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Ask the community...

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Hey man, when did you actually get married? Like what exact date in December? Because there's a rule about being married on Dec 31st determining your whole year status. If you got married Dec 30th versus Dec 2nd, it's the same for tax purposes.

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We got married on December 18th. So based on what others have said, I guess that means I'm considered married for the entire 2024 tax year since we were married on December 31st? Even if she's still in the Philippines?

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Yep, December 18th means you're definitely considered married for the entire 2024 tax year. The IRS only cares about your status on December 31st - whether you were married for 11 months or 2 weeks doesn't matter for determining filing status. And yes, this applies even though your wife is still in the Philippines. Her physical location doesn't change your marital status for tax purposes. The more important question will be whether she's a US resident for tax purposes (probably not yet) and whether she has a SSN or ITIN for filing.

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KhalilStar

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Has anyone gone through the process of getting an ITIN for their foreign spouse? I'm in a similar situation (married in Colombia in November) and have no idea how to start that process. Does the spouse need to be physically present in the US to apply?

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You don't need your spouse to be physically present in the US to get an ITIN. When I got one for my wife (from Vietnam), I submitted Form W-7 along with our tax return and certified copies of her passport. You can also use a Certified Acceptance Agent who can verify the documents without sending originals. The whole process took about 8 weeks for us.

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I work at a university tax assistance program for international students, and we see this 1042-S issue frequently. Here's my advice: if your income is small (which $28 seems to be), the simplest approach might be to just report it as taxable income even if it potentially could be exempt under a treaty. For such small amounts, the tax impact is minimal, and it avoids potential back-and-forth with both the broker and the IRS. However, if you expect larger investment income in the future, it's worth getting the classification corrected for those future forms. Also, check if your university has a free tax assistance program for international students - many do, and they're specifically trained on these exact issues!

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Would reporting it as taxable when it could be exempt cause any issues with visa status or future immigration applications? I've always heard we should be very careful about tax compliance with student visas.

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Reporting potentially exempt income as taxable generally won't cause any immigration issues. Immigration authorities are primarily concerned with tax compliance (that you filed when required), not whether you paid slightly more tax than necessary. In fact, it's often considered safer from an immigration perspective to pay tax when in doubt rather than claiming exemptions incorrectly. The risk would be in the other direction - claiming exemptions you're not entitled to could potentially be viewed as tax avoidance. So if you're uncertain and the amounts are small, paying the tax is usually the safest approach.

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Kaylee Cook

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I'm confused about something related to this... I'm also on F-1 and received some 1042-S forms. Do we need to file both Form 8843 AND Form 1040-NR for these? Or just the 1040-NR? My university tax workshop wasn't clear on this part.

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Ella Russell

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You need to file both forms. Form 8843 is required for all F-1 students to document your presence in the US and your exempt status, even if you have no income. Form 1040-NR is the actual tax return you file to report income and calculate any tax owed. So in your case with 1042-S income, you'd file both the 8843 and the 1040-NR. They serve different purposes but are both part of your complete tax filing as an F-1 student.

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Received Form 1099-R with Distribution Code R for IRA Conversion - Do I Need to Amend My 2022 Return?

So I've got a bit of a tax situation here. Back in 2022, I contributed to both a Traditional and Roth IRA. Then in 2023, I decided to simplify things by consolidating everything into a single Roth IRA. After this whole process, I received 3 different 1099-R forms related to this conversion/rollover/recharacterization thing. Now I'm confused because when I'm doing my taxes with FreeTaxUSA, I got this screen saying a 1099-R with Distribution Code R is "uncommon" and that I need to amend my 2022 tax return because part of what I recharacterized to Roth in 2023 was from traditional contributions made in 2022. The help screen on FreeTaxUSA literally says "if you have a 2023 Form 1099-R with distribution code R you would report it on your 2022 tax return." I already reported this form on my 2023 return (just filed yesterday) and FreeTaxUSA said "you can enter it, but it will not change your IRA deduction for the year." So I went back to my 2022 FreeTaxUSA account to try adding the 1099-R form and making the corresponding changes on the IRA recharacterization screen under 'Common Deductions and Credits.' But here's the weird thing - it doesn't change my taxes owed or refund amount at all! My federal tax summary stays exactly the same. My California state tax summary doesn't change either. I double-checked and the forms I entered do show up in the software. The 2023 1099-R with distribution code R shows $0.00 in line 2a (Taxable amount), which I'm taking to mean no taxes are due. So do I really need to go through the hassle of filing a 2022 amendment? I already reported this form on my 2023 return, so the IRS has all the same info. I'm concerned that filing the same form for two different tax years might create confusion, especially when filing an amendment that results in zero change to my tax liability. What should I do? Thanks in advance for any advice!

Ethan Brown

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Have you checked if you're eligible for the free IRS amendment e-file? I recently had to amend my 2022 return for an IRA recharacterization too, and I was able to e-file the amendment through FreeTaxUSA instead of mailing in a paper form. Saved a ton of hassle. If your 2022 return is still showing the IRA contributions as Traditional when they should now be considered Roth, I'd recommend filing the amendment just to avoid future headaches. The IRS matching systems look for consistency between what financial institutions report and what shows on your returns.

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Thanks for that tip! I didn't realize you could e-file amendments now. That would definitely make it easier if I need to go that route. Do you know if there's a deadline for filing an amendment when there's no change in tax liability? I'm wondering if this is something I need to rush to do or if I can take my time with it.

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Ethan Brown

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Yes, you generally have 3 years from the original filing deadline to submit an amendment. So for 2022 taxes, you'd have until April 15, 2026 to file an amendment. Since there's no change in tax liability, it's not super urgent, but I'd still recommend doing it sooner rather than later just to have everything squared away. The e-filing process for amendments is pretty straightforward in FreeTaxUSA - much easier than the old paper process. Just make sure you include a clear explanation in the amendment reason section that this is for an IRA recharacterization with Distribution Code R and that there's no change to your tax liability.

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I'm curious if anyone knows... does FreeTaxUSA handle the recharacterization correctly for the 2023 return? I'm about to file both 2022 and 2023 returns and have a similar situation with Distribution Code R on my 1099-R.

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Carmen Ruiz

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In my experience, FreeTaxUSA does handle it correctly for 2023, but doesn't make it obvious what you need to do about 2022. When you enter the 1099-R with Code R in your 2023 return, the software should correctly show it as a non-taxable event for 2023. But you still need to go back and amend 2022 to properly categorize which type of IRA your contribution went to. The software won't prompt you clearly enough about this dual-year impact. I had to call FreeTaxUSA support to confirm this was the right approach.

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One thing nobody's mentioned yet - you should also check your Social Security earnings record at ssa.gov to make sure whoever is using your SSN isn't also reporting fake W-2 income under your number. This happened to my brother - started with a fraudulent 1099 but then we discovered the same person had been working under his SSN for nearly a year.

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Diez Ellis

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I hadn't even thought about checking with Social Security! Just created an account and looked at my earnings record. Thankfully nothing suspicious there yet - just my legitimate employer. Is there anything I should do with SSA proactively or just monitor it?

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Just monitoring regularly is good since you don't see anything suspicious yet. If you do notice unexpected earnings in the future, you'll need to contact your local Social Security office and file a dispute. Since you haven't seen suspicious earnings yet, you're ahead of the game. My brother didn't catch his issue until tax time when his W-2 and SSA records didn't match. It was a nightmare to untangle, so checking early like you did is definitely the right approach!

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Has anyone successfully gotten the IRS to issue a determination letter after resolving a fraudulent 1099 situation? I went through this last year and even though everything got resolved, I'm worried about potential audits in the future if they think I'm not reporting income.

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TommyKapitz

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Yes! Make sure to specifically request a "Letter 5071C" after you submit all your documentation. This is the IRS identity theft verification letter that confirms your case has been resolved. I keep copies of mine with my tax records just in case.

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CyberNinja

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One resource I found really helpful was the Bogleheads wiki and forum - they have a dedicated section on tax-efficient investing for US citizens with foreign stocks. Their wiki page on foreign tax credit has clear explanations of the concepts that even a beginner can understand. Another good option is the "Nonresident Alien with a US Financial Life" blog by a tax attorney. Despite the name, it covers US citizens investing abroad extensively. Much more readable than IRS publications!

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Omar Hassan

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Thanks for these suggestions! Does the Bogleheads wiki cover the differences between holding foreign stocks directly vs through ADRs? That's the part I'm most confused about.

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CyberNinja

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Yes, the Bogleheads wiki has a specific section comparing direct foreign shares vs ADRs from a tax perspective. They break down the pros and cons of each approach and even have country-specific guidance for major markets like UK, Japan, and Germany. They also have a great explanation of foreign tax "reclaim" procedures for when you're taxed at a higher rate than the treaty allows, which is common with direct foreign shares in some European countries.

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Mateo Lopez

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I recommend "U.S. Taxation of Foreign Portfolio Investment" by York Hamovitz. It's more technical but covers everything you need to know about ADRs, ordinary shares, and mutual funds with foreign securities. I also think you should look at your broker's resources. Fidelity and Schwab both have decent guides on international tax considerations that explain the basics of withholding and credits.

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I found Schwab's international tax guide super misleading though. It claimed I wouldn't need to file Form 1116 for any of their international funds, but then I got hit with excess foreign taxes that required the form. Better to rely on independent sources.

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