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23 Just FYI - I was in almost this exact situation last year. My accountant had me file Form 1040 with a Form 8833 (Treaty-Based Return Position Disclosure) attached since the tax treaty with my home country had specific provisions for students transitioning to work visas. Might be worth checking if there's a tax treaty between the US and your country that could apply to your situation.

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12 That's interesting! What country are you from? I'm wondering if this would apply to me too.

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23 I'm from India, which has a comprehensive tax treaty with the US. Many countries have specific provisions for students and researchers in their tax treaties. The treaty provisions can sometimes override the general tax rules and provide more favorable treatment. You should definitely check if your country has a tax treaty with the US. If it does, read the specific articles that deal with students, teachers, and researchers. Form 8833 is used to disclose when you're taking a position on your tax return that's based on a tax treaty rather than regular tax law.

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19 Not sure if this helps, but I think the key issue is whether you've been in the US for 5 calendar years while on F1. If 2022 was your 5th or later calendar year on F1, then those F1 days start counting toward substantial presence. Otherwise, only your H1B days count.

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10 That's not completely accurate. For F-1 students, the exemption is for 5 calendar years, so days in the US don't count toward the substantial presence test for the first 5 calendar years. After that, F-1 days DO count. But for J-1 visa holders, it's only 2 years.

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One important thing nobody's mentioned - make sure to check if you qualify for the Taxpayer Advocate Service. They're an independent organization within the IRS that helps people resolve tax problems. If you're experiencing financial hardship because of this ban, they might take your case and it's completely free.

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Mia Roberts

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Thanks for this suggestion! Do you know how I would contact them or what qualifies as "financial hardship"? I'm definitely struggling financially because of this whole mess.

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You can contact the Taxpayer Advocate Service by calling 877-777-4778 or by filling out Form 911 (Request for Taxpayer Advocate Service Assistance). Financial hardship can include things like being unable to pay basic living expenses, facing imminent eviction, or having utilities shut off due to inability to pay. In your specific situation with the earned income ban, if losing the Earned Income Tax Credit means you can't afford necessities, that would likely qualify. The TAS is particularly helpful in cases where normal IRS channels haven't resolved the issue or where there's an urgent need. They can sometimes expedite the appeals process too.

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Has anyone else noticed how insanely difficult it is to understand the IRS notices? My brother got banned from claiming EITC for 2 years and the letter barely explained why. Just referenced some obscure tax code sections and said "due to reckless or intentional disregard of rules and regulations." How exactly are normal people supposed to know how to respond to this??

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The IRS communication system is absolutely broken. I recommend requesting a detailed explanation by calling the number on your notice and specifically asking for the "examination report" that led to the determination. This usually contains more specifics than the initial notice.

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Thanks for the tip! I'll tell my brother to ask for the examination report. Really appreciate it because we've been completely lost trying to figure out how to address something when we don't even understand what rules were supposedly broken.

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Maya Diaz

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Just to add another perspective - even if you weren't required to file for 2014, it's sometimes good to file anyway. I was in a similar situation in college (made about $4,800 in 2015 as a dependent), and I still filed because: 1. I got back all my federal withholding (about $250) 2. It gave me practice with filing taxes 3. It created a record of employment for Social Security purposes 4. It prevented any confusion or letters from the IRS later Since the three-year window for claiming a refund has passed for 2014, the main benefit for filing now would just be for record-keeping and peace of mind. But honestly, if you weren't required to file and don't owe anything, I wouldn't stress about it.

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Tami Morgan

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Do you know if having unfiled tax returns (even when not required to file) can affect things like financial aid applications or student loans? I'm in a similar situation for 2017 and 2018.

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Maya Diaz

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Having unfiled tax returns typically won't affect financial aid if you weren't required to file in those years. Most FAFSA forms and financial aid applications have a checkbox indicating "not required to file" for this reason. However, if you were required to file (based on your income and status) but didn't, that could potentially create issues with financial aid verification processes. Some schools select students for verification and may ask for tax transcripts or non-filing letters from the IRS. If you're concerned, you might want to request a "Verification of Non-filing Letter" from the IRS for those years, which confirms you weren't required to file.

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Rami Samuels

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Wait, I'm confused about another situation - if you're a dependent but made more than the minimum ($6,200 in 2014), but had $0 tax liability because of the standard deduction, did you still have to file? I didn't file my 2019 taxes when I made $7,500 as a dependent student...😬

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Julia Hall

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Yes, you were likely required to file for 2019. The filing requirement is based on your gross income, not your final tax liability. For 2019, dependents generally needed to file if they earned more than $12,200 in wages OR had unearned income over $1,100 OR if self-employment income was over $400. With $7,500 in wages, you technically may not have needed to file based on the earned income threshold alone. However, if you had any federal tax withheld (check your W-2 box 2), you would want to file to get that money refunded. The standard deduction would likely have eliminated your tax liability, meaning you'd get all withholding back.

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Rami Samuels

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Thank you for the clarification! I just checked my 2019 W-2 and I had about $850 withheld in federal taxes. So I guess I missed out on getting that back since it's now 2025 and the three-year window has passed? That really sucks... At least I know for the future.

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One thing nobody has mentioned yet is that you need to check your 1099-B from your broker carefully! Often they don't include the correct cost basis for RSUs and you'll need to make an adjustment on your tax return. Most brokers will show a cost basis of $0 for RSUs or an incorrect amount, which means you'll need to manually adjust this on Form 8949 by checking box "B" and entering code "B" in column (f) to indicate that you're correcting the cost basis. Then you enter your actual cost basis (FMV at vesting). This is a super common issue that trips up a lot of people with RSUs.

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That's really helpful - I just checked my 1099-B and you're right, the cost basis shown is way off! So I need to use Form 8949 and check box "B" to make this correction? Do I need to include any supporting documentation with my return to explain the adjustment?

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You don't need to include any additional documentation with your return to explain the adjustment. The IRS is familiar with this situation for RSUs. Just make sure you keep records of your RSU grant documents, vesting schedules, and the fair market value on vesting dates in case you're ever audited. When completing Form 8949, you'll enter the information from your 1099-B in columns a through e, then in column f enter code "B" (for basis adjustment), and in column g enter the difference between your correct basis and what's reported on the 1099-B. This effectively adjusts the basis to the correct amount for calculating your gain or loss.

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NebulaNinja

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I made a horrible mistake with my RSUs last year that cost me thousands. I didn't realize the 1099-B was wrong and just entered everything as-is in my tax software. I basically paid tax twice on the same income - once when it vested (on my W2) and again when I sold the shares because the cost basis was wrong. If anyone else has already filed with this mistake, you can file an amended return (Form 1040-X) to fix it and get a refund. I did this and got back about $2,300 in taxes I shouldn't have paid.

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Javier Gomez

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How far back can you amend returns for this kind of mistake? I think I might have done the same thing for the past 3 years 😬

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Carmen Ruiz

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Check if your state has a cap on how much assessed value can increase year-over-year. In my state, there's a 3% cap for primary residences. If your assessed value jumped that much in one year, it might actually be illegal depending on your local laws. Also, make sure you're getting all the tax breaks you're entitled to. When we bought our house, we had to specifically apply for the homestead exemption - it wasn't automatic. That saved us about $800/year. And definitely file that appeal ASAP!

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Zara Malik

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I had no idea about these caps! I'll definitely look into that for our state. Do you know if these exemptions are something we can apply for retroactively? We bought in 2022 but never filed for any exemptions because we didn't know about them.

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Carmen Ruiz

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In most places, you can apply for exemptions like homestead retroactively, but usually only for the current tax year and maybe the previous year. It varies by location though. When you call your assessor's office, specifically ask about retroactive applications for exemptions. Also, if this is your primary residence and you've lived there since you purchased in 2022, make sure the county knows that. Sometimes they assess at a higher rate if they think it's a rental or second home. Just having the property correctly classified can make a big difference in your tax bill.

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one thing nobody mentioned yet - check if the previous owners had any special exemptions that fell off when you purchased. my parents had a senior exemption that saved them about $900/yr, so when i bought their house my taxes went up by that amount even though the assessed value stayed the same. its worth asking the county if thats what happened in your case.

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Good point. When I bought my house, the previous owner was a veteran with a disability exemption. My taxes were way higher than what they had been paying, but there was nothing wrong with the assessment itself. Just the exemptions changing.

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Zara Malik

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That's really interesting and something I hadn't considered. The previous owners were an older couple who had lived there for about 15 years, so they might have had some exemptions we don't qualify for. I'll definitely ask about this when I contact the assessor's office!

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