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Have you considered gifting money to your dad instead? While you can't deduct gifts on your taxes, you are allowed to gift up to $17,000 per year to any individual without having to file a gift tax return. Anything over that amount would require filing Form 709, but you still wouldn't owe any taxes until you exceed your lifetime gift exemption (currently over $12 million). This isn't a tax deduction, but it at least gives you a way to support your father without any additional tax implications for you.
I appreciate the suggestion! In this case, I actually paid the hospital directly rather than gifting money to my dad, but that's good to know for future reference. Would it have made any difference tax-wise if I had sent him the money first and then he paid the hospital? Or is the end result the same either way?
The end result would be exactly the same tax-wise. Whether you pay the hospital directly or give your father the money to pay, the IRS views it the same way - as a gift to your father. Neither approach would give you a tax deduction. The only practical difference is that paying directly ensures the money is used for its intended purpose, and sometimes hospitals offer cash discounts or payment plans when working directly with them. But from a tax perspective, there's no advantage to either approach.
Just to add another option to consider - you could look at this from a business expense angle if applicable. Do you own a business or are you self-employed? If your father provided any services to your business (consulting, translation, administration, etc.) you could potentially pay him as a contractor and deduct that as a business expense. This needs to be legitimate work with proper documentation, but it's sometimes an option for families with international ties. Just make sure everything is properly documented with contracts, invoices, and evidence of the work performed.
9 Former international student advisor here. One thing to check that nobody's mentioned yet is if SPRINTAX applied the correct FICA exemption. As a J1 visa holder, you should be exempt from Social Security and Medicare taxes (FICA) during your first 2 calendar years in the US. If your employer incorrectly withheld these taxes (which happens A LOT), you should be getting those back in your refund. Check your W2 boxes 4 and 6 - if there are amounts there, you should be getting those back completely, which could be a significant amount!
7 Omg thank you for mentioning this! I just checked my W2 and there's like $300 in box 4 and $75 in box 6. SPRINTAX never mentioned anything about this. Do I need to file something special to get these back??
9 You need to file Form 8843 along with a special statement requesting a refund of incorrectly withheld FICA taxes. SPRINTAX should have this capability, but sometimes you need to specifically indicate your FICA exempt status. If they missed this, you can either restart your SPRINTAX return and make sure to answer the FICA questions correctly, or use a different service that better handles J1 visa FICA exemptions. This could easily explain why your friends got larger refunds if they properly claimed their FICA exemptions and you didn't.
4 Just wanted to add that tax refund amounts can vary widely even among J1 visa holders from the same country working in the same state. The biggest factors are: 1. Your actual income amount 2. How long you worked (partial year vs full year) 3. If your employer withheld at the correct rate 4. Whether you had any US source income before arriving I'm guessing your friends who got bigger refunds either had higher withholding relative to their income, or they successfully claimed FICA exemptions that you might have missed.
Quick tip from someone who dealt with this last year - make sure you also check your state tax requirements. In some states, you need to file additional paperwork at the state level to report misclassification. I'm in California and had to file a separate form with the state labor board. Also, keep detailed records of EVERYTHING that shows you were treated as an employee - emails about your schedule, equipment they provided, org charts showing your supervisor, orientation materials, etc. If you get audited or the company challenges your misclassification claim, this evidence will be crucial.
Thanks for mentioning this! I'm in New York - do you know if I need to file anything special with the state here? I definitely have plenty of evidence (emails, company handbook they gave me, etc). Should I be reaching out to the company about this or just handle it on my tax forms?
New York has pretty strong worker protection laws. You'll want to look into filing the IT-2104 form which is NY's equivalent of the W-4 for your state taxes. Also consider filing a report with the NY Department of Labor about the misclassification - they take these cases seriously and can help recover the employer portion of taxes you shouldn't have to pay. Regarding contacting the company, it depends on your relationship with them. Some people have success simply explaining the situation to their former employer and requesting they issue a corrected W-2. Others find this creates conflict. If you need them as a reference, consider how approaching them might affect that relationship. Either way, you can still file correctly on your end using Form 8919 even if they refuse to correct their mistake.
Has anyone actually had the IRS rule in their favor on an SS-8 form? I filed one 2 years ago for a similar situation and it took 11 months to get a determination letter. They did rule I was an employee but by then I had already paid the full self-employment tax. Had to file an amended return to get the overpaid taxes back.
Yes! I got a favorable determination but it took forever (9 months). The key was documenting everything thoroughly in the initial filing. I included copies of emails showing they controlled my schedule, photos of the company equipment I was required to use, their employee handbook they made me follow, etc. The more evidence you provide upfront, the faster and more likely you'll get a favorable ruling.
For those unfiled years, I recommend filing them in order from oldest to newest. We had to file 4 years of back taxes for my father-in-law who had health issues, and doing them chronologically made it much easier to track everything. Also, put each year in a separate envelope! We made the mistake of sending multiple years in one package and it caused confusion at the IRS processing center.
Thank you for that tip about separate envelopes! I definitely would have put them all in one package thinking I was being efficient. Did you receive any kind of confirmation when they received/processed the returns? I'm worried about them getting lost in the mail.
You should definitely send them certified mail with return receipt requested through USPS. That way you'll get confirmation they were delivered. As for processing, it took about 4-5 months before we saw any activity - they're very slow with paper returns. Eventually, we received notices for each return - either bills for what was owed (with penalties) or notices about refunds. If you're really concerned, you can check your husband's IRS transcript online about 6-8 weeks after sending them to see if they show as processed.
Just a heads up - for that 2016 return, if your husband was owed a refund, he's probably out of luck now. The deadline for claiming refunds is generally 3 years from the original due date. So for 2016, that would have been April 2020. But he should still file it! Even if he can't get the refund, having a complete tax history is important for things like mortgage applications, loan approvals, etc.
Yep, this is correct. I worked for a tax firm and we had clients who lost out on thousands in refunds because they waited too long. The 3-year rule for refunds is strict, but the IRS can come after you for taxes owed for much longer!
AstroExplorer
Something nobody has mentioned yet - you need to be careful about whether your business in Turkey is actually considered a foreign corporation rather than a sole proprietorship by US tax law, regardless of how it's set up in Turkey. If it's registered as any kind of separate legal entity in Turkey, the IRS might consider it a foreign corporation, which would require completely different tax forms (like Form 5471) and potentially expose you to Subpart F income and GILTI tax provisions. This is a huge distinction that would completely change how you report income and expenses. What specific legal structure did you use to establish the business in Turkey? The US tax treatment might be different than what you think.
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Carmen Flores
ā¢I registered it as what they call an "individual enterprise" in Turkey, which is basically their version of a sole proprietorship. There's no separate legal entity - the business and I are the same for liability purposes. Does that change anything about how I should approach the US tax side?
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AstroExplorer
ā¢That's good news! If it's truly equivalent to a US sole proprietorship with no separate legal entity status, then you're on the right track with Schedule C reporting. Just make sure you keep documentation showing the legal status in Turkey in case of any IRS questions. Just be aware that as your business grows, you might want to consider the implications of potential liability exposure since you're personally liable for the business. Many people with foreign operations eventually set up an LLC in the US that owns the foreign business operations to create some liability protection while still maintaining pass-through tax treatment.
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Giovanni Moretti
Has anyone here used TurboTax to file with foreign business expenses? I'm in a similar situation with a business in Mexico and wondering if I need special software or if TurboTax Premium will handle Schedule C with foreign expenses properly.
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Fatima Al-Farsi
ā¢I used TurboTax Self-Employed last year for my Canada-based consulting business and it handled the Schedule C foreign expenses fine. You just enter everything in USD after converting the amounts yourself. The software doesn't help with the currency conversion or FBAR filing though - you have to handle that separately.
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