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Another option that nobody's mentioned yet: You can request a tax transcript from the IRS website for free. Go to IRS.gov and search for "Get Transcript Online" - if you can verify your identity, you can immediately download your tax transcripts which will show your AGI. If you can't verify online, you can request it by mail but that takes 5-10 business days. The transcript is an official record and has all the info you need! That's how I found mine.
Thanks for this suggestion! I tried the online transcript option but couldn't get through the identity verification (apparently my phone isn't registered in my name for some reason). I'll try requesting by mail, but I'm in a bit of a time crunch - do you know if there's any way to expedite that?
Unfortunately there's no way to expedite the mail transcript that I know of. The 5-10 business days is the standard timeframe. If you're in a time crunch, you might want to try one of the other suggestions like the Claimyr service to speak with an IRS agent directly, or see if you can find a copy of last year's return somewhere in your records or email. If you used tax software last year, definitely try logging into that account first - most services keep your returns available for several years. Even if you don't remember which service you used, try the major ones (TurboTax, H&R Block, TaxAct, etc.) with your email to see if you have an account.
I actually just went thru this last week! If u used turbo tax or hr block or any of those last year, just log in to ur account, they save all ur old returns. My AGI was on line 11 of the 1040 form. Super easy to find once i logged in!
Something similar happened to me in 2022. In my case, the IRS was counting EVERY transaction in my payment processor as income - including refunds I issued, transfers between accounts, and even money I was holding for my business partner. Call the Taxpayer Advocate Service at 877-777-4778. They're an independent organization within the IRS that can help with these kinds of issues. They assigned me a case advocate who sorted everything out within a month.
Thank you for this suggestion! I didn't even know the Taxpayer Advocate Service existed. Did you need to provide special documentation to them, or just explain your situation?
I had to provide pretty much everything - bank statements, my complete Venmo transaction history, my tax return, and the deficiency notice. The more documentation you have ready, the faster they can help. Make sure to explain that this is causing you significant financial hardship (which I'm guessing it is, given the amount). That helps them prioritize your case. They're understaffed but they really do try to help if they can see clear evidence that the IRS made a mistake.
Update us on what happens! I've been dealing with a similar issue for 8 months now and still haven't gotten it fully resolved. Make sure to keep detailed notes on every conversation, including the ID number of every IRS employee you talk to.
Just FYI, the SECURE 2.0 Act is changing the rules about 529-to-Roth IRA rollovers starting in 2024. You'll be able to roll over up to $35,000 lifetime from a 529 to a Roth IRA, but there are strict conditions: - The 529 must have been open for at least 15 years - The rollover can't exceed the annual IRA contribution limit - You still need earned income equal to the contribution - The funds must have been in the 529 for at least 5 years This might not help with your current situation, but could be useful in the future!
Thanks for this info! Does this mean my dad's distribution might actually be okay under the new rules? Or would we need to wait until 2024 to do this legally? The 529 has definitely been open for more than 15 years.
The new rules don't take effect until 2024, so unfortunately they don't apply to your current situation. For your 2023 taxes, the old rules still apply - meaning the 529 distribution is potentially subject to taxes and penalties if not used for qualified education expenses. If the 529 has been open for 15+ years, you could potentially do a proper rollover next year (2024) following the new rules. But for now, you'd need to handle the current distribution under existing regulations.
I made a similar mistake last year with my daughter's 529. What we should have done: 1) Use the 529 for qualified education expenses (tuition, books, etc.) 2) Then separately contribute to the Roth IRA from regular funds Instead, we did what your dad did and created a tax headache. We ended up having to pay taxes on the earnings portion of the 529 distribution plus a 10% penalty. And then we had to make sure my daughter had enough earned income to justify the Roth contribution.
3 Here's what I did when hiring our nanny: I calculated what her take-home pay would be after the 7.65% FICA withholding, then worked backward to set a gross pay rate that would give her the net amount she wanted. For example, if she wanted $20/hour take-home, I set her official rate at $21.65/hour so that after the 7.65% withholding she'd get her $20. This approach satisfied everyone - she got the amount she wanted in her pocket, and we handled the taxes legally. Just make sure you're clear in your employment agreement about the official gross rate vs. the expected net pay.
1 That's actually a really clever solution! Did you also factor in income tax withholding or just the FICA portion? I'm trying to figure out if I should also be withholding income tax or if that's optional.
3 For income tax withholding, that's actually optional for household employees - unlike FICA which is mandatory. I gave our nanny the choice, and she preferred to handle her income taxes herself through quarterly estimated payments. If your nanny wants income tax withheld too, you'd need to have her complete a W-4 form and then calculate the additional withholding amount based on the IRS withholding tables. It adds more complexity, but some employees prefer it so they don't face a big tax bill when filing.
19 Don't forget about state-level requirements too! Depending on where you live, you might also need to withhold for state unemployment insurance. In my state, I had to register as a household employer with both the IRS (for federal taxes) AND with the state workforce agency. The whole nanny tax thing is honestly a paperwork nightmare. I eventually broke down and hired a nanny payroll service that handles all the withholding, tax payments, and filings for about $50/month. Totally worth it to avoid the headache and potential mistakes.
Myles Regis
Just to add some clarity about Form 8840 specifically - it's ONLY needed if: 1) You meet the substantial presence test (which you don't with only 138 days) 2) You want to claim you have a closer connection to another country Since you don't meet the substantial presence test, you're already considered a nonresident alien for tax purposes. The green card lottery application doesn't change that status - it's just expressing interest, not actually changing your current status. File your 1040NR and don't worry about Form 8840. You do, however, need to file Form 8843 if you're on a J visa - that's different from 8840 and is required for all J visa holders regardless of day count.
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Brian Downey
ā¢Wait what's the difference between 8840 and 8843? I've been filing wrong for years maybe??
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Myles Regis
ā¢Form 8843 is for J visa holders, students, and certain other nonimmigrant statuses to explain your presence in the US. It's required for everyone on those visas regardless of how many days you were in the US. Form 8840 is only for people who would otherwise meet the substantial presence test (183+ days using the formula) but want to claim they have a closer connection to a foreign country and should still be treated as nonresidents. They're often confused because of the similar numbers, but they serve different purposes. If you're on a J visa, you definitely need to file 8843, but you only need 8840 if you meet that substantial presence test and want to claim the closer connection exception.
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Jacinda Yu
I went through exactly this last year - J1 visa, applied for green card lottery, and OLT confused me with that same question! Pro tip: OLT isn't great for nonresident returns. Their system kept trying to make me file resident forms. I ended up using Sprintax which is specifically designed for nonresident aliens. A bit more expensive but way less confusing and they file state returns too.
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Salim Nasir
ā¢Thanks for sharing your experience! Did Sprintax handle direct deposit of refunds well? That's important to me since I'll be leaving the US soon and want to make sure I get my refund.
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