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When I got an LT38 last year, it turned out one of my 1099s didn't get reported correctly. Double check if you had any side income, investment transactions, or early retirement withdrawals in 2021 that might have been missed. Sometimes the simplest explanation is the right one! Also, call the Taxpayer Advocate Service at 877-777-4778 if you're struggling. They're an independent organization within the IRS that can help resolve issues. Completely free service that saved my butt when I was dealing with incorrect penalties.
I've heard mixed things about the Taxpayer Advocate Service lately. Aren't they super backlogged too? I tried contacting them about 3 months ago and still haven't heard back. Do they actually prioritize cases with pending levies like an LT38?
You're right that they're backlogged, but they do prioritize cases with imminent collection actions like levies. The key is to emphasize that you have an LT38 notice with a pending levy when you call. Also, while the main line might be backed up, try calling your local TAS office directly (you can find the number on the IRS website by searching "local taxpayer advocate" and your state). I had to be persistent, but once I got assigned an advocate, they resolved my issue in about 3 weeks. They're especially helpful if you can demonstrate that the standard IRS processes have failed you or if you're facing financial hardship because of the tax bill.
Don't ignore the LT38! I made that mistake and ended up with a bank levy that completely froze my checking account for almost 2 weeks. Even if you can't pay the full amount, responding to the notice stops the collection process while you work out a solution. The easiest option is an installment agreement - you can set this up online for debts under $50,000 at https://www.irs.gov/payments/online-payment-agreement-application. I'm currently paying $85/month on a similar tax debt. The interest and penalties continue to accrue, but at least you avoid levies and it's better than paying credit card interest rates.
That's terrifying about your bank account! I definitely don't want that to happen. Did you find that setting up the installment agreement online was pretty straightforward? And does the IRS typically approve reasonable monthly payment amounts or do they push for higher payments?
A quick tip from someone who's dealt with this before: If you're filing an amended return to change from 1040 to 1040-NR, make sure to include a clear statement explaining the reason for amendment. Something like "Amended to correct filing status from resident alien (1040) to nonresident alien (1040-NR) based on failure to meet Substantial Presence test due to F1 visa exempt status." Also be aware that you might have different deduction eligibility as a nonresident alien - standard deductions work differently on 1040-NR, and certain credits may not be available. Your tax liability could change significantly.
Would this also apply if changing from 1040-NR to 1040? I think I might have filed the wrong way (opposite problem from OP). Is there a time limit for fixing this?
Yes, the same general process applies when amending from 1040-NR to 1040, but the tax implications might be more favorable since resident aliens generally have access to more deductions and credits than nonresident aliens. Regarding time limits, you typically have 3 years from the original filing deadline to file an amended return. So for a 2022 tax return originally due in April 2023, you'd have until April 2026 to amend it. However, if there's a significant refund involved, I wouldn't wait - the sooner you correct it, the sooner you'll receive any refund you're entitled to.
A heads up on the treaty benefits too - if your home country has a tax treaty with the US, you might be eligible for certain benefits as a nonresident that could reduce your tax liability. These are claimed on Form 8833 with your 1040-NR. I almost missed out on thousands in tax savings because I wasn't aware of the treaty provisions between my country and the US. Might be worth looking into depending on your citizenship!
This is so important! What countries typically have the best tax treaties with the US? I'm from Brazil and wondering if I should be looking into this.
Just want to point out something important here - be careful about how you characterize this when reporting. The IRS might view this as a form of vigilante justice or even entrapment depending on how you obtained the money. If you deliberately set up accounts to trick scammers into sending you money, that's different from simply recovering funds they tried to take from you. The distinction might matter legally. I'm not saying don't report it - definitely do! But consider consulting with a tax professional about the specific way you characterize the source of funds.
That's a really good point I hadn't considered. Would it make a difference if I initially engaged with them thinking it was legitimate and then only set up the additional accounts after realizing it was a scam? Or is the fact that I created multiple accounts specifically to collect more money the potential issue here?
The timing and intent definitely matter. If you initially engaged in good faith and then took defensive measures after discovering it was a scam, that's more favorable than if you sought out scammers specifically to trick them. The creation of multiple accounts specifically to collect more money could potentially be seen as moving beyond simple recovery or defense into something more deliberate. This is where the legal gray area exists. It's not just a tax question but potentially a legal one about how these funds were acquired.
I remember seeing a similar case on r/legaladvice where someone did this on a larger scale (like $20k) and ended up with some serious problems. The scammers actually reported them for fraud! Have you considered that these funds might be from stolen credit cards or hacked accounts? If so, those funds might legally belong to the actual victims, not the scammers or you.
That's a really good point! If the money came from other victims rather than the scammers' own pockets, that would basically make OP a recipient of stolen funds, right? That definitely complicates things beyond just tax reporting.
One thing nobody has mentioned yet - if you receive over $100,000 from a foreign person (including inheritance), you also need to file Form 3520. It's different from the FBAR and Form 8938. The penalties for not filing this form are pretty severe - can be 5% of the inheritance amount PER MONTH up to 25%. I learned this the hard way after receiving money from my relatives in Germany. Had to do a delinquent filing and pay penalties. Don't make my mistake!
That's really helpful info about Form 3520! I had no idea the penalties could be that severe. €37,500 is under $100,000, but if exchange rates shift or if I decide to bring over some additional savings I have there, it could potentially cross that threshold. Better to know this ahead of time than find out the hard way. Is this form something I file along with my regular tax return or is it a separate filing deadline?
Form 3520 is filed separately from your regular tax return, but it's due on the same date as your individual income tax return (including extensions). So if you file for an extension on your 1040, you also get an extension on Form 3520. Be very careful with the currency conversion rates too. The IRS wants you to use the conversion rate on the date you received the money, not when you transfer it to the US. So document the exact date you legally received the inheritance and the exchange rate on that date.
Has anyone here used a tax treaty to their advantage with Greece specifically? I'm in a similar situation but the inheritance is much larger (around €200,000) and I'm worried about estate tax implications.
The US-Greece tax treaty doesn't provide significant advantages for inheritances specifically. For an inheritance that size (€200,000), your biggest concern should actually be proper reporting, not US taxation. You'll definitely need to file: 1. FinCEN Form 114 (FBAR) 2. Form 8938 (Foreign Financial Assets) 3. Form 3520 (since it's over $100,000) The US doesn't typically tax foreign inheritances received by US persons regardless of size, but the reporting requirements become stricter with larger amounts. The penalties for non-compliance with these forms are substantial, so I'd recommend working with a tax professional who specializes in international taxation for an inheritance of that magnitude.
Liam Murphy
This is why I always do my own taxes using software. Tax preparers at those cheap places often have minimal training and make mistakes like this. For a simple return (sounds like you just have a W-2?), you can use free filing options through the IRS website. Did the preparer ever explain WHY they thought you needed an EIN? There are very specific circumstances where an individual might need one (like if you're setting up a solo 401k), but for a typical college student with a part-time job, there's absolutely no reason.
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Aiden O'Connor
•They never really explained it clearly. When I called back to ask questions, they just quickly said they'd cancel everything and deactivated my account. That's what made me most suspicious - like they knew they got caught doing something they shouldn't have been doing. I think I'm definitely going to do my own taxes from now on. I only went to them because a friend recommended them, but now I'm wondering if my friend actually had a good experience or if they might have had something similar happen without realizing it.
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Amara Okafor
Something similar happened to my son last year. The tax place was trying to classify him as an "independent contractor" when he was clearly just a regular employee with a W-2. They said getting an EIN would help him "write off expenses" and get a bigger refund. Turned out they were planning to file a Schedule C with fake business expenses. The IRS ended up auditing him and it was a huge mess to clean up. He had to pay back the incorrect refund plus penalties. Definitely contact the IRS right away and maybe even consider filing a report with the FTC for tax preparer fraud.
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CaptainAwesome
•Did your son have to repay the entire refund or just the portion that was related to the fake business? I've always been curious what happens in these situations.
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