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One important thing your aunt and uncle should look into is whether they qualify for the "dual-status alien" filing in their first year. This lets them file as nonresidents for part of the year before they got their green cards, and as residents after. Also, they should definitely check if their home country has a tax treaty with the US. Many treaties have "tie-breaker rules" that can determine which country has primary taxing rights when someone has connections to both countries.
Do tie-breaker rules automatically apply or do you have to specifically claim them somehow? And would using them affect their green card status?
You have to specifically claim treaty benefits by filing Form 8833 (Treaty-Based Return Position Disclosure) with your tax return. It's not automatic - you need to identify which specific treaty provision you're claiming and explain why it applies to your situation. Using tie-breaker rules can potentially affect immigration status long-term. The IRS and USCIS don't directly share this information, but claiming to be a non-resident for tax purposes while holding a green card can raise questions about your intent to permanently reside in the US during future immigration proceedings. It's a bit of a balancing act that should be discussed with both a tax professional and an immigration attorney.
Has anyone here dealt with form 8840 (Closer Connection Exception Statement)? I heard green card holders can't use it, only visa holders who meet substantial presence but want to claim closer connection to another country. Is that right?
That's correct. Form 8840 is specifically for non-resident aliens who meet the substantial presence test but wish to claim a closer connection to a foreign country. Green card holders cannot use Form 8840 because they're already considered U.S. tax residents regardless of their physical presence. The only way for green card holders to be treated as non-residents for tax purposes is through an applicable tax treaty using Form 8833, or if they've formally abandoned their permanent resident status.
Another option might be to verify the SSN issue with the Social Security Administration first, rather than assuming it's just because the SSNs are new. There could be a discrepancy between what's on the card and what's in their system. I had a similar issue last year where the client had a child with a perfectly valid SSN from the previous year, but their last name had changed due to adoption. The SSA had the update but it hadn't propagated to the IRS yet. Have you checked that the Social Security records match exactly what you're entering? Name spelling, birth date, everything? Sometimes these minor differences cause rejections even when the SSN itself is valid.
That's a great point I hadn't considered! I did confirm with the parents that the names on the Social Security cards match exactly what we're entering on the return, including middle initials and spelling. Birth dates also match perfectly. The only unusual aspect is that these are twins born in December, but they didn't receive their actual SSN cards until February this year. I'm wondering if maybe the SSA records could have some discrepancy even though the physical cards look correct?
Twins born in December with SSNs issued in February definitely points to the "new SSN not in database" issue. But it's always worth double-checking with SSA directly just to rule out any other problems. You can verify the SSNs with the Social Security Administration by going to their office with your clients (with proper authorization forms) or by having your clients request a Social Security Statement. If everything checks out with SSA, then it's almost certainly just the delay in the information transfer between SSA and IRS systems. Given that information and the timing, I'd probably recommend paper filing now rather than waiting for an extension. Even with the current backlog, the paper return should still be processed well before October.
Don't forget that there's a significant difference in how quickly different IRS processing centers handle paper returns. Where your clients live makes a huge difference! Paper returns sent to the Austin center seem to be moving faster right now (about 5 weeks), while Kansas City is taking closer to 8-9 weeks based on what I've seen with my clients this season. Make sure to use certified mail with tracking so you have proof of when it was delivered! I've had clients' paper returns get "lost" before, and the tracking receipt was the only thing that saved us from having to resubmit and start the clock all over again.
Don't forget to set aside money for your state taxes too! Everyone's talking about federal, but depending on your state, you might need to make estimated state tax payments as well. I learned this the hard way last year when I got hit with a state underpayment penalty even though I was current on my federal payments.
I completely forgot about state taxes! Do I need to make quarterly payments to the state too, or is that a different process from the federal estimated payments?
Yes, many states require quarterly estimated tax payments similar to the federal system, though the due dates and calculation methods might be slightly different. Your state's department of revenue or taxation website should have forms and information specifically for estimated taxes. Some states even have lower thresholds than the federal government for when you're required to make estimated payments, so don't assume the rules are identical.
One thing I'd suggest is using tax software that's good for self-employment rather than the basic versions. I tried using the free online one I normally use and it was a nightmare for handling my tutoring side gig. TurboTax Self-Employed or H&R Block Self-Employed are worth the money imo.
I've heard good things about FreeTaxUSA too. Much cheaper than TurboTax but still handles self-employment well. Anyone tried it?
Make sure you consider all your income sources when filling out the W4. Since the 2020 redesign, the form is supposed to be more accurate but it's also more complicated. If you have any investment income, side hustles, rental property, etc. that might not have withholding, you'll need to account for that by either doing quarterly estimated payments or increasing your withholding at your main job.
Thanks for bringing this up! I do have about $3,000 a year from a small side gig. Should I be accounting for that directly on the W4 or should I be doing those quarterly payments you mentioned?
For $3,000 in side income, you have two options. You can include it on your W4 by adding the estimated tax amount in Step 4(a) as "other income" which will increase your withholding from your main job to cover it. Alternatively, you could make quarterly estimated payments. This is often better if your side income fluctuates a lot. The rule of thumb is if you expect to owe more than $1,000 at tax time, you should make estimated payments to avoid an underpayment penalty. For $3,000 in extra income, you're probably looking at around $500-700 in additional tax depending on your tax bracket.
Don't overthink this! The W4 isn't as complicated as people make it out to be. For your situation, just check "married filing separately," put your dependent in Step 3, and leave the rest blank if you only have one job with no other income. If you want to be super safe, put an extra $50 per paycheck in line 4(c) for additional withholding. Better to get a small refund than owe!
This is bad advice. Blanket recommendations like "put an extra $50" don't account for specific situations. That could be way too much or too little depending on income level and other factors. The whole point of the new W4 is to be more precise.
Alicia Stern
Just an additional tip - you mentioned using Melio for the second payment, which is smart. For future reference, there are several business-focused payment platforms that make tax reporting much cleaner: Bill.com, Melio, and QuickBooks Payments all integrate directly with accounting software and automatically track contractor payments for 1099 purposes. Costs a bit more in fees than PayPal friends & family (obviously), but the tax compliance and automatic tracking is totally worth it.
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Gabriel Graham
ā¢Do those services automatically generate and file the 1099-NECs at the end of the year? That's my biggest headache with contractors.
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Alicia Stern
ā¢Yes, all three services I mentioned can automatically generate and e-file 1099-NECs based on the payments you've processed through them throughout the year. They collect and verify contractor W-9 information upfront and track all payments. QuickBooks is probably the most comprehensive if you use their accounting system too, but even standalone Melio or Bill.com will handle the 1099 filing process. They usually charge a small fee per 1099 (like $3-5 each), but the time saved and accuracy is absolutely worth it compared to manually preparing them.
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Drake
I messed this up last year too! My accountant told me that for small amounts like this, the practical reality is that as long as YOU report it properly as a business expense and issue the 1099-NEC, and your contractor reports the income on their taxes, the IRS generally won't flag anything. The biggest problem happens when you deduct it but don't issue a 1099, then the contractor also doesn't report it as income. That's when audits happen.
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Sarah Jones
ā¢I agree with this. I've been running a small photography business for 5 years and have occasionally messed up payment classifications. As long as you issue the correct 1099s at tax time, how you actually transferred the money is less important. The IRS wants the income reported correctly on both sides.
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