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Ask the community...

  • DO post questions about your issues.
  • DO answer questions and support each other.
  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Madison King

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One important point no one has mentioned yet is the "saving clause" in most US tax treaties. This clause basically preserves the US right to tax its citizens and residents as if the treaty didn't exist in many cases. Because of this, US citizens often can't use many treaty benefits that would reduce US tax. There are exceptions to the saving clause, but they're specific and limited. This is why the US might still fully tax your income according to US rules regardless of how the foreign country treats it. Check Article 1 of your specific treaty to see the saving clause and its exceptions. This could completely change your tax situation.

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Lucy Taylor

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This is really helpful - I had no idea about the saving clause. Does this mean most treaty benefits don't even apply to US citizens? Are there any common exceptions that might help in a situation with income classification differences?

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Madison King

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Most treaty benefits that would reduce US tax don't apply to US citizens because of the saving clause. You're right to be concerned. The common exceptions that might still help you typically include foreign social security benefits, certain pension income, students/teachers/researchers on temporary assignment, and diplomatic personnel. A few treaties have more generous exceptions. Unfortunately, general income classification differences usually aren't excepted from the saving clause, which means the US will likely tax the income according to US rules regardless of the treaty.

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Julian Paolo

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I'm shocked nobody mentioned Form 8833 (Treaty-Based Return Position Disclosure). If you're taking any position on your US tax return based on a treaty that differs from how the income would normally be treated under US tax law, you MUST file this form. Failing to file Form 8833 when required can result in a $1,000 penalty ($10,000 for corporations). This is especially important if you're claiming that a treaty overrides how the US would normally classify your income.

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Ella Knight

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But aren't there exceptions to having to file Form 8833? I thought there were some common treaty positions where disclosure wasn't required? The instructions seem to list quite a few exceptions.

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Another option for avoiding the pro rata rule that nobody mentioned yet is if you're self-employed, you can open a solo 401k and roll your traditional IRA funds into that. That's what I did last year when I was in a similar situation. The key is getting your traditional IRA balance to zero (or as close as possible) by December 31st of the year you do the conversion. Money market or invested doesn't matter at all - it's all about the total balance.

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Do you know if this works if self-employment is just a side gig? I drive for Uber on weekends but have a regular W-2 job. Would I qualify for a solo 401k to do this rollover strategy?

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Yes, this absolutely works with side gig self-employment! I was in exactly your situation - full-time W-2 job but also doing photography on the side with 1099 income. You can open a solo 401k with your self-employment income even if it's not your main job. There's no minimum income requirement to open a solo 401k, though you can only contribute based on your actual self-employment earnings. But for rollover purposes, you can roll in much larger amounts from your traditional IRAs regardless of how much you earn from your side gig. Just make sure you set up the solo 401k before the end of the calendar year.

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Javier Cruz

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I made a huge mistake with the pro rata rule last year and got hit with a totally unexpected tax bill. Had about $42k in a traditional IRA, did a $6k backdoor Roth conversion thinking I'd only pay taxes on the $6k, but ended up having to pay taxes on almost all of it because of pro rata. My accountant was furious that I did the conversion without consulting him first lol. Said I should have rolled the traditional IRA into my 401k first.

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Emma Wilson

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I've heard horror stories like this! How much extra did you end up owing in taxes because of the mistake?

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Omar Zaki

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3 Another trick I learned from my accountant: if you filed your previous year's taxes on paper instead of electronically, you'll need to enter $0 for your prior year AGI when e-filing your current return, regardless of when you filed. Could that be your issue?

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Omar Zaki

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16 Does this $0 AGI trick also apply if you didn't file taxes at all the previous year? I wasn't required to file in 2023 but now need to file for 2024.

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Omar Zaki

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3 Yes, that's exactly right! If you weren't required to file in 2023 and didn't file, you would use $0 as your prior-year AGI when filing your 2024 return electronically. The $0 AGI entry works in several scenarios: when you filed previous year returns on paper, when you didn't file the previous year at all, or when you recently filed the previous year's return and it hasn't fully processed in the IRS system yet.

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Omar Zaki

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22 Has anyone had issues with Tax Act specifically? I've been using it for years but this filing season it seems really buggy with the AGI verification step. Wondering if switching to another software might help.

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Omar Zaki

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9 I switched from Tax Act to FreeTaxUSA this year and found it much more user-friendly, especially with handling prior year AGI issues. They have a specific section that explains what to do if you filed previous years' returns recently.

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Sofia Perez

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Anyone have recommendations for the big tax chains vs independent CPAs? Is H&R Block or similar good enough for someone with brokerage accounts and a child, or should I be looking for a smaller independent firm?

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AVOID THE CHAINS! I worked at one of the big ones for two tax seasons. The training is minimal and they push quantity over quality. Most of the preparers there could handle basic W-2 returns but would be completely lost with brokerage statements or anything remotely complex. For your situation with multiple accounts and a new dependent, you definitely want either an independent EA or CPA. The price difference isn't huge but the expertise gap is massive. The chains often use software that's basically the same as consumer tax software, just with a person inputting the data instead of you.

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Sofia Perez

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Thanks for the inside info! That's exactly what I was worried about. I'll start looking for independent pros instead of going to one of the big chains. Been seeing their commercials everywhere so was tempted by the convenience, but sounds like it's worth finding someone with more expertise.

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Congrats on the new baby! Don't forget to look into the Child Tax Credit and dependent care FSA if you have childcare expenses. Those two things alone can be worth thousands in tax savings. I'd recommend starting with your network - ask friends, especially those with similar financial situations (investments, kids, etc). Personal referrals tend to yield better results than random Google searches. If you own a home, your realtor might also have good tax pro recommendations. And don't wait any longer - most good tax pros are finishing up their client roster for this season by end of January. Good luck!

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GalacticGuru

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I'm a bit confused about something related to this. My wife and I both switched insurance mid-year too, but we also moved to a different state. Does that complicate things? Are health insurance reporting requirements different by state for federal taxes?

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Carmen Lopez

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Moving to a different state doesn't change how you report health insurance on your federal taxes. The requirement for qualifying health coverage is federal, not state-specific. The only potential complication would be if you moved to or from a state that has its own individual mandate (like California, Massachusetts, New Jersey, Rhode Island, or DC). Those states might require additional reporting on your state tax return, but it doesn't affect your federal return. As long as you maintained continuous coverage during your move, you're all set for federal tax purposes.

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I'm in the exact opposite situation - dropping my wife's insurance to go on my new employer's plan. Will this be a problem if we file jointly? Does she need to report that I'm no longer on her plan somehow?

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You don't need to worry! When you file jointly, you're just verifying that everyone in your household had coverage. Your wife doesn't need to report you dropping off her plan. The 1095 forms you each receive will show the coverage periods for each person, and as long as you both had continuous coverage (even if through different plans at different times), you're good to go!

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