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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?
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.
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.
Does Glacier work for alumni too? I graduated last year but still got a 1042-S for a final scholarship payment in January.
Have you checked if you might have opted into the IP PIN program voluntarily? The IRS started allowing people to opt in even if they weren't identity theft victims. Maybe you did this last year and forgot? Or someone in your household did it for you? Also worth checking if you moved recently - those PIN letters can get lost in the mail or not forwarded properly. The IRS is still pretty paper-based with a lot of their communications.
I definitely didn't opt in voluntarily - I would remember something like that. And I've been at the same address for 3 years now, so it's not a mail forwarding issue. I'm starting to think maybe there was an attempted fraud with my info that I never knew about. I'm going to try calling that specialized unit tomorrow morning. If that doesn't work, might try that Claimyr service people mentioned. I just want to get my taxes filed at this point!
That makes sense - if you didn't opt in and haven't moved, then it's likely either an attempted fraud or an IRS system error. The specialized unit should be able to straighten it out pretty quickly once you reach them. One more tip: if you've created an IRS online account, sometimes you can access your IP PIN there without having to wait for mail or phone calls. Might be worth checking if you already have an account set up on irs.gov.
Has anyone had success using the "Get an IP PIN" tool on the IRS website? I tried using it last year when I had a similar issue but got stuck in an identity verification loop. Wondering if it's improved at all this filing season?
I used it successfully about 3 weeks ago! It's much better than last year. They've streamlined the identity verification process. You'll need a credit card (doesn't get charged, just for verification), a mobile phone in your name, and an email address. The whole process took me about 10 minutes, and I got my IP PIN immediately on screen and via email. No waiting for snail mail. Definitely worth trying before spending hours on the phone.
Just FYI for everyone - I found out through this whole process that there are specific codes on your tax transcript that show if/when you received stimulus payments. If you create an online account at IRS.gov, you can view your tax transcripts and look for code 766 with a description that references "TAX RELIEF CREDIT." That'll show you exactly what you received and when. Makes it much easier to determine if you're missing a payment before going through the whole amended return process. Wish I'd known this sooner!
Thank you so much for this! I didn't know we could check our transcripts online. Is it hard to set up an account? And will it show all three stimulus payments or just the $1400 one?
Setting up an IRS account isn't too difficult, but you need to verify your identity with some specific documentation. You'll need a photo ID, social security number, tax filing status, mailing address from your last return, and some financial account that can be verified (like credit card, mortgage, loan, etc.). The transcript will show all stimulus payments you received, not just the $1400 one. Look for the 766 code with dates in 2020 and 2021. The first payment was $1200, second was $600, and third was $1400. If you're missing any, that's what you would claim on an amended return for the appropriate tax year.
Has anybody here had their amended return actually processed yet after claiming the missing stimulus? I filed mine back in February and the "Where's My Amended Return" tool still just says it's processing. Getting worried since I'm counting on that money.
Another major difference: Tax lawyers have attorney-client privilege, which CPAs don't have to the same extent. This means communications with your tax lawyer generally can't be compelled in court. If you're concerned about potential tax fraud or criminal issues, this is a big deal. CPAs can be forced to testify against you in some situations.
Wait, really? I didn't know CPAs could be forced to testify. Does that mean anything I tell my CPA could be used against me if I accidentally did something wrong on my taxes?
It's a bit more nuanced than that. CPAs do have a limited privilege in certain non-criminal tax matters, but it's not as broad as attorney-client privilege. Generally, if criminal tax issues are involved, a CPA can be compelled to testify. This doesn't mean you should be worried about normal tax planning discussions with your CPA. For typical tax preparation and planning, this distinction rarely matters. It only becomes important if there's potential criminal tax evasion or fraud involved. For most people with legitimate tax questions or mistakes, this isn't something to worry about.
Tax lawyers also typically charge $350-600 per hour while CPAs are usually in the $150-300 range in my experience. Unless you're facing an audit, tax court, or have complex estate planning needs, you're probably better off with a CPA for routine tax matters.
This matches my experience too. My CPA charges $200/hr for business consulting but my tax attorney was $450/hr when I needed help with an IRS dispute. The attorney was worth it though because they got the penalties reduced significantly.
NebulaNinja
I went through the OIC process last year without using any service. Got accepted with a $5,200 settlement on $34K owed. Key things I learned: 1. The IRS looks at your FUTURE earning potential, not just current situation 2. Document EVERYTHING - every expense, every asset, every debt 3. Be realistic about what you can pay - they have standard calculations 4. Follow up regularly - things get lost in their system constantly The process took 9 months from submission to acceptance. The 5% figure is absolutely false. Official IRS stats show acceptance rates between 30-40%.
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Carmen Lopez
โขThanks for sharing your experience! Do you think having the previous counter offer will help his case? Also, did you have to provide any special documentation that might not be obvious?
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NebulaNinja
โขThe previous counter offer is absolutely golden - it shows the IRS was already willing to settle. He should definitely include all documentation from that previous interaction and reference it prominently in his new submission. As for non-obvious documentation, medical bills were huge in my case. The IRS allows for necessary medical expenses, but most people don't document them thoroughly enough. Have him gather EVERY prescription, doctor visit, and medical expense for the past year. Also, if he has any unusual expenses that aren't on the standard IRS forms (like caring for an elderly parent, special education needs for children, etc.), he needs to document these with receipts and explanations. The IRS can be surprisingly reasonable about legitimate unusual expenses if they're properly documented.
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Fatima Al-Suwaidi
Community Tax is overpriced for what they do. They'll charge thousands for what you can do yourself or with reasonably priced help. The 5% claim is definitely a scare tactic to justify their fees. I've worked with several clients who successfully submitted OICs. The biggest mistake people make is not properly documenting their financial situation or submitting incomplete paperwork. The IRS actually provides detailed guidelines on what they're looking for.
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Dylan Mitchell
โขWhat tax software would you recommend for someone wanting to DIY an Offer in Compromise? Can regular software like TurboTax handle this or do you need something special?
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Sofia Morales
โขI used TaxSlayer last year and it doesn't have OIC forms. Had to do those manually. Not sure about other programs though.
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