Thanks for the additional information! I'm actually on a J1 as a researcher, so I guess the 2-year exempt individual rule would apply to me. Does that mean I'm automatically considered a nonresident alien for tax purposes regardless of how long I've been here?

As a J1 researcher, you're considered an "exempt individual" for 2 out of the last 6 calendar years. This means that during those "exempt" years, your days of presence in the US don't count toward the substantial presence test. So if this is your first calendar year in the US, you would generally be considered a nonresident alien for tax purposes regardless of how many days you've been physically present. However, being married to a US citizen gives you a special option: you can elect to be treated as a US resident for tax purposes by filing a statement with your tax return (using the Form 8833 that others have mentioned). This is almost always financially beneficial because it allows you to file jointly with your spouse and access more favorable tax rates and certain credits that aren't available to nonresidents.

I tried using TurboTax last year in this exact situation and it was a disaster. The software kept getting confused with the residency election forms. It couldn't handle the treaty benefits properly either. I ended up having to get help from a CPA who specializes in international taxation and he had to correct a bunch of mistakes the software made.

Ugh, that's what I was afraid of. I've always done my own taxes with TurboTax but this J1/marriage situation seems way more complicated. Did the CPA cost a fortune? I'm on a pretty tight budget with my research stipend.

Great question! Scholarships are treated differently than earned income. If your scholarship is tax-free (used for qualified education expenses like tuition and required books), it's not reported as income on any state return. If part of your scholarship is taxable (used for room and board, for example), it's generally considered income in your state of residency, not the state that provided the scholarship. So in your case, if you're a Pennsylvania resident for tax purposes (which most full-time students are for their school state), any taxable portion of your scholarship would be reported on your PA return, even though the scholarship came from Ohio.

Omg that sounds like a nightmare! Have you figured out how to handle it? I'm stressed just about my two states!

It's been... a process lol. I ended up paying for a consultation with an accountant who specializes in multi-state issues. Definitely worth the $150 for the peace of mind. He said I need to file: - Resident return for Massachusetts (my tax home as a student) - Non-resident returns for California and New York - And the freelance income gets reported on all three (but with credits to avoid triple taxation) The European travel didn't matter tax-wise since I wasn't there long enough to trigger any foreign filing requirements. My advice: if you have more than 2 states, just pay a professional. The stress reduction is worth it!

Thanks for mentioning this! He's from Argentina, so I'll definitely check Publication 901. Do you know if I can still claim a treaty benefit even though taxes were already withheld on the 1042-S? And would I need to file any additional forms to claim this?

Yes, you can absolutely still claim treaty benefits even if taxes were already withheld! This happens frequently when students don't complete Form W-8BEN with their university at the beginning of their studies. The university withholds at the standard rate, but you can claim the treaty benefits when you file your return. For Argentina, check Article 22 of the US-Argentina tax treaty. You'll likely need to file Form 8833 (Treaty-Based Return Position Disclosure) along with your tax return to claim the benefit. TurboTax should prompt you for this form when you indicate you're claiming a treaty benefit.

Completely agree! I used to work at one of those tax prep chains, and we received almost no training on international forms. When I got a client with a 1042-S, I had to google it just like everyone else. CPA firms that advertise international tax services are definitely worth the extra money in these situations.

Exactly. Those national chains typically provide their preparers with only about 60-80 hours of training, which simply isn't enough to cover complex international tax situations. Most of that training focuses on common scenarios like W-2 income, child tax credits, and standard deductions. International taxation requires understanding tax treaties, foreign tax credits, and special forms like 8833 and 8843 that most preparers rarely encounter. A specialized CPA might charge more upfront but can prevent expensive mistakes or missed opportunities for tax savings.

Thanks for bringing this up - I had no idea they could just file a return for me! Do you know how long it typically takes before they do that? I'm trying to get all my paperwork together and I'm hoping I haven't hit that point yet.

It varies, but they typically start the SFR process 1-3 years after the return was due. Since your 2021 return would have been due in April 2022, they might be preparing an SFR soon if they haven't already. You can find out by requesting an account transcript from the IRS website. If you see a code 150 with "Substitute for Return" next to it, that means they've already filed one for you. But even if they have, you can still file your own return which will replace their SFR and potentially reduce what you owe significantly.

Be very careful with those tax relief companies. What they're referring to is an Offer in Compromise (OIC), which is legitimate but rarely approved. In 2020, only about 30% of OICs were accepted. These companies often charge thousands of dollars upfront with no guarantee of results. They're essentially offering what you can do yourself by filling out Form 656. To qualify for an OIC, you generally need to prove you can't pay through an installment agreement AND the full amount would cause financial hardship. For someone with steady salary income like the original poster, an OIC is unlikely to be approved unless there are significant other financial hardships.

This is so helpful! I had no idea the education credits phase out at higher incomes. Is there any way to still benefit from education expenses if you're above the income limits? I'm in a similar situation making around $105k and taking night classes.

There are still some options available even above the phase-out limits. While the American Opportunity Credit and Lifetime Learning Credit may not be available at your income level, you might qualify for the Tuition and Fees Deduction, which has higher income limits. Another option to consider is whether your education might qualify as a work-related education expense, which could potentially be deductible as an employee business expense in some situations. The rules are strict though - the education must be required by your employer or by law to maintain your current position, or it must maintain or improve skills needed in your current job.

I didn't even think about that! I live in Illinois but my company is based in Wisconsin. I'll definitely check my state withholding too. How bad was the hit when you fixed both state and federal withholding? I'm worried about my take-home pay dropping too much all at once.