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One thing to consider with the closer connection exception - make sure you're calculating your days correctly for the substantial presence test! I messed this up initially. Remember it's: - All days present in current year - 1/3 of days present in prior year - 1/6 of days present in 2nd prior year I thought I was under the threshold but had miscounted my days from previous years. Double check your calculations!
Amara Nwosu
ā¢Wait this is confusing me. So if I was in the US for 120 days this year, 90 days last year, and 60 days the year before, how do I calculate this? Is it 120 + (90/3) + (60/6)?
Yes, you've got it right! For your example it would be: 120 + (90/3) + (60/6) = 120 + 30 + 10 = 160 days. Since that's less than 183, you wouldn't meet the substantial presence test based on those numbers. But remember, if you're in the US at least 31 days in the current year AND you hit or exceed 183 days with this calculation, then you meet the substantial presence test and would be considered a US resident for tax purposes unless you qualify for exceptions like the closer connection.
Honestly, the closer connection exception saved me a ton of headache. I'm from Australia and was working on a project in the US that kept getting extended. Filed Form 8840 last year and had no issues. One tip - document EVERYTHING. I kept copies of foreign utility bills, property tax statements, club memberships, and even church donations back home. Never needed to provide them, but having that documentation ready gave me peace of mind.
Did you use any particular tax software to file the 8840? I'm trying to figure out if I can just submit it on its own or if I need to file it with a tax return.
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19 Be careful about the pro-rata rule! Everyone keeps saying your backdoor Roth conversion isn't taxable, but that's only completely true if you don't have any other pre-tax IRA money anywhere (Traditional, SEP, or SIMPLE IRAs). If you have other IRA accounts with pre-tax money, the conversion gets taxed proportionally. For example, if you have $95,000 in pre-tax IRA funds and do a $5,000 non-deductible contribution followed by a conversion, about 95% of your conversion would actually be taxable. The IRS looks at all your IRAs together when calculating this (called the pro-rata rule). Form 8606 handles this calculation. This trips up a lot of people and some tax preparers too.
7 This is super important info - I had no idea! If you have existing Traditional IRA money, is there any way to still do a backdoor Roth without triggering this pro-rata rule? I've got about $30k in an old Traditional IRA.
19 Yes, there's a workaround! If your employer's 401(k) plan accepts rollovers from IRAs, you can roll your existing pre-tax IRA funds into your 401(k) before doing the backdoor Roth. Since 401(k)s don't count in the pro-rata calculation, this effectively zeroes out your pre-tax IRA balance. This only works if your 401(k) plan allows for incoming rollovers from IRAs, so you'll need to check with your plan administrator. If this is possible, you could roll the $30k into your 401(k), then do a clean backdoor Roth conversion without pro-rata tax consequences. Timing matters though - you'd need to complete the rollover to the 401(k) before December 31 of the tax year you're doing the conversion.
21 Has anyone successfully gotten the IRS to correct this issue AFTER filing returns where the CPA incorrectly taxed the entire backdoor Roth conversion? I just realized my returns from 2021-2023 all have this same mistake.
4 You can file amended returns (Form 1040-X) for the previous years where this mistake was made. You'll also need to include Form 8606 for each of those years to establish your non-deductible basis. The statute of limitations for amending returns and claiming refunds is generally 3 years from the original filing date, so your 2021-2023 returns should all still be eligible for amendment.
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One thing nobody's mentioned - you might want to check if you qualify for the first-time homebuyer exception for early 401k withdrawals. You still have to pay income tax on the withdrawal, but you can avoid the 10% early withdrawal penalty if you used the money for qualifying first-time home purchase expenses (up to a $10,000 lifetime limit). If you're under 59.5 years old and the IRS included that 10% penalty in their calculation, you should definitely dispute that part of the notice by showing documentation that the money went toward your home purchase.
Andre Dupont
ā¢Wait, really? Does that mean I could potentially reduce what I owe? The notice does include something about an early withdrawal penalty. What kind of documentation would I need to prove it was for our home purchase?
Yes, if you're being charged the 10% early withdrawal penalty and you qualify for the first-time homebuyer exception, you could reduce your bill by that amount. For a $40,000 withdrawal (just guessing based on your tax amount), that could be around $4,000 in savings! You'll need documentation showing you used the funds for home purchase expenses within 120 days of the withdrawal. This could include your closing statement, purchase agreement, and records showing the money transfer from your 401k to your bank account and then to the closing. Submit these along with a letter explaining you qualify for the exception under IRC Section 72(t)(2)(F).
NebulaNinja
I got a huge tax bill for not reporting my Robinhood stocks a couple years ago. The penalty and interest were insane! I called the IRS and asked for a first-time penalty abatement since I had no previous tax issues. They removed over $2,000 in penalties just like that. You should definitely ask about this! The worst they can say is no, but if you've had a clean tax record for the past 3 years, there's a good chance they'll approve it.
This is great advice! I did the same thing when I got hit with penalties for underpayment. Called and politely explained it was my first mistake, and they waived all penalties. They won't offer this unless you specifically ask for "first-time penalty abatement." You'll still owe the taxes and interest, but removing penalties can make a big difference.
Andre Dupont
ā¢Thank you both! I'll definitely ask about this. I've never had any tax issues before, so hopefully I'll qualify. Even if they just remove the penalty portion, that would be a huge help.
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Edwards Hugo
International student advisor here (not tax advice, just experience). The confusion stems from what's "required" vs what's "enforced." Technically, you should file a 1040NR to report ALL US-source income, even if exempt. But in practice, many students with ONLY treaty-exempt income on 1042-S don't file, and the IRS rarely follows up. However, if you have ANY other US income (like your W-2), you absolutely must file and include ALL income sources including the 1042-S amounts. The safest approach is always to file, especially if you plan to remain in the US after graduation or apply for permanent residency.
Thanks for this explanation. Does this mean I've been doing something wrong the past few years? Will this cause problems when I apply for OPT after graduation?
Edwards Hugo
ā¢If you've had mixed income (both W-2 and treaty-exempt 1042-S) and didn't report the 1042-S income on your returns, you might want to consider filing amended returns. The good news is that if you didn't owe additional tax (because the income was truly treaty-exempt), you likely won't face penalties other than possibly interest on late payments if any portion was actually taxable. As for OPT applications, USCIS doesn't typically verify tax compliance for OPT specifically, but they may check this for later immigration benefits like H-1B or permanent residency. They're mostly concerned that you maintained status and followed visa regulations. If you're worried, consulting with an international tax specialist would be worthwhile before your OPT application.
Gianna Scott
Something nobody mentioned yet - you should check Box 7a on your 1042-S form. If it has a treaty code and shows the income is exempt, you technically still need to file but the process is pretty straightforward. You'll need: 1) Form 1040NR 2) Form 8833 to claim the treaty benefits 3) Copy of your 1042-S attached My university's tax software (Glacier) handles this automatically and even told me which treaty article applies to my country. Much less stressful than trying to figure it out manually.
Alfredo Lugo
ā¢Does Glacier work for alumni too? I graduated last year but still got a 1042-S for a final scholarship payment in January.
Austin Leonard
Has anyone had success with using the IP PIN method that was mentioned earlier? I'm having the same error code but I'm worried about mailing my return because I really need my refund soon.
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Anita George
ā¢I used the IP PIN option last year when I had this same issue. You can request one through the IRS website, but it takes about 2-3 weeks to arrive by mail. Once you have it though, it bypasses the AGI verification completely. Worked perfect for me!
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Austin Leonard
ā¢Thanks for the info! Did you have to verify your identity to get the IP PIN? I tried making an IRS account before and couldn't get past their verification steps.
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Abigail Spencer
Another option - if you still have an account with the tax software you used last year, log in and check if they show the "IRS accepted AGI" rather than just what you entered. Sometimes there's a difference. In my case, I thought my AGI was $63,240 based on my return, but when I checked my TaxAct account from last year, they had a note saying "IRS processed AGI: $63,140" - a $100 difference due to some adjustment. Used that number and it worked right away.
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Kiara Fisherman
ā¢Just tried logging into last year's TurboTax account and they do actually show the "IRS Accepted AGI" which is different from what's on my PDF by about $200! Apparently there was an adjustment made. Going to try filing again with this number - fingers crossed!
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