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I just want to add one thing from my experience - if you received a scholarship or fellowship, the tax treatment can be COMPLETELY different on 1040NR vs 1040! On a regular 1040, qualified education expenses reduce the taxable portion of scholarships. But on 1040NR, for many non-resident students, scholarship/fellowship for tuition and fees is completely non-taxable without reducing your education credits. Also, many tax treaties allow for reduced taxation on personal services income for students/researchers. I nearly overpaid $3200 by using the wrong form initially.
This is so important! When I amended from 1040 to 1040NR last year, I discovered my country's tax treaty exempted the first $5000 of my teaching assistant income completely. The tax software I originally used had no idea about this!
Don't forget to include Form 8843 with your 1040NR amendment! This is required for all F, J, M and Q visa holders even if you have no income. I missed this when amending my return and it caused delays. Also, make sure you're using your correct residency status. The substantial presence test works differently for students vs other visa types, and it's easy to calculate wrong. If you've been in the US for more than 5 calendar years on an F visa, you might actually need to file as a resident alien (1040) rather than non-resident (1040NR).
Thanks for mentioning Form 8843! Do I need to include that with the amendment even if I already submitted it with my original (incorrect) 1040 filing?
Yes, you should still include Form 8843 with your amendment package even if you filed it with your original return. The amendment is essentially a complete revised return, so all required forms should be included. When the IRS processes amendments, they prefer having all relevant forms together in one package rather than having to reference parts of your original filing. The good news is you can just use a copy of the same Form 8843 you submitted originally (assuming the information on it was correct). No need to complete a new one unless something on it needs correction.
Just to add another perspective - I've been living in Germany for 12 years as a dual citizen. Here's my practical advice based on experience: 1. File your US taxes ASAP. Use the Streamlined procedures mentioned above. 2. Don't stress about your upcoming visit - I've traveled back and forth dozens of times with no issues. 3. Once you're caught up, staying compliant is much easier. I spend about 2 hours per year on my US taxes now. 4. Consider your banking situation carefully - many foreign banks now refuse US citizens as clients due to FATCA reporting requirements. 5. If you have over $200K in foreign assets, you'll also need to file Form 8938. The biggest pain isn't usually owing US tax (the exclusions and credits typically cover everything) - it's just the complexity of the filing requirements and restrictions on certain types of investments.
What about retirement accounts in foreign countries? I have something similar to a 401k in Australia, and I've heard conflicting things about how the US treats these accounts.
Foreign retirement accounts are one of the trickiest areas for US expats. Unfortunately, unless there's a specific provision in the tax treaty between the US and your country (like there is for Canadian RRSPs), the US often doesn't recognize the tax-deferred status of foreign retirement accounts. For Australian superannuation accounts, they exist in a gray area. Some tax professionals treat them as equivalent to US retirement accounts, others report them as foreign trusts requiring complex reporting, and others treat them as regular investment accounts. Recent IRS guidance has leaned toward treating them as foreign pension plans, but it depends on your exact situation. I recommend getting specific advice on this issue from a tax professional who specializes in US-Australia tax matters, as getting it wrong can have significant consequences.
Hey OP, don't feel bad - I was in your exact situation 5 years ago with dual US/UK citizenship. Freaked out before a trip home thinking I'd get arrested at the airport! š A few practical tips that helped me: For your immediate trip, bring proof of your residence and employment abroad. Not for immigration (they won't ask), but it helps if you ever need to demonstrate you qualify for foreign income exclusions. Look into getting a tax ID number for your spouse if they're not a US citizen - you may need it for certain filing statuses. Watch out for "foreign" investment traps - things like foreign mutual funds are taxed HORRIBLY by the US (called PFICs). Stick to US-based investments if possible. Consider hiring a specialized expat tax preparer for your catch-up filings, then do it yourself going forward. The first year is the hardest!
Thank you for sharing your experience! It's reassuring to hear from someone who's been through the same situation. I was definitely imagining scenarios where I'd be pulled into secondary inspection and questioned about my tax situation! Did you use the Streamlined Filing Procedures that others mentioned? And how long did the whole process take from starting to get compliant until you were fully caught up with the IRS?
Yes, I used the Streamlined Filing Procedures - it was fairly straightforward but took about 3 months from start to finish. I gathered all my foreign tax documents, bank statements, and employment records first (that was the most time-consuming part). Then I worked with a tax preparer who specialized in expat issues to complete the necessary forms. The actual filing involved submitting 3 years of back tax returns along with a statement explaining why I failed to file (I just honestly explained I didn't understand my obligations as a dual citizen living abroad). For the FBAR forms (reporting foreign accounts), I had to file 6 years worth. About 4 months after submission, I received notices confirming everything was processed. I didn't owe any taxes thanks to the Foreign Earned Income Exclusion and Foreign Tax Credits for taxes I'd already paid in the UK.
If you want something more comprehensive but still readable, "Federal Income Taxation of Individuals" by Boris Bittker, Martin McMahon and Lawrence Zelenak is fantastic. It's considered a classic among tax practitioners. Also don't overlook free resources! The IRS publishes detailed publications on specific topics that are surprisingly readable. Publication 17 (Your Federal Income Tax) is basically a free comprehensive guide to individual income tax.
Thanks for these suggestions! Is the Bittker book still relevant with all the recent tax changes? And I've tried looking at some IRS publications but found them a bit hard to navigate - any tips on how to use them effectively?
The core principles in Bittker's book remain relevant as they explain the foundational concepts that don't change much. For the newest regulations, you'll want to pair it with current IRS publications. For navigating IRS publications, start with the table of contents rather than reading straight through. They're designed as reference materials. Publication 17 has a great index - identify what topics you're interested in and jump to those sections. Also, the IRS website has a "Tax Topics" section that organizes publications by subject matter which makes finding relevant information much easier.
Don't waste your money on expensive tax books. Everything you need to know is available for FREE online. The IRS website has all their publications, and Cornell Law School's Legal Information Institute has the entire tax code searchable online. If you still want a physical book, go to your local library! They usually have current tax guides you can borrow instead of buying.
Another option is to contact the company you worked for in 2018. Their HR/payroll department should have records of your W-2 from that year. Even if they don't have the full tax return, having your W-2 would show your state withholding amounts, which seems to be what you need to disprove the state's claim. Most companies keep payroll records for 7-10 years (even though they're only required to keep them for 4), so there's a good chance they still have this information. Reaching out to them might be faster than waiting for the IRS.
I actually tried this already but unfortunately the company I worked for in 2018 was bought out in 2020 and the new owner purged a lot of the old records. They told me they only kept the "legally required minimum" which apparently didn't include my 2018 W-2. Really frustrating since this would've been the easiest solution!
That's definitely frustrating! In that case, your next best option is to request a Wage and Income Transcript from the IRS, which will show all reported W-2 information. This is different from the Tax Return Transcript you tried to access online. You can request this specific transcript using Form 4506-T (check box 8 on the form). Even though the online system only goes back to 2020, the IRS can provide Wage and Income Transcripts going back 10 years when requested via mail or fax using this form. This would show exactly what was reported to them on your W-2, including state withholding information.
Just FYI - I deal with state tax audits for a living, and you should know that the burden of proof is actually on THEM to show you didn't pay taxes, not on you to prove you did. Ask them what evidence they have that you paid $0 in state taxes that year. Also, double-check the statute of limitations in your state. Many states have a 3-year limitation on tax assessments unless they suspect fraud. A 2018 audit in 2025 is outside that window unless they're alleging fraud or non-filing.
This is not entirely accurate. While the burden of proof does shift in certain circumstances, the general rule is that taxpayers bear the burden of proving their income, deductions, and credits. If the state is claiming you had income but paid no tax, they usually have some evidence of the income (like W-2 reporting) but are claiming you never filed or paid. The statute of limitations point is valid though - worth checking your state's specific rules.
Payton Black
Don't overlook accountants who are Xero or QuickBooks certified with eCommerce experience. I found mine by specifically searching for "Xero certified eCommerce accountant" and found someone who works remotely with clients across the US. Biggest advice: during your initial consultation, ask SPECIFIC questions about economic nexus thresholds, marketplace facilitator laws, and inventory accounting methods. If they stumble or give generic answers, move on immediately!
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Harold Oh
ā¢This is great advice. What specific questions would you recommend asking to really test if they know eCommerce? And did you find someone who charges flat monthly rates or hourly?
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Amun-Ra Azra
Jumping in late, but wanted to add - sometimes industry-specific forums like r/FulfillmentByAmazon or Shopify's partner directory can lead you to accountants who truly understand this space. That's how I found mine, and she's been invaluable in helping me navigate not just the sales tax issues but also things like: - Properly categorizing advertising spend across platforms - Handling inventory write-offs for damaged or obsolete products - Structuring my business to minimize self-employment taxes - Setting up proper accrual accounting for prepaid inventory Don't be afraid to look beyond traditional accounting directories!
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