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Ask the community...

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Miguel Castro

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I went through this exact situation last year! My university also misclassified me as a nonresident when I had clearly passed the substantial presence test. What I did in FreeTaxUSA: 1. Made sure to select "resident alien" filing status at the beginning 2. Entered my W-2 information normally 3. Added my scholarship income as "Other Income" in Schedule 1 4. For the withholding, I added it in the "Federal income tax withheld" section I got a pretty decent refund and had no issues with the IRS. The most important thing is making sure you're filing as a resident alien and not using the 1040-NR form.

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PixelWarrior

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Thank you for the detailed steps! Did you have to do anything special for the state tax portion or was it pretty straightforward once you figured out the federal part?

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Miguel Castro

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The state part was actually pretty simple once I figured out the federal portion. I just entered the state withholding amount from my 1042-S in the state withholding section along with my W-2 state withholding. For the income, I reported it the same way on my state return as I did on my federal. FreeTaxUSA walks you through the state portion after you complete the federal section, and the state return automatically imports most of the information from your federal return. Just make sure to double-check that all the withholding amounts are correct before submitting.

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One important thing to check is if you have a tax treaty with your home country! I'm from India and we have a tax treaty with the US that makes some scholarship money exempt from taxes. Even as a resident alien, you might still qualify for certain treaty benefits. FreeTaxUSA doesn't handle tax treaties well, which might be why you're struggling to find where to enter the 1042-S. If you do have treaty benefits, you might need to use a different software like TaxAct or go to a professional.

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This is incorrect advice. As a resident alien, you generally CANNOT claim tax treaty benefits. Those are mostly for nonresident aliens only. Once you become a resident for tax purposes, you lose most treaty benefits except for very specific exceptions.

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You're right, I should have been more clear. Most tax treaty benefits are for nonresident aliens, but there are some specific provisions that continue to apply even after you become a resident alien. It depends entirely on the specific treaty and the specific type of income. For example, the US-China treaty has provisions for students that can continue for a limited time even after becoming a resident alien. But you're correct that in most cases, becoming a resident alien means losing treaty benefits.

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FireflyDreams

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Just to add another perspective - I'm a tax preparer (not a CPA, but I work at a tax office) and we see this issue ALL THE TIME. Filing with a name that doesn't match SSA records will 100% get your return rejected. The IRS systems automatically check the name/SSN combo against SSA records before they'll even accept your return for processing. My advice: file with your maiden name now to meet the deadline. After your name change is complete, you don't need to do anything else for this year's return. The IRS doesn't care if your legal name changes mid-year - they only care that the name on your tax return matches what the SSA has on file the moment you file.

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Does it matter that her state return was already accepted with the married name? Won't that cause problems when the federal return has a different last name?

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FireflyDreams

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States operate their own tax systems separate from the federal IRS system, which is why one might accept a return while the other rejects it. Some states don't verify against the SSA database as rigorously or might batch their verification processes. Having different names on your federal and state returns isn't ideal but it's not catastrophic. When you file with your maiden name federally, include a brief statement explaining the situation with your state return. The key issue is ensuring your tax ID numbers (SSN) match on both returns. Most tax agencies understand that name changes happen and have procedures to handle these timing mismatches.

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This happened to me!! I got married in November and tried to file in February with my new last name. The return got rejected for the exact same reason. I had to refile using my maiden name since that's what was still in the SSA system. It was annoying but my refund still came through fine after I fixed it. The most important thing is to use whatever name is currently on your social security card. Don't wait to refile - just go back into TurboTax, change back to your maiden name, and resubmit. Better to get it done now than stress about missing the deadline!

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Miguel Castro

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Thank you so much for sharing your experience! I was worried I was the only one dealing with this. I'll go ahead and refile with my maiden name tonight. Did you have any issues with your state return? Mine was already accepted with my married name.

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My state return actually got rejected too, but I'm in Texas so we don't have state income tax - it was just for my property tax stuff. I had to fix that one separately. If your state return already went through with your married name, you might want to call your state tax agency and ask them what to do. Some states are more laid back about the name matching than the IRS is. The important thing is that your social security number is consistent on both returns!

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Zara Malik

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Hey, tax preparer here. There's a specific ordering to tax credits that sometimes tax software doesn't get quite right, especially with less common credits like the adoption credit. The general sequence is: - Nonrefundable credits that can only offset regular tax (not AMT) - Nonrefundable credits that can offset both regular tax and AMT - Refundable credits Within this, Child Tax Credit's nonrefundable portion comes before the adoption credit, then the Additional Child Tax Credit (the refundable portion) comes later in the sequence. If your income is in that range where the phase-outs start affecting things, it gets even more complex. What likely happened is that your regular tax liability was completely offset by the nonrefundable portion of the child tax credit, leaving nothing for the adoption credit to offset. The adoption credit can be carried forward though, so don't worry - you haven't lost it!

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Luca Greco

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Would it be worth filing an amended return? Or is the IRS calculation definitely correct here? We're talking about thousands of dollars difference!

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Zara Malik

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If the IRS followed the correct ordering of credits according to tax law, filing an amended return wouldn't change the outcome. The order of application is established in the tax code, and the IRS systems are programmed to follow that sequence. What I would recommend instead is planning for next year to maximize your use of the adoption credit. Since you can carry it forward for up to 5 years, you might be able to adjust your withholding or make other tax planning moves to ensure you have enough tax liability next year to absorb more of the adoption credit. The credit isn't lost - it's just delayed in providing you benefit.

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Nia Thompson

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Have you received a formal notice from the IRS explaining the adjustment? Sometimes they'll send a CP12 or similar notice that breaks down why they changed your refund amount. If you haven't received it yet, it might be coming and could clarify things. In my experience, the adoption credit is particularly tricky because it can only offset income tax liability (not self-employment tax or other taxes), and it comes after certain other nonrefundable credits in the sequence. TurboTax might have applied it before the child tax credit, when it should be after.

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We got a notice but it was super vague - just said our refund was reduced with a different amount but didn't explain the calculation. Called IRS and they basically just confirmed what I already knew - they applied CTC then ACTC then said no tax liability left for adoption credit. But they wouldn't explain WHY they did it in that order when it seems wrong. Can adoption credits be used against self-employment tax? We both have some 1099 income along with our W2 jobs.

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Nia Thompson

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The adoption credit cannot be used against self-employment tax - that's a key limitation that sometimes causes confusion. It can only offset your income tax liability, not the SE tax portion. If you have self-employment income and paid SE tax, that might explain part of the discrepancy. The adoption credit can't touch that portion of your tax bill. What might have happened is that after applying the CTC against your income tax liability (not SE tax), there wasn't enough regular income tax liability left for the adoption credit to offset. The good news is that the unused adoption credit doesn't expire this year - you can carry it forward for up to 5 years on future returns.

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Dmitry Popov

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If you're using TurboTax, there's a much easier way. At any point during the year, you can actually go into the tax planning section and upload a CSV of your trades. It will calculate your current position and even tell you how much you'd need to sell to offset your gains. I do this quarterly to stay on top of my tax situation. Last year I completely avoided a tax bill by realizing some losses in November once I saw how much I was up for the year.

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Ava Rodriguez

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Does this work with the free version of TurboTax or only the premium versions? And can you use this feature before you're actually ready to file?

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Dmitry Popov

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You need TurboTax Premier or above for the investment features - the free version doesn't support capital gains calculations. And yes, you can absolutely use this feature any time during the year before you're ready to file. I typically start a new tax file at the beginning of each year just for planning purposes. The tax planning tools are available year-round, not just during tax season. You can run different scenarios like "what if I sell these stocks at a loss?" to see the impact on your tax situation. It's been super helpful for making strategic decisions throughout the year rather than just discovering surprises at tax time.

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Miguel Ortiz

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Has anyone tried just asking their accountant? Mine gave me a simple spreadsheet template where I just enter current market values of holdings and it compares to my cost basis to show potential gains/losses. Takes like 10 minutes to update each quarter.

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Zainab Khalil

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Not everyone can afford an accountant, especially if they're just casual investors. I tried getting a consultation with a CPA and they wanted $250/hour just to discuss my tax situation. These online tools seem way more cost effective for most people.

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Diego Ramirez

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Have you considered doing an 83(b) election for future RSU grants? It lets you pay ordinary income tax on the grant value upfront rather than the vesting value. That might help avoid this situation in future years if your company's stock keeps growing.

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Emma Wilson

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Thanks for the suggestion, but isn't the 83(b) election only available for restricted stock, not RSUs? From what I've read, it doesn't apply to standard RSUs because there's no actual ownership until vesting. But I'd love to be wrong about this if it could help with future grants!

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Diego Ramirez

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You're absolutely right, and I apologize for the confusion. The 83(b) election typically doesn't apply to standard RSUs because, as you correctly noted, there's no actual ownership until vesting. It's more applicable for restricted stock awards (RSAs) where you have immediate ownership with restrictions. For standard RSUs, tax planning is more about timing your sales after vesting to manage capital gains. Some companies offer programs where they automatically sell enough shares at vesting to cover tax obligations, which might be worth looking into for future grants.

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Oof, I went through almost this exact situation last year. What tax software are you using? I found that TurboTax didn't handle my RSUs very well, but H&R Block's premium version actually had a much better equity compensation section.

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Sean O'Connor

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I had the opposite experience! TurboTax Premier handled my RSUs perfectly but H&R Block kept giving me errors. Maybe it depends on the specific company's reporting format?

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