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Have you checked your mail at the old address? When I moved last year, the IRS sent a letter requiring identity verification to my old place even though I had filed a change of address with USPS. My refund was stuck in limbo for months until I figured this out. Apparently IRS mail doesn't always get forwarded properly!
That's a good point - I did file a mail forwarding request with USPS but maybe the IRS notice didn't get forwarded correctly. I'm friendly with the new tenants so I could ask them to check if anything came for me. Any idea what these verification notices usually look like so I can tell them what to look for? And if they don't find anything, is there a way to request a copy of whatever notice was sent?
The identity verification letters are usually pretty obvious - they come in IRS envelopes and typically have "Action Required" or something similar printed on them. They're letter 5071C, 5747C, or 5447C usually. If your new tenants can't find it, you can request a copy of the notice by calling the IRS or checking your online account. If it's an identity verification issue, you might be able to complete the verification online through the Identity Verification Service without the original letter. Just go to the IRS website and search for ID verify. You'll need info from previous tax returns, so have that handy!
This happened to me last year and it took FOREVER to resolve. After 8 months of waiting, I finally got through to someone who told me my return had been flagged for a "random review" and was just sitting in a backlog. The crazy thing is, nothing was wrong with my return at all! The IRS is still dealing with massive backlogs from COVID. If you're desperate for the money, you might consider contacting your congressional representative's office. Their constituent services can sometimes inquire with the IRS on your behalf and get things moving. That's what finally worked for me after months of frustration.
I went through this exact situation last year! My university also misclassified me as a nonresident when I had clearly passed the substantial presence test. What I did in FreeTaxUSA: 1. Made sure to select "resident alien" filing status at the beginning 2. Entered my W-2 information normally 3. Added my scholarship income as "Other Income" in Schedule 1 4. For the withholding, I added it in the "Federal income tax withheld" section I got a pretty decent refund and had no issues with the IRS. The most important thing is making sure you're filing as a resident alien and not using the 1040-NR form.
Thank you for the detailed steps! Did you have to do anything special for the state tax portion or was it pretty straightforward once you figured out the federal part?
The state part was actually pretty simple once I figured out the federal portion. I just entered the state withholding amount from my 1042-S in the state withholding section along with my W-2 state withholding. For the income, I reported it the same way on my state return as I did on my federal. FreeTaxUSA walks you through the state portion after you complete the federal section, and the state return automatically imports most of the information from your federal return. Just make sure to double-check that all the withholding amounts are correct before submitting.
One important thing to check is if you have a tax treaty with your home country! I'm from India and we have a tax treaty with the US that makes some scholarship money exempt from taxes. Even as a resident alien, you might still qualify for certain treaty benefits. FreeTaxUSA doesn't handle tax treaties well, which might be why you're struggling to find where to enter the 1042-S. If you do have treaty benefits, you might need to use a different software like TaxAct or go to a professional.
This is incorrect advice. As a resident alien, you generally CANNOT claim tax treaty benefits. Those are mostly for nonresident aliens only. Once you become a resident for tax purposes, you lose most treaty benefits except for very specific exceptions.
You're right, I should have been more clear. Most tax treaty benefits are for nonresident aliens, but there are some specific provisions that continue to apply even after you become a resident alien. It depends entirely on the specific treaty and the specific type of income. For example, the US-China treaty has provisions for students that can continue for a limited time even after becoming a resident alien. But you're correct that in most cases, becoming a resident alien means losing treaty benefits.
Just to add another perspective - I'm a tax preparer (not a CPA, but I work at a tax office) and we see this issue ALL THE TIME. Filing with a name that doesn't match SSA records will 100% get your return rejected. The IRS systems automatically check the name/SSN combo against SSA records before they'll even accept your return for processing. My advice: file with your maiden name now to meet the deadline. After your name change is complete, you don't need to do anything else for this year's return. The IRS doesn't care if your legal name changes mid-year - they only care that the name on your tax return matches what the SSA has on file the moment you file.
Does it matter that her state return was already accepted with the married name? Won't that cause problems when the federal return has a different last name?
States operate their own tax systems separate from the federal IRS system, which is why one might accept a return while the other rejects it. Some states don't verify against the SSA database as rigorously or might batch their verification processes. Having different names on your federal and state returns isn't ideal but it's not catastrophic. When you file with your maiden name federally, include a brief statement explaining the situation with your state return. The key issue is ensuring your tax ID numbers (SSN) match on both returns. Most tax agencies understand that name changes happen and have procedures to handle these timing mismatches.
This happened to me!! I got married in November and tried to file in February with my new last name. The return got rejected for the exact same reason. I had to refile using my maiden name since that's what was still in the SSA system. It was annoying but my refund still came through fine after I fixed it. The most important thing is to use whatever name is currently on your social security card. Don't wait to refile - just go back into TurboTax, change back to your maiden name, and resubmit. Better to get it done now than stress about missing the deadline!
Thank you so much for sharing your experience! I was worried I was the only one dealing with this. I'll go ahead and refile with my maiden name tonight. Did you have any issues with your state return? Mine was already accepted with my married name.
My state return actually got rejected too, but I'm in Texas so we don't have state income tax - it was just for my property tax stuff. I had to fix that one separately. If your state return already went through with your married name, you might want to call your state tax agency and ask them what to do. Some states are more laid back about the name matching than the IRS is. The important thing is that your social security number is consistent on both returns!
Don't freak out too much. The IRS is way behind on processing returns and unless you're talking about massive amounts, they're not likely to come after you with handcuffs or anything. File the amendment, pay what you owe plus whatever penalty they assess, and move on. I accidentally left off about $5k in stock gains two years ago, filed an amendment, and it was no big deal. Just don't ignore it hoping they won't notice.
Thanks for sharing this - makes me feel a bit better. Did you have to pay a lot in penalties when you amended for those stock gains? And how long did the whole amendment process take?
The penalty wasn't bad at all - I think it ended up being around $80 plus some interest on the unpaid tax. So all in maybe $120 extra beyond what I would have paid originally. The amendment took about 3-4 months to process completely, which I hear is actually pretty fast for the IRS these days. Just make sure you keep copies of absolutely everything you submit and proof that you sent it (certified mail is good).
Pro tip: if you use tax software like TurboTax or H&R Block, they usually let you file an amended return for free if you filed your original return through them. They'll walk you through the whole process. Just gather all your crypto transaction data first so you have it ready.
This isn't always true - I tried to amend through TurboTax and they wanted to charge me for the "deluxe" version even though my original filing was free. Ended up having to pay like $60.
Chloe Taylor
Something nobody mentioned yet - make sure you research the providers for whichever account you choose. I have my Solo 401k through Fidelity and it's been great - no setup fees or annual maintenance fees, and decent investment options. Some providers charge hefty admin fees, especially for Solo 401ks. Also, if you go with the Solo 401k route and your plan assets exceed $250k, you'll need to file Form 5500-EZ each year, which is an extra administrative task. Not a huge deal but something to be aware of.
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Diego Flores
ā¢Do you know if Vanguard's Solo 401k has similar fee structure to Fidelity? I've heard Vanguard has good low-cost index funds but wasn't sure about their 401k admin fees for small businesses.
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Chloe Taylor
ā¢Vanguard does have a similar fee structure with no setup or annual maintenance fees, and they definitely have excellent low-cost index funds. The main difference I found was that Fidelity allowed me to invest in a wider range of options including individual stocks within the Solo 401k, while Vanguard limited me to their funds. Both are solid choices though. The key is to avoid the providers that charge $200+ annual administration fees or have costly setup fees. Those can really eat into your returns over time, especially when you're just starting out with your retirement savings.
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Anastasia Ivanova
One thing to consider with a Solo 401k vs SEP IRA - if you think you might hire employees in the future, the Solo 401k rules get much more complicated once you have employees. With a SEP IRA, you'd have to contribute the same percentage for all eligible employees as you do for yourself. I started with a SEP IRA when I was solo, then had to switch everything when I hired my first employee. Wish I'd known that earlier!
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Javier Gomez
ā¢That's a really good point I hadn't considered. I don't have immediate plans to hire employees, but it's definitely possible in the next 2-3 years. So if I understand correctly, once I hire employees, I'd need to either: 1. Convert my Solo 401k to a regular 401k with all the additional compliance requirements 2. Or with a SEP IRA, I'd need to contribute the same percentage for employees as I take for myself Is there a clear better option between those two scenarios?
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