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Ask the community...

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Abigail Patel

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Grad student here - I've been filing with 1042-S forms for 3 years now. If you're a tax resident (the substantial presence test applies after 5 years for most student visas), you should treat your 1042-S fellowship income similar to how you'd report scholarship/fellowship income on a 1098-T. Important distinction: For tax residents, the scholarship/fellowship portion used for tuition and required fees is non-taxable, but amounts used for living expenses are taxable. This is different from non-resident treatment.

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Edwards Hugo

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Thanks for this info! My 1042-S doesn't seem to distinguish between amounts for tuition vs. living expenses - it just has a total in Box 2. How do I determine which portion is taxable vs. non-taxable? Do I need to get additional documentation from my university?

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Abigail Patel

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You'll need to look at your student account statement from your university to see the breakdown. The university doesn't typically distinguish this on the 1042-S itself. Compare your total qualified educational expenses (tuition, required fees, but NOT room and board) against the total fellowship amount. Any amount of your fellowship that went toward qualified expenses can be excluded from taxable income, while the remainder (often your stipend for living expenses) is taxable. Your university's financial aid office or international student office should be able to provide the necessary documentation showing this breakdown if you don't already have it.

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Daniel White

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Has anyone tried using TurboTax for 1042-S reporting? FreeTaxUSA is giving me headaches with my fellowship income.

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Nolan Carter

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I used TurboTax last year for my 1042-S and it was better than FreeTaxUSA but still not ideal. You have to enter it under "Less Common Income" then "Other Reportable Income" and then manually type in the details. They still don't have a dedicated form for it, but at least the interview process walks you through it a bit more clearly than FreeTaxUSA.

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TommyKapitz

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Just want to add that I was in this exact situation in 2019. I forgot to include a W-2 from a 2-month contract job, realized it the next year, and decided to just "let it slide" because the difference was only about $300. BIG MISTAKE. The IRS sent me a notice almost exactly 18 months later. By that time, with interest and the late payment penalty, I ended up owing almost $450 instead. Plus it was super stressful getting that IRS letter. If I could go back, I would have just filed the amended return right away.

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Thanks for sharing your experience. This is exactly what I was worried about. I think I'm going to go ahead and file the amended return this week. Better to just deal with it now than have it hanging over my head.

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TommyKapitz

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Good call! It's definitely the smart move. The peace of mind alone is worth it. And like others have mentioned, the penalties are usually much less severe (or even waived completely) when you correct the issue yourself instead of waiting for them to find it.

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Don't freak out but definitely fix it. IRS has a First Time Penalty Abatement program if this is ur first time making a mistake like this. Just file the 1040-X, pay what u owe, and include a letter requesting "first time penalty abatement" explaining it was an honest mistake. Worked for me last yr!

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Payton Black

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Can confirm this works! First Time Penalty Abatement saved me about $200 in penalties when I messed up some 1099 income reporting two years ago. You just need a clean compliance history for the past 3 years.

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Rental conversion in December: Can I deduct expenses for second home with no rental income yet? (HOA, repair/improvement)

I purchased a new home in December 2021 which is going to be my primary residence going forward. For my old condo (now my second home), I had new flooring installed. The materials and labor invoices are dated from October through December 2021. I'm planning to convert this second home into a rental property. I already signed a contract with a property management company in December 2021, but the actual lease agreement with a tenant wasn't signed until January 2022. I'm trying to figure out the tax implications for my 2021 return and have a few questions: 1. In the eyes of the IRS, would my second property be considered a rental property as of December 31, 2021, even though I had no rental income for the 2021 tax year? 2. When can I start deducting expenses like HOA fees? December 2021? January 2022? Or not at all until it's officially rented? 3. I've read conflicting information about property improvements vs. repairs. The IRS website says: >...You can deduct the costs of **certain materials**, supplies, **repairs**, and maintenance that you make to your rental property to keep your property in good operating condition... > >...You may not deduct the cost of improvements. A rental property is improved only if the amounts paid are for a betterment or restoration or adaptation to a new or different use... What about my new flooring? Would it count as a repair or a property improvement? The carpet I replaced was from the 1980s, had water damage stains from a pipe burst, and was detaching from the baseboards. The new flooring is definitely a material part of the property and adds real value. Can I deduct these expenses for the 2021 tax year even without rental income? (Remember, property management agreement in December 2021, but tenant lease not until January 2022). If deductible, can I include both materials and labor costs?

QuantumQuest

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One thing nobody's mentioned yet - make sure you're allocating expenses properly if you lived in the condo for part of December before moving to your new primary residence. You can only deduct expenses from the period when the property was held for rental purposes. Also, regarding the new flooring, if it was installed while you were still using it as your primary residence, before you made it available for rent, you might have to treat it differently. The timing matters a lot here.

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That's a good point I hadn't considered! I actually moved out completely in late November, and the flooring work was completed in early December before I signed with the property management company on December 15th. Would that affect how the flooring is treated? And would the HOA fees for December be fully deductible then?

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QuantumQuest

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Since you moved out in late November and the flooring was installed in early December before signing with the property management company, that timing actually helps your case. The flooring work was done while the property was being prepared for rental use, not while you were using it as a personal residence. The HOA fees for December would likely be fully deductible since the property was no longer your personal residence during that month. Just make sure you have documentation showing you had moved out in November and that the property was being prepared for rental use in December. The property management agreement from December 15th is excellent supporting documentation of your intent to rent the property.

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Amina Sy

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Don't forget about the possible passive activity loss limitations. If your adjusted gross income is under $100k, you can deduct up to $25,000 in passive rental losses against other income. This phases out as your AGI increases from $100k to $150k. If your AGI is over $150k, you generally can't deduct rental losses against other income - they get carried forward to future years.

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This is super important! I got hit with this last year when I couldn't deduct my rental losses because my income was too high. The carry-forward helped eventually, but it wasn't what I expected when filing that first year with the rental property. Also, doesn't the fact that OP is actively participating in rental management affect this? Or does using a property management company automatically make it non-active participation?

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Sadie Benitez

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I'm a freelance illustrator in Australia who works with US clients regularly. Here's what I've learned: 1. Create a professional invoice that clearly states it's a "Tax Invoice" at the top 2. Include both your country's tax ID (if you have one) and note that you're not registered for GST 3. Specify that the amount is "GST/VAT exempt - exported service" 4. Make sure to keep copies of everything for your annual tax filing Most US companies are used to working with international contractors. They'll likely have you fill out a W-8BEN form which just confirms you're not a US person for tax purposes. Also, definitely check with your client whether the agreed amount is pre-tax or the final amount you'll receive. In my experience, when US clients quote a price, they mean the exact amount they'll pay you - no hidden deductions.

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Raul Neal

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Thanks for this advice! When you say to keep copies of everything, how long do you typically hold onto those records? And has any US client ever withheld any taxes from your payments despite having the W-8BEN on file?

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Sadie Benitez

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I keep all my records for at least 7 years, which is what our tax office recommends in Australia. It's better to be safe than sorry when it comes to tax documentation, especially for international work. I've never had a US client withhold taxes after properly filing the W-8BEN form. That's actually the whole purpose of the form - it certifies you're not subject to US tax withholding. In the rare case where a client does withhold something, you should contact them immediately as they've likely made an error in their accounting system.

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Drew Hathaway

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Just a quick heads up - even though you're not charging GST to your US client, you still need to include all this income in your annual NZ tax return. The IRD will want to know about all your worldwide income. As your income grows from freelancing, you might want to look into whether you should register for GST voluntarily. There can be advantages if you're purchasing equipment or services for your business, as you can claim back the GST on those purchases. Also, keep track of your exchange rates when you receive payment. The IRD will want you to convert your USD income to NZD for tax reporting purposes. You can use the official IRD rates or keep records of the actual exchange rate when you received payment.

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Laila Prince

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This is super helpful! Do you know if there's a specific form or section in the NZ tax return where international income needs to be reported differently than domestic income? I'm just starting out with US clients too.

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Can I claim the refundable AOTC credit if I was part-time in my final semester?

I'm trying to figure out my eligibility for the American Opportunity Tax Credit (AOTC). I graduated with my Bachelor's degree in May 2023, and during my final semester (January-May), I was only enrolled part-time since I just needed a few classes to finish. I'm getting conflicting information from different tax software. I tried TurboTax first, and it calculated that I should receive $1000 from the AOTC. But when I entered the same information in FreeTaxUSA, it says I should get $0. FreeTaxUSA shows this message: "The 40% refundable part of the American Opportunity Credit is only available if you provided one half or more of your own support during 2023. You are still eligible for the nonrefundable part of the American Opportunity Credit no matter how you answer the question below." Since my parents provided more than half of my support in 2023, I initially thought I wasn't eligible for the refundable portion. But when I read the requirements more carefully, it says: "If you're under age 24, you can't claim the refundable American Opportunity Credit if all three situations below apply to you: 1. You were: * Under age 18 at the end of 2023, or * Age 18 at the end of 2023 and your earned income was less than one-half of your support, or * Over age 18 and under age 24 at the end of 2023 and a full-time student for five months or more and your earned income was less than one-half of your support. 2. At least one of your parents was alive at the end of 2023. 3. You're not filing a joint return with a spouse for 2023." Since I was NOT a full-time student for five months or more in 2023 (only part-time in my final semester), it seems like not all three situations apply to me. Is this a loophole that makes me eligible for the refundable portion? I don't want to claim something I shouldn't and end up owing it back later. Any advice on whether I should claim this $1000 refundable credit?

Andre Dubois

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Another thing to consider is whether you've already claimed the AOTC for 4 tax years. The AOTC can only be claimed for a maximum of 4 tax years per student. If you've been in school for more than 4 years or took some time off, you might have already maxed out your eligibility.

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Zara Khan

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I've only claimed it for 3 previous tax years (2020, 2021, and 2022), so this would be my 4th and final year of eligibility. I did check that part!

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Andre Dubois

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Perfect! Then you should be good to go on that front. The 4-year limit trips up a lot of people, especially if they've taken gap years or had a non-traditional education path. Since this is your 4th year claiming it, make sure to keep extra good documentation in case of an audit.

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CyberSamurai

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Confused about one thing - if the student is claimed as a dependent, who actually gets to claim the AOTC? The student or the parent? My son is in college and we claim him as dependent.

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Luca Ferrari

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If you claim your son as a dependent, then YOU (the parent) would claim the AOTC on your tax return, not your son on his return. The person who claims the student as a dependent gets to claim the education credits. The only exception is the refundable portion we're discussing here. If your son meets all AOTC qualifications but doesn't meet the disqualifying factors (like not being a full-time student for 5+ months), then he could potentially receive the refundable portion on his return even if you claim the non-refundable portion.

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