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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!
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.
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.
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.
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.
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.
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?
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.
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?
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.
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!
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.
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.
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.
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.
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?
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!
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.
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.
Sean Kelly
5 Just curious - what happens if you DO need to amend your return? I realized I forgot to include some investment income on mine.
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Sean Kelly
ā¢19 For actual income or deduction changes, you would need to file an amended return using Form 1040-X. Unlike the 1095-C situation, missing investment income absolutely needs to be reported through an amendment. You can prepare an amended return through most tax software, though some charge extra for this service. File it as soon as you can to minimize any potential interest or penalties. If you owe additional tax, pay it when you file the amendment to stop further interest from accruing.
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Sean Kelly
16 Has anybody used eztaxreturn for amending before? I'm in the same state as OP and have used them for years but never had to amend. I'm wondering if their amendment process is as easy as their regular filing.
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Sean Kelly
ā¢11 I used eztaxreturn for an amendment last year. It's doable but not as streamlined as their regular filing process. You have to essentially recreate your return and then identify what changed. They charge an additional fee too (I think it was around $30 when I did it). But in this case, since the 1095-C doesn't change anything tax-wise, you shouldn't need to amend at all.
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