that if you're a sole proprietor filing Schedule C, you'll need to use Form 2106 for your mileage deduction. I learned the hard way last year that just putting the number on Schedule C isn't enough - you need the supporting documentation and form.
I thought Form 2106 was eliminated for most taxpayers after the Tax Cuts and Jobs Act? My tax software didn't prompt me for it last year when I entered my business mileage.
You're right, and I misspoke! Form 2106 is now only used by armed forces reservists, qualified performing artists, fee-basis state or local government officials, and employees with impairment-related work expenses. For self-employed individuals (like freelancers), you'll report the mileage deduction directly on Schedule C, Part II as a car/truck expense. You don't need the separate form, but you still need to maintain detailed records as described above. Thanks for the correction - this is why tax forums are so helpful!
Has anyone used MileIQ app for tracking? I've been using it for about 6 months and it automatically tracks my drives and lets me swipe left for personal or right for business. Wondering if the logs it generates are sufficient for tax purposes?
Keisha Brown
Another possibility with 1040NR documentation requests - check if you properly documented your tax treaty benefits if you claimed any. I've seen this happen to several international students and researchers who claimed treaty benefits but didn't include Form 8833 (Treaty-Based Return Position Disclosure). The IRS notice might not specifically mention Form 8833, but if you claimed treaty benefits on your 1040NR and didn't file the supporting form, that could be what they're asking for. It's one of those things the IRS assumes you know you need to include.
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StormChaser
ā¢Thank you for mentioning that! I did claim treaty benefits under Article 20 for my country, but I didn't submit a Form 8833 because I thought it wasn't required for standard treaty exemptions. Is that form always required even for common treaty positions?
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Keisha Brown
ā¢Form 8833 has some exceptions for common treaty positions, but the rules are quite specific. For students and teachers claiming benefits under Articles like 20, you often don't need Form 8833 for the standard exemptions. However, if your situation has any unusual aspects or if you're claiming benefits that reduce your tax by more than $10,000, then Form 8833 is required. If you're unsure, it doesn't hurt to complete and send Form 8833 even if it wasn't strictly required. The IRS would rather have more documentation than less. Include a copy of your relevant treaty article and explain your position clearly to avoid further delays.
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Paolo Esposito
Did you include ALL your supporting documents with your original filing? I've filed 1040NR for 6 years now and I've learned you need to attach EVERYTHING: - Copies of ALL W-2s - ALL 1042-S forms - Form 8233 if you claimed exempt income - 1099s if you had any - Statement explaining treaty positions - Copy of your visa/status documentation The IRS is super picky with nonresident returns and if anything is missing, they'll hold your refund. What tax software did you use? Some don't properly tell you what attachments are needed for 1040NR.
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Amina Toure
ā¢Sprintax is the best for 1040NR btw... most regular tax software doesn't handle international situations well. I tried using TurboTax my first year and it was a disaster. Switched to Sprintax and haven't had issues since.
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