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One option nobody's mentioned yet is an Offer in Compromise, where the IRS agrees to settle your tax debt for less than the full amount if you can prove you'll never reasonably be able to pay it all. My brother owed nearly $18k and got it settled for about $6k. You need to complete Form 656 and there's an application fee, but it could be worth looking into if your financial situation is really dire.
Thanks for bringing this up! Would I qualify for an Offer in Compromise with only $2,400 owed? I always thought that was for people with massive tax debts. My financial situation isn't great, but I do have steady income - just not enough extra to pay this all at once.
There's no minimum amount required for an Offer in Compromise, but with only $2,400 owed, it might not be your best option. The application fee is $205 unless you qualify for low-income certification, and the process can take 6-24 months with no guarantee of acceptance. In your situation with steady income, a long-term payment plan is probably more practical. The IRS will likely approve a 72-month plan with payments around $40-50 per month on your balance. That's much easier to manage and doesn't require the extensive financial documentation an OIC needs.
Whatever you do DO NOT ignore the IRS!!! I made that mistake in 2021 and ended up with a tax lien that destroyed my credit. Plus the penalties and interest nearly doubled my original amount. Call them asap and get on a payment plan you can actually afford even if its small monthly payments. They just want to see your making an effort.
Having been an international student advisor for years, I can share that you should definitely use your last US address from when you were physically present in 2019. For the substantial presence test exception, you're on the right track with the citations, but make sure you also complete Part II of Form 8843 completely. Since your OPT was pending and then approved (even though you didn't use it), you maintained your F-1 status during that period in 2019, which means you still qualify for the student exemption from the substantial presence test. Keep in mind that the 5-year rule might impact you soon if you return to the US, since you started in 2013. After 5 calendar years of presence as a student, the substantial presence test exemption begins to have limitations.
Thank you for this detailed information. I've been worried about the 5-year rule. Since I started school in Fall 2013 and left in March 2019, have I already exceeded the 5-year limit for the student exemption? Or does it work by calendar years rather than academic years?
The 5-year rule works by calendar years, not academic years. So if you were first present as a student in 2013, then 2013, 2014, 2015, 2016, and 2017 would be your five exempt years. Starting in 2018, you would need to count days toward the substantial presence test. However, there's an important exception - you can still claim the exemption beyond 5 years if you can establish that you do not intend to reside permanently in the US and you have substantially complied with the requirements of your visa. Since you left the US and canceled your OPT, you have a strong case that you didn't intend to remain permanently, which might allow you to claim the exemption for 2018 and the partial year 2019 as well.
Just a quick tip - make sure you're using the correct version of Form 8843 for the 2019 tax year. The IRS sometimes updates these forms, and using the wrong year's form could delay processing. Has anyone used TurboTax or other software for filing as a former international student? I'm in a similar situation.
I tried using TurboTax for my international student filing and it was a disaster. It's really not designed for nonresident aliens or Form 8843. I ended up having to do it manually. H&R Block has slightly better options for international students but still limited.
As a small accounting firm owner, I've dealt with these W-2 penalties several times. One thing not mentioned yet - make sure to specify in your request that you want an abatement of both the penalty AND any interest that's accrued on the penalty amount. The IRS sometimes will remove the penalty but forget to remove the interest. Also, if your first request is denied (which happens sometimes automatically), appeal it! The appeals process often gets you in front of someone who has more authority to consider the circumstances. We've had about 70% success rate with penalty abatements when we show a clear timeline and documentation of efforts to comply.
Thanks for mentioning the interest part - I wouldn't have thought of that! Do you typically include bank statements or something to prove when we called the SSA? I'm trying to figure out what kind of documentation would be most convincing.
For documentation, phone records are helpful if you have them, but emails are better since they show the content of the communication. If you have any confirmation emails from when you registered the new employee with the SSA, definitely include those. Screenshots of the registration process showing dates are also useful. The postmarked envelope that contained your PIN is excellent evidence - keep that if you still have it! What really helps is creating a simple timeline document that lines up all your actions chronologically so the IRS can easily see your good faith efforts. The clearer you make it for them, the better your chances.
Just wondering - did anyone try the IRS's Online Payment Agreement system for this? We had a smaller W-2 penalty (about $2800) and couldn't get it abated, but we were able to set up a payment plan over 72 months which made it much more manageable. The interest rate wasn't terrible compared to other options.
I did this for a different tax issue. The online setup was pretty easy but there's a small setup fee. I think it was like $130 for the online application but would have been more if I'd done it by phone or mail. Just be aware that interest continues to accrue on the outstanding balance throughout the payment plan.
Don't forget about self-employed retirement plans! If you had any self-employment income in 2023 (even side gig stuff), you might be eligible for a SEP IRA contribution which could significantly reduce your AGI. You can contribute up to 25% of your net self-employment income, up to a max of $66,000 for 2023. The best part is you can establish and fund a SEP IRA up until your tax filing deadline INCLUDING EXTENSIONS. So if you extend your return to October, you have until then to fund it!
Thanks for mentioning this! I actually did do some freelance work last year that I reported on Schedule C. Would I need to open a specific type of account for this SEP IRA thing? And does the contribution have to be from the freelance income specifically or can it come from my savings?
You'll need to open a specific SEP IRA account at a brokerage like Vanguard, Fidelity, or Schwab. Most have simple online applications and you can designate it as a SEP IRA during the account creation process. The contribution can come from any of your personal funds - it doesn't have to be directly from your freelance earnings. The important thing is that your contribution can't exceed 25% of your net self-employment income (after deducting expenses and the self-employment tax deduction). If you made $10,000 in net profit from freelancing, you could contribute up to about $2,500 to a SEP IRA which would directly reduce your AGI by that amount.
Has anyone tried making qualified charitable distributions from an IRA to reduce AGI? My tax guy mentioned this but I'm not sure if it works or if there's an age requirement.
Qualified Charitable Distributions (QCDs) only work if you're 70.5 years or older, and they're made directly from your IRA to the charity. They don't technically reduce your AGI but they do reduce your taxable income. If you're younger, regular charitable contributions won't reduce AGI either - they're itemized deductions that come after AGI is calculated.
Dylan Campbell
Has anyone had experience with both FreeTaxUSA and TaxSlayer? I used FreeTaxUSA last year and hit the exact AGI issue mentioned in this post. Considering TaxSlayer for next filing season, but wanted real opinions before switching.
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Sofia Hernandez
โขI've used both! TaxSlayer has a better interface imo and I never had the AGI verification issue with them. Their deluxe version is like $40 and includes one state return which is way cheaper than TurboTax or H&R Block. FreeTaxUSA is cheaper but TaxSlayer's extra guidance was worth it for me.
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Dylan Campbell
โขThanks for sharing your experience! The interface quality is important to me, and $40 including a state return sounds reasonable. Did you find TaxSlayer's guidance helpful for more complex tax situations? I have some investment income and a side business I need to report.
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Dmitry Kuznetsov
I actually had the opposite experience with FreeTaxUSA. Been using them for 5 years with zero issues. The e-filing has always worked smoothly for me and my returns are fairly complex with self-employment income, investment accounts, and rental property. Their customer service responded within hours when I had questions. Only cost me $12.95 for federal + state filing this past season, which is ridiculously cheap compared to TurboTax ($89+) or H&R Block ($75+). Maybe I've just been lucky but wanted to provide a different perspective!
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Zoe Papadakis
โขInteresting to hear you've had such a good experience! Do you think there might be something specific about certain tax situations that causes the AGI verification issues for some people? Also, have you ever had to amend a return with them, and if so, how was that process?
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Dmitry Kuznetsov
โขI think the AGI verification issues might be related to specific scenarios like amended returns or returns with unusual adjustments. Since my tax situation is complex but consistent year-to-year, that might be why I haven't had problems. I did have to amend a return once due to a late-arriving K-1 form. The amendment process with FreeTaxUSA was actually pretty straightforward. They walk you through which forms need to be updated, generate the 1040-X, and provide clear instructions for mailing the paper amendment. They don't offer e-filing for amendments, but that's true for most tax software since the IRS only recently started accepting e-filed amendments.
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