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Ask the community...

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Paolo Longo

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Don't forget about state taxes! Everyone's talking about federal gift tax, but some states have their own gift tax rules. Connecticut is the only state with a true gift tax now, but other states might treat gifts differently or have inheritance taxes that could affect your friend. Also, if you're giving a substantial gift to help someone in need, you might want to look into setting up a more formal arrangement if this could become recurring. There are tax-advantaged ways to provide financial support through trusts or family partnerships depending on your situation.

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Amina Bah

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Wait really? I've never heard of state gift taxes before. I live in California and give my kids money every year. Do I need to be filing something with the state? Now I'm worried I've been doing this wrong for years...

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Paolo Longo

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You don't need to worry about California - they don't have a state gift tax. Connecticut is currently the only state with a specific gift tax. Previously, Tennessee had one but they phased it out. However, some states do have inheritance taxes that the recipient might pay, though these typically exempt immediate family members and have various thresholds. For regular gifts to your kids in California, there's no additional state filing requirement beyond what's required federally (which is nothing if you're under the annual exclusion amount).

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Oliver Becker

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Just wanted to mention that if you're giving money to help a friend in need, there's another option worth considering. You could pay certain expenses directly rather than giving cash. If you pay medical providers or educational institutions directly, those payments are exempt from gift tax limits altogether! So if your friend has medical bills or education expenses, you could pay those directly and still give the $16,000 cash gift. The direct payments don't count toward your annual exclusion amount.

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CosmicCowboy

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This is really helpful! My daughter is starting college next year and my parents want to help. Does this mean they could pay her tuition directly to the school AND give her gift money up to the limit without any tax issues? Would this work for her dorm costs too or just tuition?

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Oliver Becker

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Yes, your parents can absolutely pay your daughter's tuition directly to the educational institution AND still give her up to the annual gift exclusion amount ($17,000 for 2024) with no gift tax consequences! This is a great strategy for education funding. For the second question, the unlimited education exclusion typically covers tuition only, not room and board/dorm costs or books. Those additional expenses would need to come from either the regular cash gift (within the annual exclusion amount) or other resources. The IRS is quite specific that the education exception only applies to direct tuition payments to qualifying educational institutions.

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Need advice on US TIN requirement for Poland tax treaty claim on hackathon prize (W8-BEN, W7 forms confusion)

I recently won a prize at a crypto hackathon in Denver plus a travel scholarship, and now I'm totally confused about the tax paperwork. The organizers are telling me I need a US Taxpayer Identification Number (TIN) to claim the Poland-US tax treaty benefits on my W8-BEN form, or else they'll withhold 30% of my winnings for taxes. When I checked the IRS website, it seems to confirm that a US TIN is required for tax treaty claims. So I started looking into getting a US TIN by filing Form W-7, but this is where things get really complicated. According to the W-7 instructions, since I'm not filing a US tax return, I need to qualify for one of their exceptions. The only one that might work is their scholarship/award exception, but I'm not sure if it applies to my situation because: 1. They want a copy of a contract with an "educational institution" - but is a crypto hackathon considered educational? What kind of contract would this be? 2. They require a valid US visa - but what if someone isn't a student and doesn't have a visa? 3. They want a copy of the W8-BEN submitted to the organizers - but the organizers want me to get the W-7 BEFORE submitting the W8-BEN. This circular logic is driving me crazy! 4. They need a letter from the Social Security Administration saying I'm ineligible for a SSN - is this really necessary and how do I even get this? Even if I somehow gather all these documents and get my passport certified at the US embassy in Warsaw, I'm worried about timing. I only have until June 15th to submit the W8-BEN, and mailing everything to Texas could take forever. What's even more confusing is that the W8-BEN instructions don't clearly state that a US TIN is mandatory for claiming tax treaty benefits. I thought my Polish TIN should be sufficient. A friend of mine won at the same event last year, only provided their foreign TIN, and didn't get taxed in the US at all. I'm completely lost in this bureaucratic maze. Has anyone dealt with this situation before? Any advice would be incredibly appreciated!

Noah Ali

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I dealt with this exact situation last year with prize money from a tech competition in Austin. From my experience, your best bet is to: 1) Request an extension from ETH Denver explaining that you're in the process of obtaining a TIN 2) Submit the W-7 through an Acceptance Agent rather than mailing it to Texas 3) Use "Applied For" in the TIN field on your W-8BEN The Acceptance Agent route is much faster - they can verify your documents on the spot and submit everything electronically. There are authorized agents in most major cities including Warsaw. This cut my processing time from 3+ months to about 6 weeks.

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Thanks for sharing your experience! What exactly is an Acceptance Agent and how do I find one in Warsaw? Also, did ETH Denver (or equivalent in your case) actually agree to the extension when you asked?

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Noah Ali

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An Acceptance Agent is someone authorized by the IRS to verify identification documents for ITIN applications. They can certify your original documents so you don't have to mail them to the IRS. You can find a list of international agents on the IRS website - search for "acceptance agents abroad" and filter for Poland. The tech competition in my case did agree to a 45-day extension. They were understanding once I showed them documentation that I had started the TIN application process. I found that being transparent about the timeline and keeping them updated regularly made them more willing to work with me. I sent them the receipt from the Acceptance Agent as proof that I had actually started the process, which helped a lot.

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Has anyone considered whether a state ID number could work instead of a federal TIN? My cousin won something at a game development event and used his California state ID number on some tax treaty paperwork. The organizers accepted it and only withheld like 10% instead of 30%.

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That's not correct advice at all. State ID numbers are completely different from federal taxpayer identification numbers and aren't recognized for federal tax treaty purposes. Either your cousin misunderstood what happened or the organizers made a mistake. Using a state ID in place of a TIN on W-8BEN could actually create bigger problems down the road when the IRS reviews the withholding.

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Miguel Diaz

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Make sure you keep copies of EVERYTHING you submit for your amendment! My roommate (also J1) had a similar situation and the IRS claimed they never received her amended return even though she had tracking confirmation. She had to resubmit everything, which delayed her refund by another 3 months. I recommend sending it certified mail with return receipt so you have proof of delivery. Also make copies of all documents before sending. The processing time for amended returns for non-residents is super slow right now - like 6-8 months according to what the IRS told her.

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That's really good advice - I wouldn't have thought about the certified mail option. Did your roommate eventually get her refund after all that trouble? And did she have to pay any penalties for filing incorrectly the first time?

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Miguel Diaz

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She did finally get her refund about 7 months after submitting the amended return, but the IRS actually adjusted the amount slightly based on some tax treaty provisions that applied to her specific country. They didn't charge any penalties or interest since it was clearly just a mistake about which form to use rather than trying to evade taxes or anything. One other tip she learned: call the IRS International Taxpayer line at 267-941-1000 instead of the regular number. They're more familiar with non-resident issues and J1 visa situations specifically. Though getting through is still a nightmare unless you use one of those line-cutting services mentioned above.

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Zainab Ahmed

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Has anyone tried contacting their university's international student office about this? When I had a similar issue (H1B visa), the international office at my former university had tax specialists who helped international students/scholars file amendments for free. They even had a direct line to an IRS representative who specialized in non-resident returns.

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This is great advice! I work at a university international student office, and we offer free tax help specifically for situations like this. Most large universities with international programs have resources to help with non-resident tax issues. One thing I should clarify though - the 1040-X form is only for amending a tax return if you're a US citizen or resident alien. As a non-resident alien on J1, you actually need to file a 1040-NR with a statement attached explaining the error. The amendment process is slightly different for non-residents.

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Chris Elmeda

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Has anyone used the simplified home office deduction for their side business? It's $5 per square foot up to 300 square feet instead of calculating all the actual expenses. Seems easier if you qualify!

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Jean Claude

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I use the simplified method for my Etsy shop and it's so much easier than tracking all those expenses. But remember you still need a space that's EXCLUSIVELY for business use. I converted a small closet (about one-sixth of my apartment's square footage) to store inventory and take product photos, and I only claim that area.

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Charity Cohan

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Important point: make sure you're documenting everything in case you get audited. Take photos of your office space, keep receipts for all business purchases, maintain a log of when you use the space for business vs. employment, etc. Trust me, you do NOT want to be scrambling for documentation if the IRS comes knocking!

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Just wanted to add - make sure you also check your state tax filing requirements! I caught up with federal but completely forgot about state taxes, and ended up with a nasty surprise from my state tax authority. Some states have different lookback periods and requirements than the IRS.

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Andre Laurent

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Good point! Do states typically have the same 3-year refund window as federal? And would penalties be similar if I did end up owing?

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Many states follow the same 3-year refund window as the federal government, but there are definitely exceptions. For instance, some states like California can look back and collect for much longer periods than the IRS typically does. Regarding penalties, they vary widely by state. Some states have lower penalty rates than federal, while others can be more aggressive with collections for even small amounts. It's definitely worth checking your specific state's department of revenue website or calling them directly. In my experience, state tax agencies are actually often easier to reach by phone than the IRS.

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Emma Garcia

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Just a quick correction to some of the advice here - while FAFSA typically uses the prior-prior year tax info, they can sometimes request verification of tax filing status or request tax transcripts for other years if there are discrepancies or if you're selected for verification. Being compliant with all filing requirements can make the financial aid process smoother if you get flagged for additional review.

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Ava Kim

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This is accurate. I work in a financial aid office, and we do occasionally request tax transcripts for verification purposes. While we primarily use the prior-prior year for determination, having unfiled taxes can sometimes create issues during verification or if there are special circumstances reviews.

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