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Something important that hasn't been mentioned yet - you should check if you might qualify for renouncing your US citizenship to avoid future filing requirements. Many accidental Americans choose this route once they resolve their back taxes through the Streamlined program. The process involves getting a US passport first (weird, I know), then renouncing at a US embassy. If your net worth is under $2 million and you can certify tax compliance for the past 5 years, you can avoid the exit tax. Given your disability and limited income, this might be the best long-term solution once you've sorted the immediate inheritance issue.
Thanks for mentioning this. I hadn't even thought about renouncing, but it makes sense for the long term. Would I still need to report the inheritance before renouncing? And about how much does the whole renunciation process cost?
Yes, you would need to become tax compliant before renouncing, which means reporting the inheritance and filing the required back taxes through the Streamlined program. The US won't let you renounce to escape tax obligations, so addressing your current situation is the first step. The renunciation process itself currently costs $2,350 USD in government fees, which is unfortunately quite high. You'll also need to pay for a US passport first (roughly $165). Some US embassies have long waiting lists for renunciation appointments, so it might take 6-12 months from when you decide to renounce until it's finalized. Despite these costs, many accidental Americans find it worthwhile to avoid a lifetime of US tax filing requirements.
As someone who works with disability clients (though in Canada, not Australia), I'd recommend also checking if receiving this inheritance might affect your disability benefits in Australia. Many disability programs have asset limits, and while an inheritance might be exempt, you sometimes need to report it or set up a specific type of trust.
This is such important advice! My cousin lost her disability payments for 6 months because she didn't properly report a much smaller inheritance. Different country, but same concept - many disability programs have strict asset reporting requirements.
23 This happened to my brother last year with a different company. Turns out someone had stolen his identity and was working as a contractor using his SSN. Definitely check your credit reports ASAP and consider putting a freeze on your credit while you sort this out. Also, file an identity theft affidavit with the IRS using Form 14039 if you confirm someone else is using your info. The sooner you report it, the easier it is to clean up the mess.
16 How long did it take your brother to resolve everything? I'm worried this could drag on for months if it's actually identity theft.
23 It took about 3-4 months total to completely resolve everything. The credit freeze was immediate and stopped further damage. The IRS part took longest - about 2 months to process the identity theft affidavit, then another month or so to clean up the tax issues. The most important thing is documenting everything. He kept a detailed log of all communications, sent everything certified mail, and followed up regularly. Being proactive made a huge difference in how quickly things got resolved.
2 Quick question - has anyone successfully gotten a company to actually revoke an incorrect 1099 after it's been issued? I'm dealing with something similar and the company is saying they can't just cancel it once it's sent to the IRS.
19 Yes! I had this happen with a client payment system. They initially refused to cancel the incorrect 1099, but after I escalated to a supervisor and sent them IRS Publication 1281 (which specifically discusses correcting information returns), they issued a corrected 1099-NEC with $0 in Box 1. The key is getting to someone who actually understands tax reporting requirements.
I'm a little confused about how this works. If the partnership earns income but you can't access it due to a lockup, are you basically paying taxes with your own money on income you haven't received yet? That seems unfair.
Yes, that's exactly what happens and it's called "phantom income." It's one of the downsides of partnership investments. You're taxed on your share of partnership earnings whether or not they distribute that cash to you. Think of it this way: the partnership is not a separate taxpayer - it's a pass-through entity. So when the partnership earns $100, and you own 10%, it's treated as if YOU earned $10 directly, regardless of whether they distribute that $10 to you or keep it in the business. The lockup only affects when you can withdraw your capital, not when income is recognized for tax purposes.
Can someone clarify what happens when you eventually DO get access to the money after the lockup period? Do you get taxed again when you actually receive the cash?
No, you don't get taxed twice. When you eventually receive distributions, they're generally not taxable again (assuming they don't exceed your basis in the partnership). The distribution is basically a return of capital that you've already paid tax on. Your basis in the partnership increases by your share of income (that you've already paid tax on) and decreases by distributions. This accounting mechanism prevents double taxation.
Having been an international student advisor for years, I can share that you should definitely use your last US address from when you were physically present in 2019. For the substantial presence test exception, you're on the right track with the citations, but make sure you also complete Part II of Form 8843 completely. Since your OPT was pending and then approved (even though you didn't use it), you maintained your F-1 status during that period in 2019, which means you still qualify for the student exemption from the substantial presence test. Keep in mind that the 5-year rule might impact you soon if you return to the US, since you started in 2013. After 5 calendar years of presence as a student, the substantial presence test exemption begins to have limitations.
Thank you for this detailed information. I've been worried about the 5-year rule. Since I started school in Fall 2013 and left in March 2019, have I already exceeded the 5-year limit for the student exemption? Or does it work by calendar years rather than academic years?
The 5-year rule works by calendar years, not academic years. So if you were first present as a student in 2013, then 2013, 2014, 2015, 2016, and 2017 would be your five exempt years. Starting in 2018, you would need to count days toward the substantial presence test. However, there's an important exception - you can still claim the exemption beyond 5 years if you can establish that you do not intend to reside permanently in the US and you have substantially complied with the requirements of your visa. Since you left the US and canceled your OPT, you have a strong case that you didn't intend to remain permanently, which might allow you to claim the exemption for 2018 and the partial year 2019 as well.
Just a quick tip - make sure you're using the correct version of Form 8843 for the 2019 tax year. The IRS sometimes updates these forms, and using the wrong year's form could delay processing. Has anyone used TurboTax or other software for filing as a former international student? I'm in a similar situation.
I tried using TurboTax for my international student filing and it was a disaster. It's really not designed for nonresident aliens or Form 8843. I ended up having to do it manually. H&R Block has slightly better options for international students but still limited.
StarStrider
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.
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Sean Doyle
โขDo you need to bring anything specific to the appointment? I'm thinking of doing this but not sure what to take with me.
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StarStrider
โขYou 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.
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Zara Rashid
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.
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Luca Romano
โขIt'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.
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