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Ask the community...

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Emma Wilson

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3 Have you checked if there's a supplemental statement that came with your K-1? Often when there's an asterisk, it means there's additional information on a separate page. Partnership K-1s can be complex and sometimes include multiple pages of supplemental information.

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Emma Wilson

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1 I've looked through everything that was sent to me and don't see any supplemental information specifically about this line. There are a few other pages with details about some other entries but nothing about code AE or what the asterisk means. Should I contact the partnership? They're not always the most responsive.

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Emma Wilson

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3 Yes, definitely contact the partnership that issued the K-1. They're required to provide explanations for any special notations on the form. While you're waiting to hear back, I'd suggest entering it exactly as it appears on your K-1 (with the zero balance) and proceeding past the FreeTaxUSA warning. The code AE specifically relates to Qualified Production Activities Income deductions, which was part of the former Section 199 deduction. Since that deduction was repealed in the Tax Cuts and Jobs Act, it's possible they're reporting a zero balance but including the code for continuity or tracking purposes. The partnership's tax preparer would be able to confirm this.

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Emma Wilson

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5 Is this your first year receiving a K-1 from this partnership? Sometimes they report zero balances in the first year to establish tracking for future years, especially for items like depletion, amortization, or basis tracking.

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Emma Wilson

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9 I've seen this too. My S-corporation K-1 often has codes with zero balances in years where certain activities didn't generate income but need to be tracked for continuity. The software warnings are annoying but can usually be ignored if you're entering exactly what's on the form.

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Have you checked your tax software from last year? If you used TurboTax, H&R Block, TaxAct, etc., you should be able to log in and access all your forms from previous years. Most keep them for at least 3-5 years. That's how I found my 5329 from 2021.

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I actually used a small local tax preparer last year who has since closed their business. I tried reaching out to them directly but their phone is disconnected. I don't have access to whatever software they used. That would've been the easy solution!

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That's unfortunate about your preparer closing shop. In that case, the transcript route others suggested is probably your best bet. For the future, I'd recommend always saving a PDF copy of your complete return somewhere secure like a password-protected cloud storage. I learned that lesson the hard way too. I've had good experiences with the IRS transcript system for basic stuff, but for something specific like Form 5329, you might need to go with one of the other suggestions here to get the full details.

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Emma Davis

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Why do you need the previous 5329 anyway? Are you trying to file a new one this year or dealing with an audit? Depending on what you need it for, there might be easier solutions than tracking down the exact form.

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Good question. I've had to reference previous 5329s when dealing with multiple years of early withdrawals. The IRS sometimes gets confused about which tax years penalties have already been paid for.

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Can I claim the refundable AOTC credit if I was part-time in my final semester?

I'm trying to figure out my eligibility for the American Opportunity Tax Credit (AOTC). I graduated with my Bachelor's degree in May 2023, and during my final semester (January-May), I was only enrolled part-time since I just needed a few classes to finish. I'm getting conflicting information from different tax software. I tried TurboTax first, and it calculated that I should receive $1000 from the AOTC. But when I entered the same information in FreeTaxUSA, it says I should get $0. FreeTaxUSA shows this message: "The 40% refundable part of the American Opportunity Credit is only available if you provided one half or more of your own support during 2023. You are still eligible for the nonrefundable part of the American Opportunity Credit no matter how you answer the question below." Since my parents provided more than half of my support in 2023, I initially thought I wasn't eligible for the refundable portion. But when I read the requirements more carefully, it says: "If you're under age 24, you can't claim the refundable American Opportunity Credit if all three situations below apply to you: 1. You were: * Under age 18 at the end of 2023, or * Age 18 at the end of 2023 and your earned income was less than one-half of your support, or * Over age 18 and under age 24 at the end of 2023 and a full-time student for five months or more and your earned income was less than one-half of your support. 2. At least one of your parents was alive at the end of 2023. 3. You're not filing a joint return with a spouse for 2023." Since I was NOT a full-time student for five months or more in 2023 (only part-time in my final semester), it seems like not all three situations apply to me. Is this a loophole that makes me eligible for the refundable portion? I don't want to claim something I shouldn't and end up owing it back later. Any advice on whether I should claim this $1000 refundable credit?

Andre Dubois

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Another thing to consider is whether you've already claimed the AOTC for 4 tax years. The AOTC can only be claimed for a maximum of 4 tax years per student. If you've been in school for more than 4 years or took some time off, you might have already maxed out your eligibility.

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Zara Khan

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I've only claimed it for 3 previous tax years (2020, 2021, and 2022), so this would be my 4th and final year of eligibility. I did check that part!

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Andre Dubois

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Perfect! Then you should be good to go on that front. The 4-year limit trips up a lot of people, especially if they've taken gap years or had a non-traditional education path. Since this is your 4th year claiming it, make sure to keep extra good documentation in case of an audit.

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CyberSamurai

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Confused about one thing - if the student is claimed as a dependent, who actually gets to claim the AOTC? The student or the parent? My son is in college and we claim him as dependent.

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Luca Ferrari

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If you claim your son as a dependent, then YOU (the parent) would claim the AOTC on your tax return, not your son on his return. The person who claims the student as a dependent gets to claim the education credits. The only exception is the refundable portion we're discussing here. If your son meets all AOTC qualifications but doesn't meet the disqualifying factors (like not being a full-time student for 5+ months), then he could potentially receive the refundable portion on his return even if you claim the non-refundable portion.

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Luca Russo

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I had a similar problem last year with my son's 529. The issue might be related to how the 1098-T from the school is being reported. Make sure you're looking at Box 1 (payments received) rather than Box 2 (amounts billed). Also, check if your daughter is being claimed as a dependent on your return or filing independently? This can affect how the 529 is reported.

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Thanks for this info! She's being claimed as our dependent. I'm going to check the 1098-T boxes more carefully. Do you know if room and board counts as a qualified expense even though it doesn't show up on the 1098-T?

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Luca Russo

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Yes, room and board can count as qualified expenses if your daughter is enrolled at least half-time, even though they don't appear on the 1098-T. You'll need to use the school's official cost of attendance figures for on-campus housing, or if she lives off-campus, the actual expenses up to the school's published allowance for room and board. Make sure you're accounting for all eligible expenses when determining how much of the 529 distribution is tax-free. The key is that your total qualified expenses need to be at least equal to the total 529 distribution to avoid having any taxable portion.

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Nia Harris

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Does anyone know if textbooks purchased from Amazon instead of the campus bookstore still count as qualified 529 expenses? My daughter's total distribution is slightly more than her tuition and housing, but we spent a lot on required textbooks that weren't purchased through the university.

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Yes, textbooks absolutely count as qualified expenses regardless of where they were purchased, as long as they were required for her courses. Keep receipts and a copy of her syllabus or course requirements showing these were required materials.

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I'm a freelance illustrator in Australia who works with US clients regularly. Here's what I've learned: 1. Create a professional invoice that clearly states it's a "Tax Invoice" at the top 2. Include both your country's tax ID (if you have one) and note that you're not registered for GST 3. Specify that the amount is "GST/VAT exempt - exported service" 4. Make sure to keep copies of everything for your annual tax filing Most US companies are used to working with international contractors. They'll likely have you fill out a W-8BEN form which just confirms you're not a US person for tax purposes. Also, definitely check with your client whether the agreed amount is pre-tax or the final amount you'll receive. In my experience, when US clients quote a price, they mean the exact amount they'll pay you - no hidden deductions.

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Raul Neal

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Thanks for this advice! When you say to keep copies of everything, how long do you typically hold onto those records? And has any US client ever withheld any taxes from your payments despite having the W-8BEN on file?

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I keep all my records for at least 7 years, which is what our tax office recommends in Australia. It's better to be safe than sorry when it comes to tax documentation, especially for international work. I've never had a US client withhold taxes after properly filing the W-8BEN form. That's actually the whole purpose of the form - it certifies you're not subject to US tax withholding. In the rare case where a client does withhold something, you should contact them immediately as they've likely made an error in their accounting system.

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Just a quick heads up - even though you're not charging GST to your US client, you still need to include all this income in your annual NZ tax return. The IRD will want to know about all your worldwide income. As your income grows from freelancing, you might want to look into whether you should register for GST voluntarily. There can be advantages if you're purchasing equipment or services for your business, as you can claim back the GST on those purchases. Also, keep track of your exchange rates when you receive payment. The IRD will want you to convert your USD income to NZD for tax reporting purposes. You can use the official IRD rates or keep records of the actual exchange rate when you received payment.

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Laila Prince

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This is super helpful! Do you know if there's a specific form or section in the NZ tax return where international income needs to be reported differently than domestic income? I'm just starting out with US clients too.

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