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Ask the community...

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  • DO NOT post call problems here - there is a support tab at the top for that :)

Ava Thompson

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One thing to consider that nobody's mentioned yet is your specific audit situation. If you're facing a correspondence audit (just mail), an EA is probably fine. For an office audit, either EA or CPA works well. But if you're facing a field audit (where they come to you), I'd seriously consider a tax attorney. I've been through two audits - one with an EA (correspondence audit) and another with an attorney (field audit). The difference in approach was significant. The attorney understood procedural protections that the EA didn't, which mattered a lot when the auditor started asking for documents beyond the original scope.

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Mei Chen

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Thank you for sharing your real experience! That's exactly the kind of insight I was hoping for. Can I ask how you found out what type of audit you were facing? Is it clearly stated in the initial letter from the IRS?

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Ava Thompson

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Yes, the IRS notification will specify what type of audit it is. For correspondence audits, you'll get a letter asking for specific documentation on certain items. For office audits, they'll request you come to an IRS location. For field audits, they'll propose coming to your home or business. The type of audit often indicates how serious the IRS considers the examination. Correspondence audits are usually for simple matters, while field audits suggest they're looking more comprehensively at your situation. That's why the field audit is where I decided having an attorney made sense - the stakes and scope were much higher.

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Just to add another data point - price differences between these professionals can be significant. In my area: - EAs typically charge $150-250/hr for audit representation - CPAs usually run $200-350/hr for the same work - Tax attorneys start around $350/hr and can go up to $500+ For a simple audit focused on just a couple issues, this might mean: EA: $500-1000 total CPA: $1000-2000 total Attorney: $2000-5000+ total Most regular tax situations really don't need the attorney unless there's potential criminal issues or six-figure amounts in dispute.

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Zainab Ali

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Do you know if these professionals typically charge flat fees for audit representation, or is it always hourly? And does complexity of the return affect their rates?

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One thing nobody has mentioned yet - make sure you keep proof that you mailed your return! I learned this the hard way last year when the IRS claimed they never received my mailed return. Since I just dropped it in a regular mailbox with no tracking, I had zero proof. I'd recommend calling USPS to see if they can provide any tracking for your mail even after the fact. Or if you have the receipt from the post office with the date stamped, take a photo of it right now before you lose it!

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Carmen Diaz

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Oh crap, I just used a regular stamp and dropped it in my apartment complex's outgoing mail slot. I don't have any tracking or proof of mailing. What should I do now?

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Don't panic, but definitely learn from this for next time. For now, I would wait about 8-10 weeks since that's how long paper returns typically take to process. Mark that date on your calendar, and if you haven't received your refund by then, use the "Where's My Refund" tool on the IRS website to check the status. If there's no record of your return at that point, you might need to resend it. Next time, always use certified mail with return receipt or at minimum get a tracking number when sending anything to the IRS. It's worth the extra few dollars for the peace of mind and proof of submission.

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Quick tip from someone who's worked in tax prep - if you're concerned about your return, print another copy and take it to your local IRS Taxpayer Assistance Center. You can schedule an appointment online and they can stamp your return as received and submit it internally. This gives you immediate proof that your return was filed.

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Does this actually work? My brother tried to get an appointment at our local IRS office last month and they said they were booked solid until June!

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The same thing happened to me with a different tax issue! My CPA claimed my home office incorrectly for 2 years and when I questioned it he got super defensive. I ended up reporting him to the state board and got a new accountant who fixed everything. Make sure you document EVERYTHING - save emails, write down details of phone conversations right after they happen (including date, time, who you spoke with), and keep all your receipts and tax documents organized. The state board took my complaint seriously and actually suspended his license for 6 months because they found multiple similar complaints. If you're within the 3-year window, definitely get those returns amended. I got back almost $8,200 after my corrections.

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Did the state board help you get any compensation for the extra taxes you paid or did they just discipline the CPA? I'm worried about the time and expense of going through the complaint process if we don't get any actual money back.

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The state board only handled the disciplinary action against the CPA - they don't have the authority to order financial compensation. However, filing the complaint created documentation that helped when I filed amended returns with the IRS. It strengthened my case that the errors weren't my fault. For getting money back, that happens entirely through filing amended returns with the IRS. My new accountant handled that process. I did end up suing the original CPA in small claims court for the fees I paid him plus the costs of having the returns corrected, and I won that case. The disciplinary action from the state board was helpful evidence in that lawsuit.

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Make sure you check the statute of limitations! Generally you only have 3 years from the original filing date to amend a return and claim a refund. If any of those years are approaching the 3-year mark, file a protective claim immediately even before you have all the documents ready. One option worth considering is having the CPA firm pay for the cost of amendments since it was their error. Some firms have policies for this. Even though your experience with them was terrible, consider sending a formal letter to the managing partner (not the CPA you dealt with) outlining the errors and requesting they cover the costs of amendments.

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Does anyone know if filing amended returns increases your audit risk? I've always been scared to amend my returns even when I find mistakes.

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Nia Thompson

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Just wanted to share that I manually completed my 1040NR and state tax forms last year when I had similar issues with Sprintax. It's not as complicated as it seems if you're in a straightforward situation with single source income and clear tax treaty benefits. The key forms you'll need: 1040NR - the main non-resident tax return 8843 - Statement for Exempt Individuals (all J visa holders must file this) 8833 - Treaty-Based Return Position Disclosure (to claim your treaty benefits) Your state's non-resident tax return form The most important thing is correctly identifying which article of your country's tax treaty applies to your situation. For most research scholars, it's either under the student/trainee provision or the visiting teacher/researcher provision.

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Chloe Wilson

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Did you find any good resources that helped you fill out these forms correctly? I'm leaning toward doing it myself at this point.

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Nia Thompson

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The best resource I found was IRS Publication 901 (U.S. Tax Treaties), which has country-by-country breakdowns of treaty benefits. Also, Publication 519 (U.S. Tax Guide for Aliens) was super helpful for understanding the overall non-resident tax filing requirements. Most university international offices also have tax workshops or guides specifically for J1 visa holders - these were much more helpful than generic tax advice since they focus on our unique situation. My university had PDF guides for the most common countries their researchers come from.

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Has anyone used TaxAct or TurboTax for 1040NR instead of Sprintax? I'm wondering if they might be more accurate for J1 visa holders with tax treaties.

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TurboTax doesn't support 1040NR filing at all. TaxAct does have 1040NR support, but in my experience last year, it was very limited with tax treaties and didn't have good guidance for J1 scholars. Glacier Tax Prep is another option some universities provide that's specifically designed for non-resident returns.

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Another option to consider is the Tuition and Fees Deduction which lets you deduct up to $4,000 from your taxable income. Course materials can qualify if they're paid directly to the educational institution as a condition of enrollment. But since you bought them separately, this might not apply. The American Opportunity Credit is better than Lifetime Learning if you're eligible (must be in first 4 years of post-secondary education), since it's worth up to $2,500 and 40% is refundable even if you don't owe taxes. But again, you need to be paying some tuition yourself usually.

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Chris King

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The Tuition and Fees Deduction expired after 2020. It's no longer available for current tax years.

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You're absolutely right about the Tuition and Fees Deduction - I completely forgot it expired. Thanks for the correction! I should have verified before posting outdated information. The Lifetime Learning Credit and American Opportunity Credit are still the main education tax benefits available.

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Rachel Clark

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Has anyone actually had success claiming computer equipment for the Lifetime Learning Credit? I tried this last year and got flagged for review because my laptop wasn't specifically listed as "required" in my course syllabus, just strongly recommended.

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I successfully claimed a graphics tablet and specialized software for my digital media courses last year. The key was that my professor wrote me a letter stating these items were necessary to complete the coursework, even though they weren't explicitly listed as "required" in the official course catalog. I attached that letter to my return when I filed.

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