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Caesar Grant

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Just a warning - if you claimed the Earned Income Tax Credit or Additional Child Tax Credit, your refund is automatically held until at least mid-February regardless of when you filed. It's a fraud prevention measure and there's no way around it. Learned this the hard way last year when I filed January 24th but still didn't get my refund until February 27th.

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Lena Schultz

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Can confirm! Filed on January 20th this year claiming EITC and my return still shows "processing" in the tracker. Super frustrating when you need the money.

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Gemma Andrews

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I filed with EITC too and the delay is because of the PATH Act. The IRS legally can't issue refunds for returns with these credits before mid-February, no matter how early you file.

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Thanks for all the detailed responses everyone! This is super helpful as a first-time filer. I went ahead and checked out that "Where's My Refund" tool Ben mentioned and it's showing "Return Received" so far. I filed electronically with direct deposit about 10 days ago, so sounds like I'm still within the normal timeframe. One question though - I did claim some education credits for my college expenses. Based on what Caesar mentioned about certain credits causing delays, should I expect this to take longer than the standard 21 days? I'm not in a huge rush but it would be nice to know what to realistically expect. Also really appreciate the tip about Wednesday morning deposits Kara - I'll definitely keep that in mind once it gets approved!

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Sasha Ivanov

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This might be a longshot, but are there any other Brazilian citizens here who have gone through this process? I'm curious about how the Brazil-US tax treaty affects stipend withholding. My university withheld 30% instead of the 14% mentioned by OP, and I'm wondering if I'm missing something about our tax treaty provisions.

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Liam Murphy

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Not Brazilian, but I'm from Mexico and had a similar issue. The withholding rate depends on the specific type of payment and your status. For example, fellowship stipends for study/training are often eligible for a reduced treaty rate (usually 0-15%), while other types of income might be subject to the standard 30% NRA withholding. If the university misclassified your payment type or didn't properly apply the treaty benefit, they might have withheld at the default 30% rate. When you file your return with the correct treaty article cited, you should get the excess withholding refunded.

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I've been following this thread closely since I'm dealing with a similar situation as a visiting scholar from Germany. Just wanted to add a few observations that might help: For those struggling with the substantial presence test calculation, there's actually a helpful worksheet in IRS Publication 519 that walks through the exact formula. The key thing to remember is that days in the current year count as full days, previous year counts as 1/3, and two years prior counts as 1/6. Most short-term visitors won't meet the 183-day threshold. Regarding the Free File options, I found that TaxAct's free version through the IRS Free File portal actually does support Form 1040NR and can handle 1042-S situations, though you need to make sure you're accessing it through the official IRS gateway and not their regular website. One thing I haven't seen mentioned yet is that if you're claiming treaty benefits, you should also file Form 8833 (Treaty-Based Return Position Disclosure) in many cases. This is often overlooked but can cause processing delays if missed. The instructions for your specific treaty will tell you when it's required. Also, for anyone still waiting on refunds - the IRS typically takes longer to process returns with international elements, especially first-time filers with ITINs. Don't panic if it takes 2-3 months; that's unfortunately normal for our situations.

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Emily Sanjay

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@d03ec506ad7d mentioned TaxAct through Free File - I actually used this last year for my situation as a postdoc from the UK. The treaty benefits section was pretty straightforward once I found it. You select your country from a dropdown, and it walks you through the relevant articles. For Canada-US treaty, it should automatically recognize the common fellowship/scholarship exemptions under Article XX. One tip: make sure you have your exact income classification ready when you go through the treaty section. The software will ask whether your fellowship was for study, research, or training, and the treaty benefits can vary slightly depending on how it's classified. Also keep your 1042-S handy since you'll need to verify that the income codes match what you're claiming treaty benefits for. @4c9bd1943bf6 - definitely double-check that Form 8833 requirement. For Canadian residents, it's usually required when you're claiming treaty benefits that would otherwise result in a reduction of withholding. Since you mentioned a research fellowship, you'll likely need it.

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Freya Larsen

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I used TaxAct through the Free File portal for my German situation last year, and it did handle the treaty benefits reasonably well. You have to manually select the treaty article that applies to your income type, but it walks you through the common scenarios. For Canada-US treaty, Article XX (Students and Trainees) is probably what you'll need for fellowship income - it typically provides exemption from US tax for qualifying educational payments. The software prompted me to attach Form 8833 when I claimed treaty benefits, so it should catch that requirement for you too. Just make sure you have your treaty article number and the specific provision you're claiming ready when you go through the interview process. One heads up though - even with the treaty provisions properly applied, I still had to wait about 10 weeks for my refund because the IRS manually reviews most treaty-based returns. But it did come through eventually with the full amount I was expecting.

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Benjamin Kim

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Does anyone know if FreeTaxUSA handles the new digital nomad visa situations? I split 2022 between Colombia, Portugal, and Mexico on various remote work visas while working for a US company that paid me as a contractor (1099-NEC). So technically it's US income but earned while I was physically abroad. I'm so confused about where to put this!

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Benjamin Kim

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Thanks for clarifying! That makes sense that it's still US-source income. I think I do qualify for the Physical Presence Test since I was outside the US for 330+ days last year. Just to be clear - in FreeTaxUSA, I should first enter my 1099-NEC income as self-employment, then separately go to the Foreign Income section to claim the exclusion on that same income? I don't want to accidentally report the same income twice.

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NeonNova

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Exactly right! You'll first enter your 1099-NEC income on Schedule C as self-employment income in FreeTaxUSA. Then you'll go to the Foreign Income section and complete Form 2555 for the Foreign Earned Income Exclusion. The software will automatically coordinate between the two - it won't double-count your income. When you complete the FEIE section, you'll indicate that you're excluding self-employment income that you already reported elsewhere in your return. FreeTaxUSA will then reduce your taxable income by the exclusion amount (up to the limit for 2022, which was $112,000). Just make sure you have good records of your travel dates to prove you meet the Physical Presence Test - you'll need to show you were outside the US for at least 330 days during a consecutive 12-month period. The IRS can be pretty strict about this requirement.

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Amara Okafor

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Just wanted to add something that helped me when I was in a similar situation. If you're using FreeTaxUSA and dealing with foreign income, make sure you also check if you need to file Form 8938 (FATCA) in addition to the FBAR that Lucy mentioned. The thresholds are different - FBAR is required if your foreign accounts exceeded $10,000 at any point during the year, but Form 8938 has higher thresholds (generally $50,000 for single filers living in the US, or $200,000 if you're living abroad). However, both forms cover foreign financial accounts and the penalties for not filing can be severe. FreeTaxUSA doesn't handle FBAR (that has to be filed separately through FinCEN), but it does include Form 8938 if you need it. Just something to keep in mind as you're working through your foreign income reporting!

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Gael Robinson

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Yes, with $15,000 in your Singapore account, you would need to file the FBAR since it exceeded the $10,000 threshold. However, you likely wouldn't need to file Form 8938 because $15,000 is well below the $200,000 threshold that applies when you're living abroad as a single filer. The key difference is that FBAR looks at the highest balance at any point during the year (your $15,000), while Form 8938 looks at year-end balances or highest balances during the year but with much higher thresholds. Since you were living abroad for most of 2022, the higher thresholds would indeed apply to you for Form 8938 purposes. Just remember that FBAR is filed separately through the FinCEN website (fincen.gov) and has a different deadline - it's due by April 15th but there's an automatic extension to October 15th. It's completely separate from your tax return filing.

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Yes, with $15,000 in your Singapore account, you would need to file the FBAR since you exceeded the $10,000 threshold. However, you likely wouldn't need to file Form 8938 because as someone living abroad for most of 2022, the higher threshold of $200,000 would apply to you, and your $15,000 account balance is well below that. Just remember that FBAR has to be filed separately through the FinCEN website (BSA E-Filing System) by April 15th (with an automatic extension to October 15th), while Form 8938 would be filed with your regular tax return through FreeTaxUSA if it were required. The FBAR filing is completely separate from your income tax return. Make sure to keep good records of your account statements showing the maximum balance during the year, as that's what the FBAR requires you to report.

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Diego Fisher

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From my experience as an advantage player, you should really keep track of your play by sessions, not individual bets. The IRS doesn't expect you to list every single wager, but rather to document your gambling by sessions. So for each day at a specific location (whether online or physical), you'd record your net win/loss for that session. This makes it WAY more manageable to report. Just make sure you have the detailed records backing up those session totals in case you get audited.

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Ryder Greene

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Does that session approach work for online betting too? Like if I'm betting on multiple sports books in the same day, is each website considered a separate session? And do I need to provide all these session details when I file or just have them available if asked?

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Diego Fisher

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Yes, it works for online betting too. Each gambling platform/website would typically be considered its own session for that day. So if you use DraftKings, FanDuel, and BetMGM all on the same day, that would be three separate sessions. You don't submit all these details with your tax return. On your actual return, you'll report the total gambling winnings and then deduct losses (if you itemize) up to the amount of your winnings. The session records are what you keep for your own documentation in case the IRS ever questions your return. Most tax pros recommend keeping these records for at least 3 years after filing, which is the standard IRS audit window.

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Just a heads up - I do similar advantage play and got audited last year. The biggest issue wasn't the gambling itself but that I wasn't filing quarterly estimated tax payments. Since there's no withholding on gambling winnings (unlike a regular job), the IRS expects you to make quarterly payments if you're going to owe a significant amount. If you're making $40K profit, you definitely need to be making estimated tax payments throughout the year. Otherwise, you'll get hit with underpayment penalties on top of the taxes you owe.

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How much is considered "significant" for quarterly payments? I'm doing some low-level advantage play (maybe $5-8k profit this year) and haven't been making quarterly payments.

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Generally, you need to make quarterly estimated payments if you expect to owe $1,000 or more in taxes when you file your return. With $5-8k in profit, you're probably looking at owing somewhere in the $1,200-2,400 range depending on your tax bracket and other income. The safe harbor rule is that if you pay at least 90% of this year's tax liability OR 100% of last year's tax liability (whichever is smaller) through estimated payments and withholding, you won't get hit with penalties. If your adjusted gross income was over $150k last year, you need to pay 110% of last year's liability. I'd recommend calculating your expected tax liability now and making a payment for Q4 if you haven't been doing quarterlies. Better to be safe than deal with underpayment penalties later.

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Quick question - if I'm in a similar situation with a 1099-INT but I also have rental income from a property I still own in the US, does that change how I need to file as an NRA? Anyone know if I need different forms?

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With rental property income in addition to interest, you'll still file Form 1040-NR, but you'll also need to include Schedule E for the rental income. Rental income is treated differently for non-resident aliens - it's considered "effectively connected income" (ECI) taxed at graduated rates rather than the flat 30% (or lower treaty rate) for interest. You can also deduct expenses against the rental income.

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Oliver Schulz

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Sophie, you're definitely required to file a US tax return in this situation. Even though you're a non-resident alien with only $1,350 in interest income, the fact that you received a 1099-INT (instead of the proper 1042-S) means the IRS expects you to report this income on Form 1040-NR. Since your bank didn't process your W-8BEN in time, they likely didn't withhold any tax from your interest payments. As an NRA, this interest is subject to 30% withholding (or potentially less if your home country has a tax treaty with the US). When you file your 1040-NR, you'll need to calculate and pay the appropriate tax on this income. Make sure to attach a copy of your W-8BEN form to your return and include a brief statement explaining that you're an NRA and that the bank erroneously issued a 1099-INT instead of a 1042-S. This documents your good faith effort to establish your non-resident status. Also check if your home country has a tax treaty with the US that might reduce the withholding rate below 30%. The filing requirement exists regardless of the income amount when you have US-source income subject to tax as a non-resident.

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