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Have you checked if you're eligible for the Earned Income Tax Credit? If your income is around $38,500 you might qualify depending on your exact situation. That could help offset some of what you owe. Also, make sure you're taking the standard deduction which is $13,850 for single filers this year.
Thanks for the suggestion! I don't think I qualify for EITC since I don't have kids and my income is a bit too high for a single person. I am taking the standard deduction though. It sounds like my real issue is the self-employment taxes on that gig income that I didn't plan for. Lesson learned for next year - I'll be setting aside money each month from my gig work.
Anyone else notice that the tax software companies make it really easy to miss deductions for self-employed people? I swear they hide that stuff on purpose unless you pay for their premium versions. I switched to FreeTaxUSA last year and found so many more deductions than TurboTax showed me.
Completely agree! TurboTax kept trying to upsell me to their $120 version to "maximize self-employment deductions." FreeTaxUSA found all the same stuff for like $15. And their interface actually explains things better too.
That's good to know! I felt like I was taking crazy pills when I switched and suddenly found all these deductions TurboTax never mentioned. Their basic version is practically useless for anyone with slightly complicated taxes. FreeTaxUSA actually walks you through the self-employment section with helpful explanations instead of dangling premium features in front of you constantly.
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.
One thing to watch out for with California - they're pretty aggressive about maintaining that you're still a resident even after you've moved. Make sure you have clear documentation that you've actually established domicile in Michigan: - Michigan driver's license - Voter registration in Michigan - Michigan car registration - Closing California bank accounts or changing primary address - Changing your address on all official documents California has been known to audit people who move to lower-tax states, especially if you still have significant connections to California. Good luck!
Thanks for mentioning this! I've already gotten my Michigan driver's license, registered to vote, and changed my car registration. I kept my California bank account open though since they have locations in Michigan too. Should I still consider closing it to be safe?
You don't necessarily need to close the California bank account, but definitely make sure you've changed the primary address on the account to your Michigan address. Having a CA bank account with a CA address could be one factor they look at. The most important things are already done - driver's license, voter registration, and vehicle registration show your intent to permanently reside in Michigan. Also make sure your employer has your Michigan address for your W-2, and that any investment accounts are updated with your new address.
I moved from Oregon to Texas last year and missed a big issue with my bank interest - I didn't realize I needed to prorate it between states on my part-year resident returns! Ended up having to file an amended return. One tip: If you use tax software, make sure it supports multi-state returns properly. Some of the free options don't handle part-year residency well. I ended up using TaxAct which was pretty good for my situation.
TurboTax Premium worked great for my CA to WA move. It walked me through allocating income between states and explained which income belongs where. It costs more than the basic version but worth it for multi-state situations.
As a small accounting firm owner, I've dealt with these W-2 penalties several times. One thing not mentioned yet - make sure to specify in your request that you want an abatement of both the penalty AND any interest that's accrued on the penalty amount. The IRS sometimes will remove the penalty but forget to remove the interest. Also, if your first request is denied (which happens sometimes automatically), appeal it! The appeals process often gets you in front of someone who has more authority to consider the circumstances. We've had about 70% success rate with penalty abatements when we show a clear timeline and documentation of efforts to comply.
Thanks for mentioning the interest part - I wouldn't have thought of that! Do you typically include bank statements or something to prove when we called the SSA? I'm trying to figure out what kind of documentation would be most convincing.
For documentation, phone records are helpful if you have them, but emails are better since they show the content of the communication. If you have any confirmation emails from when you registered the new employee with the SSA, definitely include those. Screenshots of the registration process showing dates are also useful. The postmarked envelope that contained your PIN is excellent evidence - keep that if you still have it! What really helps is creating a simple timeline document that lines up all your actions chronologically so the IRS can easily see your good faith efforts. The clearer you make it for them, the better your chances.
Just wondering - did anyone try the IRS's Online Payment Agreement system for this? We had a smaller W-2 penalty (about $2800) and couldn't get it abated, but we were able to set up a payment plan over 72 months which made it much more manageable. The interest rate wasn't terrible compared to other options.
I did this for a different tax issue. The online setup was pretty easy but there's a small setup fee. I think it was like $130 for the online application but would have been more if I'd done it by phone or mail. Just be aware that interest continues to accrue on the outstanding balance throughout the payment plan.
Dylan Campbell
Has anyone had experience with both FreeTaxUSA and TaxSlayer? I used FreeTaxUSA last year and hit the exact AGI issue mentioned in this post. Considering TaxSlayer for next filing season, but wanted real opinions before switching.
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Sofia Hernandez
โขI've used both! TaxSlayer has a better interface imo and I never had the AGI verification issue with them. Their deluxe version is like $40 and includes one state return which is way cheaper than TurboTax or H&R Block. FreeTaxUSA is cheaper but TaxSlayer's extra guidance was worth it for me.
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Dylan Campbell
โขThanks for sharing your experience! The interface quality is important to me, and $40 including a state return sounds reasonable. Did you find TaxSlayer's guidance helpful for more complex tax situations? I have some investment income and a side business I need to report.
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Dmitry Kuznetsov
I actually had the opposite experience with FreeTaxUSA. Been using them for 5 years with zero issues. The e-filing has always worked smoothly for me and my returns are fairly complex with self-employment income, investment accounts, and rental property. Their customer service responded within hours when I had questions. Only cost me $12.95 for federal + state filing this past season, which is ridiculously cheap compared to TurboTax ($89+) or H&R Block ($75+). Maybe I've just been lucky but wanted to provide a different perspective!
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Zoe Papadakis
โขInteresting to hear you've had such a good experience! Do you think there might be something specific about certain tax situations that causes the AGI verification issues for some people? Also, have you ever had to amend a return with them, and if so, how was that process?
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Dmitry Kuznetsov
โขI think the AGI verification issues might be related to specific scenarios like amended returns or returns with unusual adjustments. Since my tax situation is complex but consistent year-to-year, that might be why I haven't had problems. I did have to amend a return once due to a late-arriving K-1 form. The amendment process with FreeTaxUSA was actually pretty straightforward. They walk you through which forms need to be updated, generate the 1040-X, and provide clear instructions for mailing the paper amendment. They don't offer e-filing for amendments, but that's true for most tax software since the IRS only recently started accepting e-filed amendments.
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