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Ask the community...

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Quinn Herbert

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I've been a tax preparer for 15 years and I think a flat tax would destabilize entire industries. Think about the mortgage interest deduction - removing it would impact housing prices. Same with charitable giving deductions and nonprofit funding. Education credits and college attendance. The ripple effects would be enormous. Plus, the tax code isn't just about collecting revenue - it's also used to implement social policy and economic incentives. A true flat tax eliminates those tools.

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Salim Nasir

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Couldn't those incentives be handled through direct spending programs instead of tax code complexity tho? Why mix revenue collection with social policy?

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Quinn Herbert

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That's a valid point in theory. Direct spending programs could replace tax incentives, but there are practical challenges. Our political system has historically found it easier to create tax incentives than to approve new spending programs. Tax benefits are less visible and often face less opposition. The other issue is implementation. The IRS already has mechanisms to verify income, process claims, and issue refunds. Creating new agencies or programs to handle what the tax code currently does would require significant infrastructure. Just look at how complicated some benefit programs are to administer compared to tax credits.

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Hazel Garcia

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yall r forgetting the biggest problems with flat tax - it ignores investment income. rich ppl make $$$ from capital gains, dividends etc. If those got taxed at same rate as wages, maybe flat tax wud be ok. But most proposals keep preferential treatment for capital gains. So really its just a tax cut for wealthy disguised as "simplification

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Laila Fury

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This is such an important point that gets overlooked! A true flat tax would need to treat all income the same regardless of source. Otherwise it's just shifting more burden to wage earners.

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Just to add something helpful for the original poster - make sure you're using the correct Article of the US-India tax treaty for dividends. If I remember correctly, Article 10(2)(a) specifies the 25% rate for Indian residents receiving US-source dividends. Also, keep in mind that if you're a student or trainee, there might be different provisions under Article 21 that could apply to your situation. The treaty has different rules depending on your visa status and purpose in the US.

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Thank you! I'm here on an H1B, not a student visa. I did look up the treaty and confirmed it's Article 10 that applies to my situation with the 25% rate. Do you know if I need to attach any specific form to my 1040NR to document this treaty claim? Or do I just report the income with the 25% rate applied?

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Since you're on an H1B and this is a standard treaty provision for the reduced dividend withholding rate, you typically don't need to attach Form 8833. You'll report the dividend income on your 1040NR and apply the treaty rate directly. In Sprintax, when you enter your dividend income, there should be an option to indicate that it's subject to a treaty rate. Make sure you select "India" as your country of residence for treaty purposes and the system should apply the correct 25% rate. For the period where no withholding was done, you'll need to calculate and pay the 25% tax on those dividends.

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Dylan Cooper

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One more thing to check - make sure Fidelity issued you a correct 1042-S form showing your dividend income and withholding. This form is specifically for foreign persons with US-source income. If they didn't issue one or it's incorrect, you should contact them to get it fixed before filing.

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Sofia Ramirez

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Not necessarily. If OP was mistakenly treated as a US person for part of the year, Fidelity might have issued a 1099-DIV instead of a 1042-S for those months with no withholding. They should check both documents.

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One thing nobody mentioned - make absolutely sure you check the right reason code on Form 8919. Since you've filed SS-8 but haven't received a determination, you should use reason code G: "I filed Form SS-8 and haven't received a determination letter." If you use the wrong code, it could delay processing or even trigger unnecessary review. Also, FreeTaxUSA definitely supports Form 8919 e-filing - I used it last year for the same situation. The key is entering the income as "Wages paid as a statutory employee" rather than as self-employment income.

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Andre Dubois

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Can you walk me through exactly where in FreeTaxUSA I should be entering this? I keep getting stuck at the part where it asks if I want to file Schedule C. Should I be saying no to that?

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You should definitely say NO to filing Schedule C since you're not claiming to be self-employed. In FreeTaxUSA, go to the Income section, then select "Wages paid by an employer who did not withhold Social Security and Medicare taxes" (not the 1099-NEC section). When you get to the screen asking for details, enter your income amount from the 1099-NEC, select reason code G, and enter the employer information exactly as it appears on your 1099. The software will calculate only the employee portion of FICA taxes rather than self-employment tax.

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Dylan Cooper

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I dealt with this exact situation last year while working for a tech startup. If you're using TurboTax, be careful - it's especially tricky with them. I had to manually override some calculations because it kept wanting to charge me self-employment tax even after I indicated I was misclassified. H&R Block online handled it better in my experience. The key with any software is checking your final tax calculation to make sure it's only charging you the employee portion (7.65%) rather than the full SE tax (15.3%).

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Sofia Perez

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H&R block was terrible when I tried to file with Form 8919 last year. They kept adding the income back as self employment even after I removed it. Ended up having to paper file.

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KylieRose

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Another option is to use the IRS Withholding Estimator directly: https://www.irs.gov/individuals/tax-withholding-estimator Just make sure you have your most recent paystubs handy to enter accurate year-to-date information. And remember that as a dependent student, your standard deduction might be limited compared to someone who can't be claimed as a dependent.

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I tried using the IRS estimator but kept getting errors every time I entered my capital gains info. Has anyone else had this problem?

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KylieRose

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The IRS estimator can definitely be finicky with capital gains. Make sure you're entering them as "other income" rather than earned income. Also, try using a different browser if you're getting technical errors - sometimes it works better in Chrome than Firefox or vice versa. If you're still having trouble, you might want to try a different calculator or just focus on your W2 income for the W4 calculations. Since your LTCG are in the 0% bracket anyway, they won't affect your withholding needs as much.

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Sasha Ivanov

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Does anyone know if you can just use the W4 estimator and then add a flat additional amount on line 4(c)? Like if I know I need to have $500 more withheld total before the end of the year, and I have 10 paychecks left, can I just put $50 per check?

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Liam Murphy

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Yes that's exactly what line 4(c) is for! I did this last year. Just divide the total additional amount you need withheld by your remaining paychecks and put that number on line 4(c). Super easy way to fine-tune your withholding.

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Sasha Ivanov

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Perfect, that's exactly what I needed to know. Thanks for confirming! I'm going to do the math and adjust my withholding tomorrow.

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the real issue is that the tax system is designed to be confusing af so they can get more money from regular ppl. ur friends are probably cheating the system but the system is already cheating us so πŸ€·β€β™€οΈ your friends might not get caught cuz the irs is super underfunded and mostly goes after poor people not rich tax cheats. they might be playing the odds but personally id rather do it right and not worry about it tbh

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That's absolutely wrong information. The IRS has been massively increasing their enforcement staff and technology. They're specifically targeting incorrect filing status claims because they're easy to detect with automated systems. The "they only audit poor people" thing is outdated - they're now using AI to flag suspicious returns across all income levels.

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maybe ur right but all i know is my cousin has been filing hoh for years with no dependents and hasnt been caught. but yeah i guess the risk isnt worth it for most people. just saying the system is already rigged against regular people. i did hear they got a bunch more funding recently so maybe they will start catching more people. still think its stupid that we have such a complicated system in the first place.

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Daniela Rossi

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Here's what's probably happening: Your friends are likely filing correctly but adjusting their W-4 withholding to have more taken out during the year. If you want a bigger refund (though it's financially not smart), you can just have extra withholding by filling out your W-4 to take more out of each paycheck. The goal of taxes shouldn't be a big refund - it should be to break even! A big refund just means you gave the government an interest-free loan all year.

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Grace Patel

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Thanks for this insight! That makes more sense than them all incorrectly filing as HoH. I'll ask them about their W-4 withholding. I've always just chosen the standard withholding, but maybe they're having additional amounts taken out. That would explain the bigger refunds without them actually doing anything wrong!

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