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One thing to be careful about - make sure you're actually eligible for the EITC in the first place. If you don't have qualifying dependents and are under 25, you might not qualify regardless of which year's income you use. The age requirements changed a couple times in recent years.
Thanks for mentioning this. I do have 2 qualifying dependents (my kids), and I'm 32, so I should be eligible. Does the amount of unemployment I received last year affect my eligibility at all? Or is it just about the earned income portion?
You're definitely eligible with your two qualifying dependents and being over 25. The age requirement is only an issue for people without qualifying dependents. The amount of unemployment you received doesn't affect your EITC eligibility directly because unemployment benefits don't count as earned income. EITC is specifically based on earned income (like wages, salaries, tips, or self-employment). Your unemployment benefits still count as income for other tax purposes, but for EITC calculations, only your $1,300 in earned income would normally be considered - which is why using last year's earned income through the lookback provision would likely benefit you significantly.
Has anyone had issues with their tax software when trying to use the previous year's income for EITC? I'm using FreeTaxUSA and can't figure out where to enter this information.
In FreeTaxUSA, you have to go to the "Credits" section, then look for "Earned Income Credit." There should be a question asking if you want to use your 2023 earned income instead of your 2024 earned income. It's not super obvious but it's definitely there! I just did mine last week.
Just want to add something important - make sure you're actually a non-resident for tax purposes before filing the 1040-NR! The substantial presence test can sometimes qualify international students as residents for tax purposes if you've been in the US long enough. Generally, F-1 students are considered non-residents for their first 5 calendar years in the US, but it gets complicated. If 2019 wasn't your first year in the US, you might have correctly filed the 1040. Double check before amending!
Thanks for bringing this up! 2019 was definitely my first year in the US - I arrived in August 2019 for fall semester. I'm certain I should have filed as a non-resident. I just wasn't familiar with US tax laws at all and TurboTax didn't really ask the right questions about my visa status.
Sounds like you're definitely right to amend then! Just wanted to make sure since I've seen people mistakenly amend when they were actually residents for tax purposes. For your first partial year in 2019, the 1040-NR is absolutely the correct form. Good luck with the amendment!
Has anyone successfully received a refund after amending from 1040 to 1040-NR? I'm in a similar situation but from 2021, and wondering if it's worth the hassle if I'm owed money back.
I amended my 2020 return last year and did get a refund! It took about 7 months to process but I eventually got a check for $642. The key was documenting everything very clearly and including all supporting materials.
Another thing to check is if your company has an ESPP (Employee Stock Purchase Plan) running simultaneously with your RSU grants. I thought I was being double-taxed on my RSUs, but it turned out some of the shares I was seeing disappear were actually being used to fund my ESPP contributions which were coming out of my after-tax salary. Check your benefits enrollment to see if you might have signed up for an ESPP when you started. Sometimes these are opt-out rather than opt-in at some companies.
I hadn't considered this possibility! I did enroll in several benefit programs when I started, and I vaguely remember something about stock purchases. How would I tell the difference between ESPP transactions and RSU withholding? Do they show up differently in the transaction history?
They should show up as completely different transaction types in your history. RSU withholding usually shows as "sell to cover" or "net settle" while ESPP purchases typically show as "ESPP Purchase" or sometimes "Employee Stock Purchase." The timing is also different - RSU withholding happens immediately when shares vest, while ESPP purchases usually happen on specific dates (often at the end of a quarter or 6-month period). In your ETrade account, go to Transaction History and filter by transaction type - you should be able to see them categorized separately.
Just a heads up that RSU taxation can vary by country too! If you're outside the US or work for a multinational company, the rules might be different. I work for a US company but I'm based in Canada, and my RSU taxation is completely different from my US colleagues.
This is super important! I'm in the UK working for a US company and was completely confused by my RSU taxation until I realized I needed UK-specific advice. My company's HR kept sending me US tax documentation which didn't apply to me at all.
I'm in the US, but this is a good point. I wonder if there could be something unusual about my company's specific RSU plan. Is there a way to get the official plan documentation? Would that be something HR should provide?
When I did my amended return last year, I actually went to an IRS Taxpayer Assistance Center in person and they helped me with the W2 issue. You need an appointment, but they can review everything before you mail it to make sure it's correct. Saved me a lot of headache.
Do you need to bring anything specific to the appointment? I'm thinking of doing this but not sure what to take with me.
You need to bring your photo ID, social security card or tax ID number, and all relevant tax documents for your situation. In your case, that would mean your original return, the completed 1040-X form you plan to submit, and all supporting documents including your W2 form. It's also helpful to bring any notices you've received from the IRS about the issue you're trying to fix. Make an appointment online or by phone before going - they don't take walk-ins anymore.
Anyone else notice how much more complicated filing taxes has gotten in the last few years? I feel like I used to just be able to e-file everything without all these document attachment issues.
It's because the IRS systems are super outdated. They still process paper returns using technology from the 1960s. That's why there are so many weird rules about how to attach documents.
Keisha Thompson
When dealing with a CP2000, make sure you respond within the deadline (usually 30 days) even if you don't have all your documentation yet! You can request more time, but only if you acknowledge the notice first. Also, if you can't get all your bank records, try looking through your email for transaction confirmations from when you initially transferred the money. Most crypto exchanges send email receipts for deposits.
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Tyrone Johnson
ā¢That's good to know about responding within the deadline regardless. My notice says I have until May 3rd to respond. Do you know if a partial response is better than nothing if I'm still gathering all my documentation?
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Keisha Thompson
ā¢Absolutely - a partial response is much better than no response. Just make sure to clearly state in your letter that you're still gathering additional documentation and will submit it as soon as possible. I'd suggest sending what you have by the deadline along with a letter explaining your situation and requesting an extension for the remaining documentation. Be specific about what additional records you're trying to obtain and when you expect to have them. The key is showing the IRS you're actively working on resolving the issue, not ignoring it.
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Paolo Bianchi
One thing nobody mentioned - check if your crypto exchange sent a corrected 1099 to the IRS! Coinbase and several others had to issue corrections for tax years 2020-2023 because they initially reported gross proceeds without cost basis information. You might want to contact Gemini's bankruptcy administrators to see if they can provide transaction records for your account. Even bankrupt companies typically maintain record access for tax purposes.
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Yara Assad
ā¢This is super important advice! Happened to me with Kraken - they sent a corrected 1099 but the IRS used the original incorrect one for my CP2000 notice. Took me forever to straighten out.
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