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To add something that hasn't been mentioned yet - you should also check state tax requirements for both your abandoned Delaware LLC and your new New Mexico LLC. Even if you never conducted business in Delaware, some states require filing annual reports and tax returns just for having an LLC registered there. For your New Mexico LLC, you'll need to make sure you're properly registered for state taxes there too. If you're using the same EIN, be extra careful that you're not accidentally creating nexus in both states, which could subject you to taxation in both places. Also, as a foreign owner, don't forget about potential FBAR and FATCA requirements depending on your specific situation. Those have separate, equally harsh penalties for non-compliance.
Thanks for bringing this up. I did pay the Delaware annual franchise tax for 2023, but then stopped when I abandoned the LLC. Should I have formally dissolved it with the state? As for New Mexico, I've registered for gross receipts tax but didn't think about how using the same EIN might create confusion. Would filing state tax returns in NM using the same EIN potentially trigger Delaware to think I'm still active there?
Yes, you should have formally dissolved your Delaware LLC by filing a Certificate of Cancellation with the Delaware Division of Corporations. Without formal dissolution, Delaware will continue to consider your entity active and may assess annual franchise taxes and penalties for failure to file. For New Mexico, using the same EIN shouldn't automatically trigger issues with Delaware, as they're separate state systems. However, for clarity in your records and to prevent future confusion, I strongly recommend formally dissolving the Delaware entity. It typically costs around $200 to file the dissolution paperwork, which is much cheaper than continued annual fees or potential penalties. The good news is that most states allow late dissolutions, so you can still properly close the Delaware LLC even though it's been a while since you abandoned it. This clean break will help you avoid any state tax complications while you focus on resolving the federal filing requirements we discussed earlier.
Just wanted to share what I learned from my tax attorney about this specific situation, as I went through something nearly identical. The key is understanding the distinction between: 1) Your actual legal entities (the Delaware LLC and the New Mexico LLC), which are separate under state law 2) How the IRS classifies and tracks these entities for federal tax purposes For the IRS, since you're a foreign owner of a single-member LLC, your entities are considered "foreign-owned disregarded entities" that have special reporting requirements. The IRS cares less about which state they're in and more about tracking you as the foreign owner. Using the same EIN is correct in your situation, but you ABSOLUTELY need to file those 5472 forms for any years your Delaware LLC existed. The penalties are insane - $25,000 per form per year - and they've been actively enforcing them since 2018.
Is there a way to check if the IRS has already assessed penalties for the unfiled 5472 forms? I'm worried they might have been sending notices to my old address.
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.
I'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.
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!
Interesting 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?
I 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.
Have you checked if you're eligible for the Earned Income Tax Credit? If your income is around $38,500 you might qualify depending on your exact situation. That could help offset some of what you owe. Also, make sure you're taking the standard deduction which is $13,850 for single filers this year.
Thanks for the suggestion! I don't think I qualify for EITC since I don't have kids and my income is a bit too high for a single person. I am taking the standard deduction though. It sounds like my real issue is the self-employment taxes on that gig income that I didn't plan for. Lesson learned for next year - I'll be setting aside money each month from my gig work.
Anyone else notice that the tax software companies make it really easy to miss deductions for self-employed people? I swear they hide that stuff on purpose unless you pay for their premium versions. I switched to FreeTaxUSA last year and found so many more deductions than TurboTax showed me.
Completely agree! TurboTax kept trying to upsell me to their $120 version to "maximize self-employment deductions." FreeTaxUSA found all the same stuff for like $15. And their interface actually explains things better too.
That's good to know! I felt like I was taking crazy pills when I switched and suddenly found all these deductions TurboTax never mentioned. Their basic version is practically useless for anyone with slightly complicated taxes. FreeTaxUSA actually walks you through the self-employment section with helpful explanations instead of dangling premium features in front of you constantly.
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.
NebulaNomad
Here's something nobody mentioned yet: you might want to check if your plan allows for "true-up" contributions. Some 401(k) plans will automatically adjust at year-end to ensure you get the full employer match if you hit your contribution limit early and stopped contributing. If your plan has this feature, it could explain why ADP is treating your contribution differently than what appears on your W-2. It's just another angle to consider when sorting this out.
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Zainab Ahmed
โขI've never heard of "true-up" contributions. Would that explain why ADP insists the W-2 box 12 amount is "meaningless" compared to when contributions actually hit my account?
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NebulaNomad
โขYes, that might explain their strange language about the W-2 being "meaningless." With true-up contributions, the employer makes additional deposits to your 401(k) to ensure you receive the full match you're entitled to, even if your own contributions were front-loaded during the year. These adjustments typically happen in January for the previous year, which aligns with what they told you about January 2024 crediting. However, for contribution limit purposes, the IRS still looks at the tax year shown on your W-2. I'd suggest specifically asking ADP if your final "contribution" was actually a true-up adjustment rather than a regular paycheck deduction.
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Javier Garcia
I see everyone focusing on the 401(k) timing, but let's not miss the big picture here. If your W-2 shows $30,590 in Box 12, you're definitely over the 2023 contribution limit of $22,500 (or $30,000 if you're 50+). Even if some deposits happened in January 2024, you need to get this fixed ASAP. Request the excess corrective distribution NOW, before April 15th. The 1099-R timing is a separate issue - yes, you'll get it next year, but you need to request the correction this year to avoid penalties.
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Emma Taylor
โขThe limit for 2023 was $22,500, but don't forget they might have both traditional and Roth 401k contributions combined in that box, or maybe there's employer matching included? Not all money in box 12 counts toward the employee limit.
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