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One thing nobody's mentioned yet: If you're making under the Foreign Earned Income Exclusion amount (which you definitely are), make sure you're also looking at the tax treaties between France and the US. The treaty has specific provisions for certain types of income that might benefit you when you start investing. Also, consider opening a brokerage account with a US company that accepts foreign residents like Interactive Brokers or Schwab International. This bypasses a lot of the FATCA headaches since you're investing through US institutions rather than French ones.
Are you saying I should just avoid French investment options entirely? That seems extreme just to avoid some paperwork. Are there any decent investment options that are compatible with both French and US tax systems?
I'm not saying avoid French options entirely, but you should be selective. The main investments to avoid are foreign mutual funds and similar pooled investments that get classified as PFICs. Look into individual stocks, bonds, or ETFs that are listed on US exchanges even if bought through a French broker (though finding one that accepts US citizens can be challenging). Some French banks have created US-compliant investment products specifically for Americans living in France. Another option is to use a US brokerage while living abroad. The paperwork is much simpler for US tax purposes, though you'll still need to report the investment income on your French taxes. The US-France tax treaty prevents double taxation in most cases.
Don't forget about state taxes! Depending on which state you had as your last residence before moving abroad (or if you were born abroad, possibly your parents' last state), you might still have filing requirements there too. Some states like California and Virginia are notorious for trying to claim you as a resident even after you've left.
Just a heads up - I had this exact issue when I worked 2 jobs last year. Made sure to claim my excess SS on Schedule 3, but my return got flagged for "verification" and delayed my refund by 3 months. Found out later this is pretty common when claiming excess SS tax. If possible, try to file early so you have time to deal with any potential delays. And keep all your W-2s organized in case they ask for documentation. They didn't ask me for anything, but better safe than sorry.
Did you get your full refund eventually? And did they contact you during those 3 months or was it just radio silence while they were verifying?
Yes, I did get my full refund including the excess Social Security tax amount. They didn't adjust anything once they verified my information. During those 3 months, it was mostly radio silence. I kept checking the "Where's My Refund" tool, and it just said "Your refund is being processed" the entire time. I called once after about 2 months and was told it was in the verification department and I just needed to wait. Then one day the status suddenly changed to approved, and I got the deposit a few days later.
My tax guy says we shouldn't file the 843 form at all. He said to put the excess on line 11 of Schedule 3 (the Credit for Excess Social Security Tax Withheld line). I'm using a diff tax software than you but all of them should have this. Add up all your W-2 box 4 amounts, subtract $10,453, and what's left is your credit. No need to contact employers or file extra forms. Much easier!
Thanks so much for this! I just checked my tax software and found the Schedule 3 section. You're right - there's a specific line for "Excess social security tax withheld" and it was really straightforward to enter. I was definitely overthinking this. After entering the information, my refund increased by the exact amount of my excess withholding. No need for Form 843 or contacting employers at all!
Make sure your brother keeps really good records about this settlement! Even without a 1099, the IRS can still find out about it if the other company deducts it as a business expense on their taxes. My friend didn't report a settlement and got a nasty CP2000 notice two years later.
That's a really good point, I didn't even think about the company deducting it on their end. I'll definitely tell him to keep all the settlement paperwork and document everything. Would you recommend he send in any specific documentation with his tax return, or just keep it all on hand in case of questions?
I wouldn't send any extra documentation with the return itself. The IRS doesn't want that unless they specifically ask for it. Just have him keep all the settlement documents, correspondence, and proof of the payment amount in a safe place for at least 7 years (the extended audit timeline). Also, when he reports it on Schedule 1, Line 8z, he should write a brief description like "Breach of contract settlement" next to it. That shows transparency and makes it clear he's not trying to hide anything.
Has your brother asked the company to reconsider providing a 1099? Even though they said they won't issue one, it's technically required for payments over $600 in the course of business. Maybe worth asking again.
Another option is to open your own bank account if possible. Some banks offer teen accounts that your parents don't have access to. Then you can have your refund direct deposited there. If your dad is filing your taxes for you, make sure you see the final return before it's submitted and verify your refund is going to YOUR account, not his. If he's e-filing, you should be able to see where the refund is being directed.
Can I even open my own bank account at 17 though? I thought you had to be 18 to do that without a parent.
Most major banks offer teen checking accounts starting around age 13-16, but they typically require a parent as a co-owner until you're 18. However, some credit unions and online banks have better options for minors with more privacy. Even with a joint account, your dad would technically be violating the account agreement if he took money that was clearly yours (like a tax refund) for his own use. You could also consider asking another trusted adult (like an aunt, uncle, or grandparent) to help you open an account instead of your dad.
I had this exact situation when I was 16! My dad tried to claim my $700 refund and I ended up filing my own taxes (super easy with free tax software) and getting the money sent to my aunt's address as a paper check. My dad was LIVID but couldn't do anything about it. Just make sure you file BEFORE your dad tries to claim your income on his taxes. If he's already filed and included your income incorrectly, it gets more complicated.
Julian Paolo
Whatever you do, don't pay Optima or other big tax relief firms those crazy fees! I was in your exact situation (3 years unfiled) and first got quoted $3000+ from a relief company. Ended up finding a local EA (Enrolled Agent) who did all three years for $750 total. The key is finding someone who specializes in tax preparation, not tax relief. The "tax relief" industry is filled with high-pressure sales tactics and huge markups.
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Lucy Taylor
ā¢Thanks for the suggestion! How did you find your EA? Did you just google local tax professionals or is there a specific directory I should look at?
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Julian Paolo
ā¢I found mine through the National Association of Enrolled Agents directory (naea.org). You can search by location and even by specialties like "back taxes" or "IRS representation." I'd recommend calling at least 3-4 of them for quotes and asking specifically about their experience with unfiled returns. Some will also offer free initial consultations where they can give you a ballpark estimate of what you might owe before you commit to hiring them.
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Ella Knight
Just want to add - make sure you file ASAP! The failure-to-file penalty is much higher than the failure-to-pay penalty, so even if you can't pay what you owe right away, getting those returns filed will stop the bigger penalty from growing.
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William Schwarz
ā¢This is a really important point. The failure-to-file penalty is 5% of unpaid taxes per month up to 25%, while failure-to-pay is only 0.5% per month. So filing even if you can't pay saves you 4.5% per month!
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