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Don't forget you might need to file state tax returns too, even if your federal income is exempt under a treaty! I learned this the hard way. The federal treaties don't automatically apply to state taxes - each state has different rules. I'm in California and had to pay state tax on my scholarship even though it was exempt federally. Check your state's rules before assuming you're completely tax-free!
I think this depends on the state though? I'm in Texas and we don't have state income tax, so I only needed to file the federal 1040NR. Are there any states that honor the federal treaty exemptions?
You're absolutely right that it varies by state. Texas is lucky with no state income tax! States like California and New York generally don't fully honor federal treaty exemptions, so you often have to pay state tax even on treaty-exempt income. Some states like Pennsylvania and Virginia do honor many federal treaty provisions, but it's very state-specific. A good rule of thumb is that if your state has income tax, you should research whether they honor your specific treaty benefit or file a return anyway to be safe.
Quick question - does the 1042-S/1040NR filing affect your ability to use tax preparation software? I tried using FreeTaxUSA last year and it couldn't handle my situation at all.
Most of the mainstream tax software isn't great with international situations. I had decent luck with Sprintax which is specifically designed for nonresident tax returns, but it's not free.
OLT.com actually has a decent nonresident version that handled my 1042-S and treaty benefits correctly. It's cheaper than Sprintax but still costs about $40-50 for federal filing.
One option nobody's mentioned is free tax filing through the IRS Free File program. If your income is under $73,000, you can use brand-name tax software for free through IRS.gov. Even if you make more than that, you can use Free File Fillable Forms. I've used this for years with investment income (1099s) and it works great. You could file the extension now for free AND possibly do your full return for free when you get back.
Really? I thought Free File was only for super simple returns. Can it handle things like stock sales and early retirement distributions? I'm not confident in doing all those calculations myself.
Free File through partner companies (like TurboTax, H&R Block, etc.) can absolutely handle stock sales and retirement distributions if you qualify by income. The software is the same as their paid versions, just offered free through the IRS partnership. If you use Free File Fillable Forms (the direct IRS option), it's basically just electronic versions of paper forms with basic calculations. That option requires more tax knowledge since you need to know which forms to fill out, but it's still free and available to everyone regardless of income. For your situation, I'd recommend using one of the Free File partner software options to file your extension now. Then when you return, you can use the same service to complete your full return with all your investment documents. Much better than paying hundreds to a storefront preparer!
I work seasonally on fishing boats in Alaska and deal with this every year. My advice: DEFINITELY file the extension. I made the mistake of not filing once and the failure-to-file penalty was brutal compared to just the failure-to-pay. When you get back from your contract and have cash, call the IRS and set up a payment plan if needed. They're actually pretty reasonable to work with if you're proactive and honest about your situation.
I second this. The IRS is much more accommodating than people expect when you're upfront about your situation. I've been on payment plans twice and it was simple to set up. The interest rates are usually better than credit cards too.
Former rideshare driver here. The key distinction for the mileage deduction is whether you're "on the clock" or not. Here's how I handled it after consulting with my accountant: 1. Commuting to your "work area" with app OFF: NOT deductible 2. Driving to work area with app ON and available: Deductible 3. Driving between rides with app ON: Deductible 4. Driving home with app OFF after last ride: NOT deductible 5. Driving home with app still ON and available: Deductible I kept a detailed log showing when my app was on vs. off, and my accountant said this approach was perfectly acceptable for tax purposes. Just don't try to claim regular commuting miles when you're not actually available for work.
Does this apply to other gig work too? I do Instacart and sometimes drive to a busier area to get better batches. Can I deduct that drive if I have the app open and am willing to accept orders?
Yes, the same concept applies to other gig work like Instacart. If you have your app open and are available to accept orders during your drive to a busier area, those miles would generally be considered business miles and therefore deductible. The critical factor is that you must be actively working (app on, available) during that time. If you're just driving to an area with your app off, and then turning it on once you arrive, that would be considered non-deductible commuting. Record keeping is essential - note when your app is active and you're available to work.
Dont 4get to deduct part of ur phone bill and data plan too! When i filed my taxes for uber last year i deducted 80% of my phone costs cuz thats bout how much i use it for the app. also car washes, hand sanitizer, water/snacks for customers if u provide those. lots of little things add up!!
I'm always worried about claiming too many deductions and getting audited. Are you sure all those things are legit deductions? Especially the phone bill part?
Don't overthink this! I was in your exact situation (4 years unfiled) and just bit the bullet and used a CPA. Cost me $350 per year but was TOTALLY worth it. Found out I was due nearly $6800 in refunds across all years. The peace of mind knowing a professional handled everything correctly was priceless. Plus they can e-file the most recent 2 years which means faster refunds. Just make sure you find someone BEFORE the April deadline or they'll all be too busy with current year returns.
Did you have any issues with penalties even though you were owed refunds? And how long did the whole process take from when you first contacted the CPA to getting everything resolved?
No penalties at all since I was due refunds! That's the good news about being owed money - the IRS doesn't penalize you for filing late when they owe YOU. They only charge penalties and interest when YOU owe THEM. The process took about 3 weeks total. First meeting was dropping off all my documents (W-2s, 1099s, etc.). About 10 days later they had all the returns prepared for me to review and sign. Filed electronically for the two most recent years, paper filed the older ones. Got my electronic refunds about 3 weeks after filing, and the paper filed ones took about 4 months. The whole thing was way less painful than the years I spent worrying about it!
Just an FYI - if you're using someone to help file back taxes, be careful about those "tax resolution" places with the big ads on radio/TV. I got quoted $3500 for basically the same service a local CPA did for $800. Those national chains are ripoffs for simple unfiled return situations like yours.
This is so true! Those places prey on fear with their scary commercials about IRS collections. A regular tax preparer or CPA is totally sufficient for unfiled returns when you have all your documents.
Luca Ferrari
One thing nobody's mentioned yet - since you're becoming a 1099, you'll need to make estimated quarterly tax payments. This was the biggest shock to me when I switched to contracting. You'll need to pay taxes four times a year (Apr 15, Jun 15, Sep 15, Jan 15) instead of having them withheld from each paycheck. If you don't, you could face underpayment penalties. Given your income level, you should definitely look into an S-Corp election once you've been doing this for a while. At $105k, you could potentially save thousands by taking part of your income as distributions instead of all as self-employment income.
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Nia Davis
ā¢Can you explain more about the S-Corp thing? I'm in a similar situation to OP and keep hearing about S-Corps but don't really understand the benefit.
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Luca Ferrari
ā¢Sure! With an S-Corp, you pay yourself a "reasonable salary" that's subject to self-employment tax (the 15.3% for Social Security and Medicare). Then you can take the rest of your profit as distributions, which aren't subject to self-employment tax. For example, if your business makes $105k, you might pay yourself a salary of $65k (which would be subject to self-employment tax) and take $40k as distributions (which would only be subject to income tax, not self-employment tax). This could save you about $6,120 in self-employment taxes (15.3% of $40k). The key is that your salary must be "reasonable" for your industry and role - you can't just pay yourself $20k and take $85k as distributions. There are also additional costs like increased accounting fees and payroll processing. Generally makes sense once you're earning over $80-100k consistently.
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Mateo Martinez
Don't overlook the QBI deduction (Qualified Business Income) - as a 1099 contractor you can deduct up to 20% of your qualified business income! This is HUGE and many people miss it. So if your net business income after expenses is $98,000, you might be able to deduct another $19,600 from your taxable income. This is on top of your solo 401(k) contributions and business expenses. The solo 401(k) is definitely your best bet though - the ability to contribute both as employer and employee is a game changer.
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QuantumQueen
ā¢But doesn't the QBI deduction phase out at higher income levels? Im not sure OP would qualify with $105k income.
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