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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.
It's actually somewhat common for brokerages to perform these recharacterizations automatically. I've worked in financial services for years, and here's what's likely happening: When you contribute to a Roth IRA but your modified adjusted gross income (MAGI) exceeds the limits, you're not eligible for the full contribution. Some brokerages monitor this and will automatically recharacterize the excess contribution to prevent their clients from facing the 6% excess contribution penalty that would otherwise apply every year until corrected. The "PJ" code combination is indicating a recharacterized amount (P) that also counts as an early distribution (J). The good news is this shouldn't trigger any penalties for early withdrawal since it's just moving funds between retirement accounts.
So you think this is actually a helpful service from my brokerage rather than a mistake? I had no idea they would monitor my income and make adjustments like this. Is there any way I should have known this was coming? I never saw any notifications and was completely surprised by the 1099-R.
Yes, it's definitely a helpful service - they're protecting you from potential penalties. Most brokerages include this information in their account agreements, but it's often buried in the fine print that nobody reads. They typically send notifications via your communication preferences (email, account message center, mail), but these can easily be missed. For future reference, you can usually see pending recharacterizations in your transaction history or on statements. They might be labeled as "recharacterization," "correction," or "adjustment." It's always a good idea to check if you're near the Roth IRA income limits. For 2024, the limits start phasing out at $146,000 for single filers and $230,000 for married filing jointly, so if you're in that range, keep an eye out for potential adjustments next year.
Has anyone actually calculated whether a recharacterization is better than just taking the 6% penalty? I'm in a similar situation but my 1099-R is for about $2800. If the penalty is 6% of that, it's only $168. Seems easier than dealing with all this tax form confusion.
The 6% penalty isn't just a one-time thing though. It applies EVERY YEAR that the excess contribution remains in your account. So it's $168 this year, then another $168 next year, and so on until you remove the excess. Plus, you'd still need to file Form 5329 to report the excess contribution, which is another form to deal with. The recharacterization is definitely better long-term because it's a one-time fix with no penalties. Your money stays in a tax-advantaged account (just a traditional IRA instead of Roth) rather than paying penalties year after year.
Something everyone's overlooking here - your friend should check if they might qualify for the streamlined foreign offshore procedures if they have other unfiled US tax obligations. Those Form 5472 penalties are just the start of the potential issues. Foreign-owned LLCs often trigger multiple filing requirements beyond just Form 5472 and 1120. There's potentially FBAR requirements, Form 8938, and other informational returns depending on their specific situation.
Thanks for bringing this up. Do the streamlined procedures actually cover Form 5472 though? I thought those were mainly for individual tax returns and FBARs, not for business entities and their reporting requirements?
You're right that the streamlined procedures primarily focus on individual returns and FBARs. Form 5472 penalties technically aren't included in the standard streamlined relief program. However, once your friend enters the streamlined program for their personal returns, they can often make a separate reasonable cause argument for the business filings that has a higher chance of success. The IRS tends to view compliance efforts more favorably when taxpayers are comprehensively addressing all their filing obligations. So while the Form 5472 penalties aren't directly covered, being in the streamlined program can create a more favorable environment for negotiating those specific penalties through separate reasonable cause requests.
Has your friend tried contacting the Taxpayer Advocate Service? They sometimes help with penalty issues for international taxpayers when there are hardships involved. Might be worth a shot before paying those massive Form 5472 penalties.
I think we're overlooking something important here. The IRS treats research grants differently depending on whether they're for your benefit or the university's benefit. If you're doing research primarily to further your education, the excess grant money is taxable. But if you're doing research primarily for the university (like they're basically employing you as a researcher), it might be treated differently. Did your advisor specify whether this was a fellowship (for your benefit) or compensation for services? That distinction really matters for tax purposes.
That's an angle I hadn't considered. The grant money is from my advisor's research funding, and I'm definitely working on their project rather than just my own educational pursuits. The money is paid biweekly like a salary, but it's never been called a salary explicitly - it's always referred to as a "research stipend." Does that distinction actually change how I should report it on my taxes?
Yes, the distinction can definitely change how you report it! If the money is compensation for services rendered (which sounds possible in your case since you're working on your advisor's project and being paid regularly like a salary), it would be treated as employment income rather than a scholarship/fellowship. In that case, the university should have issued you a W-2 for that portion of income. But universities are notoriously inconsistent with how they classify these payments. Some will issue 1099-MISCs for research stipends, while others report them as scholarships on the 1098-T, and some don't report them at all (expecting you to self-report).
One thing nobody's mentioned - how is your university reporting this to the IRS? Check if they issued you a W-2 for the TA work and how they classified the research stipend. Universities are inconsistent about this, but however they reported it to the IRS should guide how you report it on your return.
This is excellent advice. I work in a university accounting office, and I can tell you that how the university reports these payments matters a lot. If they issued a W-2 for any portion, that's definitely reported as wages. If they included the research stipend on the 1098-T as a scholarship, that's how the IRS will expect to see it reported.
Ahooker-Equator
Have you looked at OnPay? That's what we use for our roofing company. The pricing is really reasonable (like $40 base fee + $6 per person) and it handles both W2s and 1099s really well. Tax filings are automated and they handle all the state registrations for you. The customer service is actually fantastic too - I've called them with questions and always get through to someone knowledgeable.
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McKenzie Shade
β’I haven't heard of OnPay before. How user-friendly is it for someone who understands accounting basics but isn't a payroll expert? And does it integrate with any accounting software?
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Ahooker-Equator
β’It's super user-friendly! I'd say it's actually easier to navigate than QuickBooks Payroll, with a cleaner interface. The setup wizard walks you through everything including tax registrations. They have good help articles that explain things in plain English. It does integrate with QuickBooks Online, Xero, and a few other accounting systems. The integration with QuickBooks works well in my experience - it automatically records payroll expenses in the right categories. If you understand basic accounting concepts as a CPA candidate, you'll have no trouble with it.
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Anderson Prospero
For a moving company your size, I'd actually recommend ADP Run. We switched to it for our plumbing business (12 employees) and it's been great. It's a bit more expensive than some others, but they handle EVERYTHING and their compliance guarantee is worth it.
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Tyrone Hill
β’ADP is way overpriced for small businesses! I used them for my repair shop and switched to Gusto which does the same thing for half the price. Plus ADP's interface feels like it was designed in the 90s.
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