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One thing nobody's mentioned yet - get those returns filed ASAP because if the IRS files a Substitute for Return (SFR) for you, they'll only use standard deductions and won't include any credits you might be eligible for. They basically give you the worst possible tax situation. I learned this the hard way when they did an SFR for my 2019 taxes. They said I owed $11,400 when I actually only owed about $4,200 when I finally filed properly with all my legitimate deductions and credits.
Thanks for bringing this up - I had no idea they could just file a return for me! Do you know how long it typically takes before they do that? I'm trying to get all my paperwork together and I'm hoping I haven't hit that point yet.
It varies, but they typically start the SFR process 1-3 years after the return was due. Since your 2021 return would have been due in April 2022, they might be preparing an SFR soon if they haven't already. You can find out by requesting an account transcript from the IRS website. If you see a code 150 with "Substitute for Return" next to it, that means they've already filed one for you. But even if they have, you can still file your own return which will replace their SFR and potentially reduce what you owe significantly.
Has anyone used one of those tax relief companies that advertise on the radio? They claim they can settle with the IRS for "pennies on the dollar"... wondering if that's legitimate for situations like this.
Be very careful with those tax relief companies. What they're referring to is an Offer in Compromise (OIC), which is legitimate but rarely approved. In 2020, only about 30% of OICs were accepted. These companies often charge thousands of dollars upfront with no guarantee of results. They're essentially offering what you can do yourself by filling out Form 656. To qualify for an OIC, you generally need to prove you can't pay through an installment agreement AND the full amount would cause financial hardship. For someone with steady salary income like the original poster, an OIC is unlikely to be approved unless there are significant other financial hardships.
Just to add some context to what others have said - I'm a tax preparer who works with lots of international clients. The J1 visa situation is particularly tricky because there are different tax rules depending on what TYPE of J1 you have (student, teacher, researcher, au pair, etc). The substantial presence test that someone mentioned earlier doesn't apply the same way to all J1 holders. If you're on a J1 as a student, you're considered an "exempt individual" for the first 5 calendar years you're in the US, meaning you're generally treated as a nonresident alien regardless of how many days you're present. If you're on a J1 as a teacher, researcher, or trainee, you're an "exempt individual" for 2 of the past 6 calendar years. The Form 8833 election to be treated as a resident is almost always beneficial when married to a US citizen, as the tax rates for jointly filing are generally more favorable than filing as married filing separately or as a nonresident.
Thanks for the additional information! I'm actually on a J1 as a researcher, so I guess the 2-year exempt individual rule would apply to me. Does that mean I'm automatically considered a nonresident alien for tax purposes regardless of how long I've been here?
As a J1 researcher, you're considered an "exempt individual" for 2 out of the last 6 calendar years. This means that during those "exempt" years, your days of presence in the US don't count toward the substantial presence test. So if this is your first calendar year in the US, you would generally be considered a nonresident alien for tax purposes regardless of how many days you've been physically present. However, being married to a US citizen gives you a special option: you can elect to be treated as a US resident for tax purposes by filing a statement with your tax return (using the Form 8833 that others have mentioned). This is almost always financially beneficial because it allows you to file jointly with your spouse and access more favorable tax rates and certain credits that aren't available to nonresidents.
Has anyone used TurboTax or H&R Block for this specific situation (J1 visa, married to US citizen)? I'm trying to figure out if the mainstream tax software can handle this correctly or if I need a specialist.
I tried using TurboTax last year in this exact situation and it was a disaster. The software kept getting confused with the residency election forms. It couldn't handle the treaty benefits properly either. I ended up having to get help from a CPA who specializes in international taxation and he had to correct a bunch of mistakes the software made.
Ugh, that's what I was afraid of. I've always done my own taxes with TurboTax but this J1/marriage situation seems way more complicated. Did the CPA cost a fortune? I'm on a pretty tight budget with my research stipend.
Something that hasn't been mentioned yet - if you have ANY other traditional IRA, SEP IRA, or SIMPLE IRA with pre-tax money in it, the backdoor Roth gets more complicated because of the pro-rata rule. In that case, your basis calculation isn't as straightforward. For example, if you have $50,000 in a pre-tax traditional IRA and you add $6,500 non-deductible, then convert $6,500 to Roth, you can't just convert your non-deductible contribution. The IRS sees all your IRAs as one big pot, so only about 11.5% of your conversion would be tax-free. This trips up a lot of people.
That's a really good point that I hadn't considered. Luckily, I don't have any other traditional IRA accounts - I've only been doing these backdoor Roth contributions the last few years. Does the pro-rata rule apply to 401k accounts too, or only to IRA accounts? I have an old 401k from a previous employer that I haven't rolled over.
The pro-rata rule only applies to IRA accounts (Traditional, SEP, and SIMPLE), not to 401(k)s. So your old 401(k) won't affect your backdoor Roth strategy as long as you leave it where it is. This is actually why some people with existing traditional IRA balances will do a "reverse rollover" - moving their pre-tax IRA funds into their current employer's 401(k) if the plan allows it. This removes those funds from the pro-rata calculation, making the backdoor Roth process clean again. Something to keep in mind if your situation changes in the future.
Does anyone know if TurboTax handles the backdoor Roth contribution/conversion correctly? I've heard horror stories about tax software messing this up and people getting unexpected tax bills.
TurboTax can handle backdoor Roth transactions, but you need to make sure you enter everything in the right order and answer the questions correctly. First enter your non-deductible traditional IRA contribution, then separately enter the Roth conversion. Make sure you indicate the traditional IRA contribution was non-deductible. When it asks about the conversion, be sure to enter any earnings that might have accrued between contribution and conversion (even if it was just a few dollars or cents). TurboTax should then generate Form 8606 correctly.
Thanks! That's helpful. I contributed and converted on the same day, so I think there weren't any earnings. But I'll check my statements just to be sure. Do you happen to know which section in TurboTax I need to go to? I've been poking around but can't seem to find where to enter the non-deductible contribution specifically.
Don't forget you can also check your property tax records directly with your county! Most counties now have online portals where you can look up your property and see the exact tax amounts paid and when. Just google "[your county name] property tax records" and you should find it. This is actually more accurate than the 1098 sometimes because the 1098 reports what the mortgage company paid in that calendar year, but depending on timing, that might not match the actual tax year amounts if payments crossed calendar years. I've been doing my own taxes for 11 years and I always verify the property tax amount independently rather than trusting what's on the 1098.
Quick question - if the county website shows a different amount than what's on my mortgage statement, which one should I use for my tax return? My county site shows $4,120 but my mortgage escrow statement shows $3,985.
You should use the amount that was actually paid during the tax year, regardless of what was billed. The difference you're seeing is likely due to timing - maybe your mortgage company paid part of one year's taxes in the previous or following calendar year. Look at the payment dates on your county website. If you're filing taxes for 2024, you want to report the total property tax payments that were actually made during calendar year 2024 (January 1 - December 31), regardless of which tax year they were applied to by the county.
Also check your closing documents if you bought the house recently! When I purchased last year, I had to reimburse the seller for prepaid property taxes at closing, and that amount was also deductible but didn't show up on my 1098 at all. TurboTax has a separate section for property taxes paid outside of your mortgage escrow. Don't miss this if you had any special situations like buying a new home, paying taxes directly, or making additional tax payments.
Thank you everyone for all the helpful advice! I managed to find exactly what I needed by checking my escrow statements online. Turns out my lender does include the property tax info on the 1098, but it's split between two different boxes and labeled weirdly. For anyone else struggling with this: definitely check your online mortgage account for the escrow analysis or year-end statement, which breaks everything down clearly. And the county tax website was super helpful too!
Roger Romero
I was in this exact situation last year! One thing to watch out for - make sure you check if there's a tax treaty between the US and your spouse's home country. This could significantly reduce the taxable portion of the scholarship/fellowship income on the 1042-S. You can find the list of tax treaties in IRS Publication 901. For example, if your spouse is from China, the first $5,000 of their scholarship might be exempt from US tax. The withholding shown on the 1042-S might not account for this treaty benefit if the correct paperwork wasn't filed with the university.
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James Maki
ā¢Thanks for mentioning this! He's from Argentina, so I'll definitely check Publication 901. Do you know if I can still claim a treaty benefit even though taxes were already withheld on the 1042-S? And would I need to file any additional forms to claim this?
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Roger Romero
ā¢Yes, you can absolutely still claim treaty benefits even if taxes were already withheld! This happens frequently when students don't complete Form W-8BEN with their university at the beginning of their studies. The university withholds at the standard rate, but you can claim the treaty benefits when you file your return. For Argentina, check Article 22 of the US-Argentina tax treaty. You'll likely need to file Form 8833 (Treaty-Based Return Position Disclosure) along with your tax return to claim the benefit. TurboTax should prompt you for this form when you indicate you're claiming a treaty benefit.
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Anna Kerber
I just want to point out that the tax preparers at places like Jackson Hewitt and H&R Block often don't have much experience with international tax situations. They're great for standard returns but specialized situations like 1042-S forms are usually outside their wheelhouse. If taxr.ai or calling the IRS doesn't fully resolve your questions, you might want to look for a CPA who specializes in international taxation or specifically works with university international students. Many universities have relationships with local tax professionals who handle these situations regularly.
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Niko Ramsey
ā¢Completely agree! I used to work at one of those tax prep chains, and we received almost no training on international forms. When I got a client with a 1042-S, I had to google it just like everyone else. CPA firms that advertise international tax services are definitely worth the extra money in these situations.
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Anna Kerber
ā¢Exactly. Those national chains typically provide their preparers with only about 60-80 hours of training, which simply isn't enough to cover complex international tax situations. Most of that training focuses on common scenarios like W-2 income, child tax credits, and standard deductions. International taxation requires understanding tax treaties, foreign tax credits, and special forms like 8833 and 8843 that most preparers rarely encounter. A specialized CPA might charge more upfront but can prevent expensive mistakes or missed opportunities for tax savings.
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