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Ask the community...

  • DO post questions about your issues.
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  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Mateo Lopez

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Just a heads up - I came to the US on H1B in 2023 and messed up by filing the wrong form my first year. I used Form 1040 instead of 1040-NR, and now I'm dealing with an IRS notice and having to file an amended return. The main differences that matter for H1B holders: - Form 1040-NR only taxes your US source income - Form 1040-NR has different deduction rules (some standard deductions aren't available) - Form 1040-NR limits certain tax credits - Filing status options are different (no joint return with a nonresident spouse on 1040-NR) For your second year (2025), you'll likely pass the substantial presence test and can use regular Form 1040, which generally has more favorable tax treatment.

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ShadowHunter

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That sounds stressful! Did you have to pay penalties for filing the wrong form? And did the IRS contact you about it, or did you discover the mistake yourself?

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Mateo Lopez

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I discovered it myself after attending a tax workshop for international employees at my company. I filed an amended return (Form 1040-X) right away, which limited the penalties. I did have to pay some interest on the additional tax owed, but no major penalties since I corrected it voluntarily before the IRS caught it. The IRS did eventually send a notice, but by then I had already filed the amendment. The most painful part was that I had claimed some credits on the original Form 1040 that I wasn't eligible for as a nonresident, so I had to pay back that money plus interest. Don't make my mistake - get the form right the first time!

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Quick tip: Download IRS Publication 519 (U.S. Tax Guide for Aliens). It has a detailed flowchart on page 8 that helps determine your status. Based on your arrival date, you're almost certainly a nonresident alien for 2024 tax purposes, which means Form 1040-NR. Also, most tax software struggles with nonresident returns. TurboTax and H&R Block can do it but you need their premium versions. Sprintax specializes in nonresident returns and might be easier.

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Ethan Davis

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Sprintax is good but expensive! I found a free option through the IRS Free File program that handles 1040-NR, but you have to dig for it on their website.

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Just FYI - I work in university administration (not at a COE) and what that bursar told you is complete nonsense. There's no special tax status for Colleges of Education that prevents students from claiming education tax benefits. My guess is the person you spoke with was confused about how the institution itself is funded or taxed, which has absolutely nothing to do with your personal tax situation as a student paying tuition. ALWAYS consult with a tax professional rather than university administrative staff about tax matters. We're not trained in personal tax law and shouldn't be giving that kind of advice to students.

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Ethan Brown

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That's what I suspected! I was so confused because it directly contradicted what other teachers in my district told me about their education expenses. Is there any documentation I should specifically request from the university to help with claiming education credits?

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You should definitely request Form 1098-T from your university, which shows your tuition payments and is required for claiming education credits. Also keep all receipts for required books, supplies, and equipment as these can sometimes be included in qualified education expenses depending on the credit you're claiming. Make sure the 1098-T shows your payments rather than just amounts billed. Some universities only report billed amounts by default, which can cause issues with your tax filing. You may need to specifically request a 1098-T that shows actual payments made during the tax year.

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Amara Chukwu

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Has anyone here successfully claimed both the LLC (Lifetime Learning Credit) AND deducted professional development expenses on Schedule C if you do some independent consulting work? I've been told different things by different tax preparers.

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You can potentially do both but NOT for the same expenses. If you claim certain expenses for the LLC, you cannot also deduct those same expenses on Schedule C. It would be considered double-dipping. However, if you have enough education expenses, you could use some for the LLC (up to the $10k limit) and then deduct additional, separate expenses on Schedule C if they're directly related to your self-employment work.

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Amara Chukwu

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Thanks for clarifying! That makes sense - I wasn't sure if it was an either/or situation or if I could split the expenses between the two. I'll make sure to track which expenses I'm applying to each category.

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Alicia Stern

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Be VERY careful with this strategy! I tried something similar in 2023 and ended up being audited. The issue wasn't the self-rental itself but the "economic substance" of the arrangement. The IRS argued that the transaction lacked a legitimate business purpose beyond tax avoidance. Some things that tripped me up: - Not having proper insurance (needs to be landlord insurance, not homeowner's) - Using personal accounts for some property expenses - Not having a formal lease with all proper terms - Not being able to prove fair market rent (you need comparable properties) The audit cost me more than I ever would have saved, plus I had to amend three years of returns. Just be absolutely certain your documentation is bulletproof if you go this route.

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Layla Mendes

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This is exactly the kind of real-world experience I was hoping to learn from. Would you mind sharing what documentation the IRS specifically questioned during your audit? And did you qualify as a real estate professional or were you trying a different approach?

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Alicia Stern

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The documentation they zeroed in on was my activity log for proving real estate professional status. I claimed to meet the requirements but my records were inconsistent and some activities I counted weren't considered "material participation" by the auditor. I did qualify as a real estate professional based on hours, but they questioned whether I was truly spending more time on real estate than my primary job. They wanted to see detailed, contemporaneous records - not just a spreadsheet I created after the fact. They also scrutinized whether the rent I charged myself was truly market rate, asking for multiple comparable properties and professional rental assessments. One major issue was commingling of funds between personal and business accounts. They viewed this as evidence I wasn't treating the LLC as a separate entity. Make sure every expense goes through separate accounts and that you have a formal process for paying rent that looks like a true landlord-tenant relationship.

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Has anyone considered the insurance implications of this arrangement? Most homeowner's policies won't cover claims if you're technically renting from an LLC that you own. You'd need a landlord policy for the LLC and a renter's policy for yourselves. Also, what about mortgage considerations? Many residential mortgages have occupancy clauses requiring the borrower to occupy the property. If the LLC takes the mortgage but doesn't occupy it, you might be violating the terms.

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Drake

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Good points. Also worth mentioning that mortgage rates for investment properties are typically higher than primary residences, often by 0.5-1%. So even if you find a lender willing to do this arrangement, you'll likely pay more for the mortgage, which could offset some of the tax savings.

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Libby Hassan

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One thing nobody's mentioning - check if the W-2C affects your county or city taxes too! Some places have local income taxes that piggyback off state reporting.

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This!!! I had a W-2C a couple years ago and completely overlooked my city taxes. Ended up getting a notice 6 months later for underpayment and penalties 😭

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KingKongZilla

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Thanks for bringing this up! Fortunately Arizona doesn't have county income taxes, just state-level. So I think I'm ok on that front but it's definitely something important for others to consider.

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Sofia Peña

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I'm an accountant and deal with these all the time. The most important question: did you file state returns based on the incorrect W2? If yes, then yes you need to amend. If no, then just file the correct state returns now. And keep copies of EVERYTHING for at least 7 years!

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Harper Hill

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Have you tried calling the HR or payroll department at your job? They should be able to explain exactly what's on your tax form since they're the ones who issued it. That's usually the fastest way to get a clear answer about something specific to your situation.

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Mia Rodriguez

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That's a great idea, can't believe I didn't think of that! I was so focused on trying to figure it out myself that I forgot the source could just explain it. Do you think I should also ask them if this will affect my tax return calculation?

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Harper Hill

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Absolutely ask them how it affects your tax return! That's the most important part. Bring specific questions like: "Does this amount need to be reported separately on my tax return?" and "Will this increase or decrease my taxable income?" A good payroll person should be able to tell you exactly where on your tax return this information belongs, if anywhere. Some items on tax forms are just informational and don't actually affect your filing.

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Caden Nguyen

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I've been using H&R Block's online tax program for years and it does a pretty good job of explaining all the weird codes and boxes. When you enter the info from your W-2 or 1099, you can click on little question marks next to each field and it gives you plain English explanations. Might be worth trying?

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Avery Flores

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TurboTax has similar features but charges extra for everything. I switched to FreeTaxUSA last year and saved a ton. They have good explanations too.

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