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Have you checked to see if your tips are "allocated tips"? Look at box 8 on your W-2. If there's an amount there, these are tips your employer assigned to you based on sales, and they don't withhold social security tax on these. You're responsible for paying the full social security tax on allocated tips yourself, which could explain the huge drop in your refund.
Just checked and there's nothing in box 8, so I don't think it's allocated tips. All my tips are reported in box 7 as "Social security tips" with $10,065. Could it be that I'm supposed to be paying extra social security on those somehow? Like both the employer and employee portion?
If your tips are in box 7 and not box 8, your employer should have withheld the correct social security tax on them. The amount withheld should be 6.2% of the combined wages (box 3) and tips (box 7). Since your tips are properly reported in box 7, you're only responsible for the employee portion (6.2%), not the employer portion. Check if the amount in box 4 (Social security tax withheld) equals 6.2% of the combined amount in boxes 3 and 7. If that's correct but you're still seeing the huge refund drop, it might be how the tax software is handling the second W-2. Try entering your W-2s in a different order or double-check that you haven't accidentally entered the tip income twice.
From what I can tell after reading your situation, I think FreeTaxUSA might be calculating something called "excess social security tax withheld." When you have multiple jobs and your combined income has had too much social security tax withheld (above the 6.2% on the maximum wage base), you get a credit for the excess. When you enter only your full-time W-2, the software might be calculating a refund of excess social security withholding. Then when you add the part-time W-2, it realizes you haven't actually exceeded the wage base, so that "excess" disappears. Try this: enter BOTH W-2s, then look at the detailed tax calculation in FreeTaxUSA and check the line for "Excess social security tax withheld" to see if it changed.
Don't forget about Form 8833 (Treaty-Based Return Position Disclosure) if you're going to claim any benefits under a tax treaty between the US and your current country! I missed this when I first filed as a nonresident and ended up having to amend my return. Also, check if you need Form 8854 if you've given up your green card or citizenship. Doesn't sound like your case, but mentioning for others.
Is Form 8833 required for every tax treaty benefit? I thought there were some exceptions where you don't need to file it even if you're claiming treaty benefits?
You're right - there are some exceptions. You generally don't need Form 8833 for personal services income under $10,000, or for claiming reduced withholding rates on dividends, interest, royalties, etc. The IRS has a list of exceptions in the instructions for the form. There are also some "general benefits" from treaties that don't require the form. It's the more specific or unusual treaty positions that need disclosure with Form 8833.
Has anybody dealt with the Foreign Tax Credit (Form 1116) in this situation? I'm still confused about whether I can claim credit for taxes paid to my new country against my US-sourced income on Form 1040-NR.
From my experience, on Form 1040-NR you can only claim foreign tax credits against income that's considered effectively connected with a US trade or business. For regular passive income like dividends and interest, you usually can't use Form 1116 to offset those taxes on a 1040-NR.
Another option to consider - if the filing deadline is approaching and you're worried about penalties, you could file as Married Filing Separately now using just your information. Then after her SSN is properly in the system, you can file an amended return (Form 1040-X) to change to Married Filing Jointly. This approach ensures you meet the deadline and avoid late filing penalties while still eventually getting the benefits of filing jointly. The downside is having to file an amendment and waiting longer for any refund.
Would this approach cause any issues with the ongoing AOS process? I've heard that inconsistencies in tax filings can sometimes create complications during immigration proceedings.
Filing separately and then amending to joint status shouldn't cause any immigration issues. The USCIS understands that tax situations can be complicated, especially for new immigrants. What's important is that you're making a good faith effort to comply with tax laws. When you file the amendment, include a brief explanation noting that the original separate filing was due to the SSN database synchronization issue. This creates a clear paper trail showing you were attempting to file correctly all along. Just make sure the name and SSN on all documents match exactly what's on the Social Security card and immigration paperwork.
Has anyone contacted the Taxpayer Advocate Service about this kind of issue? They're supposed to help with systemic problems like this, and it sounds like new SSNs not being recognized is a recurring issue that affects lots of people.
I contacted them last year for a similar issue. They were helpful but told me the database sync delay is a known limitation in the system. Their advice was the same - wait 2 weeks after receiving a new SSN before e-filing. They can help if there are other complications, but for the standard delay, there's not much they can do to speed it up.
Make sure you have good documentation to back up your claim - my friend got audited over this exact situation. Helpful things to have: school records showing your address as the kid's residence, medical receipts showing you paid for care, any documentation from the mom acknowledging the living arrangement, and a calendar showing how many nights the child slept at your house vs. hers.
Thank you for this advice. What kind of documentation would show the mom acknowledges the living arrangement? We don't have anything formal since we never went to court over custody.
Text messages or emails where she mentions or confirms the living arrangement can work. If you have any written communication where she acknowledges the child lives with you most of the time, save it. Social media posts can sometimes help too. Child support payments (if you receive any) can also establish the arrangement. If she listed you as a contact on school or medical forms, that's also useful. Even if you don't have a formal custody agreement, building a paper trail of everyday life showing you're the primary caregiver can be very convincing to the IRS.
Has anyone filed this way using TurboTax? I'm in a similar situation and the software keeps asking me about my relationship to the child and I'm not sure which option to pick.
With TurboTax, select "Other eligible dependent" or sometimes they have an option like "Not related but member of household." Then it'll ask if they lived with you for more than half the year - make sure to say yes. It'll calculate the correct credit for you. I've done this for years with my partner's kid.
Vera Visnjic
Don't forget to track ALL your business expenses to offset some of that self-employment income! As a teacher doing curriculum work, you can likely deduct: - Home office space (if used regularly and exclusively for work) - Office supplies - Professional development materials - Reference books - Software subscriptions - Portion of internet bills - Mileage for any work-related drives (not to your teaching job) - Professional organization memberships I learned this the hard way by paying way too much my first year as a 1099 worker.
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Jake Sinclair
ā¢Can you really deduct home internet? I've been working as a freelancer for 2 years and my tax guy never mentioned this! How do you calculate what percentage to deduct?
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Vera Visnjic
ā¢You can absolutely deduct a portion of your home internet if you use it for your freelance work! The key is determining what percentage of your internet use is for business versus personal. A reasonable approach is to estimate the percentage of time you use the internet for work purposes. If you use your home internet 60% for business and 40% for personal, you can deduct 60% of the cost. Just make sure you can justify this percentage if questioned. Keep good records showing your work patterns and be prepared to explain your calculation method. Some people also base it on the number of devices in the home and how many are used for business.
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Brielle Johnson
Has anyone used a SEP IRA to reduce their self-employment tax burden? I'm teaching part time and doing consulting work, making about the same as you ($42K from 1099s) and my accountant suggested I open one to shelter some income.
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Honorah King
ā¢SEP IRAs are amazing for self-employed people! You can contribute up to 25% of your net self-employment income up to $66,000 (for 2023). It directly reduces your taxable income. I've been using one for years for my tutoring business alongside my teaching job.
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