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For the TurboTax specific question - I had the same issue with a Filipino contractor. Here's exactly what I did: Select "Yes" to that contractor question, then on the next screens, when it asks for the contractor's info, there's an option near the bottom that says something like "This contractor is not a US person" or "Foreign contractor" - click that. Then TurboTax will let you deduct the expense without requiring 1099 info. It's easy to miss that option but it's definitely there!
Thank you so much! This is exactly what I needed to know. I'll go back and look for that option. Do you remember if it asks for any specific information about the foreign contractor?
It will ask for their name and I believe their country, but not much else. You won't need their tax ID number or anything like that. Just make sure you have good records of the payments in case of an audit - invoice, proof of payment, contract, etc. The key is documenting that the work was legitimate and for your business.
Don't TurboTax and other software make everything so complicated? I miss the days of paper filing lol. Anyway - one thing to remember is that payments to foreign contractors for services performed entirely outside the US are generally exempt from reporting on 1042-S if there's no US-source income. You still deduct it as a business expense, but without the paperwork headache.
Actually, it depends on the tax treaty status with the specific country. Some countries require withholding regardless of where the work is performed. India (where OP's contractor is located) has specific provisions in its tax treaty with the US.
As someone who does this regularly, here's my practical advice: only deduct expenses that are DIRECTLY related to your business activities. Don't try to deduct your flight to Italy or your entire accommodation. If you rent a workspace for a day, deduct that. If you take a taxi specifically to a client meeting, deduct that. If you have a business lunch, deduct 50% of that. Keep a separate credit card for business expenses and detailed logs of ALL business activities. Note start/end times, who you met with, and business purpose. Take photos of yourself at business meetings or workspaces as additional documentation. I've been doing this for years with no issues. The problems happen when people try to write off their entire vacation by having one "business meeting.
This is super helpful, thanks! So it sounds like I definitely shouldn't try to write off my flights to Italy or back, but the specific expenses while I'm there for business purposes would be okay. Do you recommend any specific apps for tracking the expenses while I'm traveling? I'm worried about keeping all those foreign receipts organized.
I use Expensify for tracking business expenses abroad - it has receipt scanning that works well with foreign receipts and lets you categorize everything immediately. The automatic exchange rate conversion is also super helpful so you don't have to manually calculate everything back to USD. Take photos of ALL receipts immediately because some foreign receipt paper fades quickly. Also, create a simple daily log in Notes or Google Docs where you record the business activities for each day - who you met with, what you discussed, and the business purpose. I also drop a pin on Google Maps for each business meeting location as additional documentation. This level of detail has kept me audit-free for 7 international trips with business components.
Don't overthink this! The IRS rules on business expenses apply the same way whether you're in Kansas or Kyoto. What matters is if the expense is ordinary and necessary for your business, not what country you're in or what visa you have. I write a travel blog and deduct parts of my trips all the time. The key is DOCUMENTATION and PRORATION. If 3 days of your 21-day trip are for business, you can deduct those specific expenses, but not the other 18 days or your flights. And seriously, stop worrying about the tourist visa thing. The IRS cares about proper reporting of income and expenses, not whether you technically violated another country's visa rules.
Don't forget that with under the table income, you'll be considered self-employed, so you can deduct business expenses! Keep in mind things like: - Mileage driving to job sites - Tools and equipment - Work clothes/boots if specific to your job - Cell phone (percentage used for work) - Home office if you have dedicated space This could significantly reduce what you owe. I was in a similar situation with about $18k unreported in 2020, and after deductions my tax bill was much lower than expected.
Can you really claim those deductions without receipts though? I worked construction under the table last year and literally have zero documentation for any of my expenses.
You can estimate reasonable expenses even without perfect documentation, but you should have some supporting evidence if possible. For example, with mileage, start a log now documenting your typical work travel patterns, then use that to reasonably estimate your past travel. For tools, take photos of what you own and research purchase prices online. The IRS does allow for reasonable reconstruction of records that were lost or never kept. Just be honest and realistic - don't claim $10,000 in tool expenses for a $26,000 job. And definitely start keeping better records going forward! Even a simple notes app on your phone where you take pictures of receipts is better than nothing.
Has anyone used TurboTax to file an amended return for unreported income? Is it straightforward or should I just go to a CPA? I'm in a similar situation but only made about $9k under the table.
I used TurboTax to amend a return with unreported income last year. It was pretty straightforward for the basics but I found it didn't give great guidance on what documentation I should keep or how to explain the situation in the amendment. For only $9k it might be fine, but if you can afford a CPA consultation, even just a one-hour session, they might catch deductions you'd miss and give you better peace of mind.
Another option nobody mentioned is checking if your W2 is available online. A lot of employers use payroll services like ADP, Paychex, or Gusto that let you access your tax documents online even after you leave the company. Try logging into the payroll portal you used when you worked there, or ask a current employee which service they use. Also, if you filed with them last year, sometimes tax preparation services like H&R Block or TurboTax will have your previous W2 information saved in your account that might help with the estimates.
This is solid advice! My employer uses UltiPro and I was able to log in and download my W2 even though I left the company in November. Totally forgot I had that access.
That's great to hear it worked for you! Many people don't realize these payroll portals often maintain your access for a period of time after employment ends, specifically for tax document purposes. If anyone else is trying this method, also check your email for any invitations to these portals when you were hired. Sometimes the login credentials or reset instructions are still valid. Even if your account appears inactive, customer service for these payroll providers can sometimes help former employees access just their tax documents.
Just a heads up that if it gets too close to the filing deadline and you still don't have your W2, you can always file for an extension using Form 4868. This gives you until October to file your actual return, though you still need to pay any estimated taxes you might owe by the regular deadline. The extension doesn't solve the missing W2 problem, but it gives you more time to get it sorted out without penalty. I had to do this two years ago and eventually got my W2 in June when my old boss finally got around to sending them.
Won't an extension delay my refund though? I'm counting on that money for some bills coming up in March.
Paolo Esposito
Just a tip from a former international student who dealt with this exact issue: Save yourself time and switch from TurboTax to Sprintax for this year's return as well. TurboTax is designed for residents and often gets confused with nonresident situations. Even if you've become a resident alien now, TurboTax struggles with handling the previous nonresident filings. Sprintax will automatically pull forward the relevant info from your previous 1040NR and knows exactly how to handle state refunds for people who filed as nonresidents in the previous year. They're a bit more expensive but worth it for the headache avoidance.
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Dmitry Petrov
ā¢Does Sprintax handle regular 1040 filing too? I'm actually a resident for tax purposes this year (passed the substantial presence test), so I need to file a regular 1040, not a 1040NR. That's why I was trying to use TurboTax.
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Paolo Esposito
ā¢Yes, Sprintax can handle your transition from nonresident to resident status. They have a feature specifically for people who were nonresidents in previous years but are now residents. It's called Sprintax Federal and can prepare regular 1040 returns. They're particularly good at dealing with the complications that come with that transition, like handling income from before and after your status change, properly reporting state tax refunds from nonresident years, and applying the correct treaty benefits if you're still eligible for any. Their system is designed to understand international tax situations even after you become a resident.
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Amina Toure
I'm super confused by all this tax stuff too! I was a student on F-1 and filed 1040NR last year but now I'm on OPT and TurboTax is asking me weird questions about itemized deductions. Does anyone know if the standard deduction for nonresidents is the same as itemized deductions? I think I took the standard deduction last year because my only income was from my campus job. Will my state refund still be taxable?
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Oliver Weber
ā¢No, the standard deduction for nonresidents on 1040NR is not the same as itemized deductions. As a nonresident on F-1 last year, you were only eligible for a limited standard deduction (around $12,950 for 2023 if you were single). If you took the standard deduction (which most students do), then your state tax refund is NOT taxable this year. State refunds are only taxable if you itemized AND claimed state taxes as part of those itemizations in the previous year.
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Amina Toure
ā¢Oh that makes sense! I definitely took the standard deduction then because I remember the software recommending it since I didn't have enough deductions to itemize. So I can just put $0 for the taxable portion of my state refund?
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