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I went through this exact same situation two years ago! Filed as resident on F1 visa when I should have been nonresident. The good news is that the IRS generally doesn't penalize you for voluntary corrections, especially for residency status mistakes which are super common for international students. You definitely should amend using Form 1040X and file the correct 1040NR. The key is to do it proactively before they catch it. In my case, I actually ended up owing about $200 more because I had to give back some credits I wasn't eligible for as a nonresident, but it was way better than waiting and potentially facing penalties. One thing to check - make sure you look into any tax treaty benefits your country might have with the US. Some countries have special provisions for students that can actually reduce your tax liability. Also, if you had any scholarship income, the treatment might be different as a nonresident (sometimes better!). The whole process took about 8-10 weeks to get resolved, but the IRS sent me a letter confirming the adjustment and I paid the small difference. Much less stressful than I expected!
Thank you so much for sharing your experience! This is really reassuring to hear from someone who went through the exact same thing. I'm feeling a lot less panicked now knowing that the IRS doesn't usually penalize voluntary corrections for residency mistakes. Can I ask what country you're from? I'm wondering if there might be treaty benefits I could look into. Also, did you handle the amendment yourself or did you end up getting help from a tax professional? The forms look pretty intimidating and I want to make sure I don't make another mistake! The 8-10 week timeline is helpful to know too - I was worried this might drag on for months and months.
I'm dealing with this exact situation right now! Filed as a resident when I should have been nonresident (F1 visa, been in the US for 16 months). I was terrified about penalties but after reading everyone's experiences here, I feel much better about voluntarily correcting it. Quick question for those who have been through this - when you file the 1040X, do you need to include copies of your original return or just the amended pages? And should I send it certified mail or is regular mail okay? Also seeing all the mentions of tax treaties - I'm from South Korea, does anyone know if there are specific benefits for Korean students? My university's international office wasn't very helpful when I asked about this. Thanks to everyone sharing their experiences, it's so helpful to know I'm not the only one who made this mistake!
Slightly different perspective - I'd recommend talking to a tax attorney who specializes in partnership taxation, not just your CPA. While IRC 1341 seems like the right approach, there are nuances with carried interest that might affect your specific situation. For example, depending on how your partnership agreement was structured, there might be arguments for treating this as a capital loss rather than a Claim of Right issue, which could have different tax implications. A specialized attorney could also help if the IRS challenges your position.
Agreed! I'm a CPA who works with investment professionals, and carried interest taxation is its own beast. The Tax Cuts and Jobs Act made some changes to carried interest that might impact the analysis. Worth getting specialized advice.
Exactly. The interplay between carried interest rules, partnership taxation, and IRC 1341 creates complexities that require specialized knowledge. For example, the Tax Cuts and Jobs Act imposed a three-year holding period requirement for carried interest to qualify for long-term capital gains treatment. This could potentially impact how the original income was characterized and consequently how the repayment should be treated. Additionally, the "substantial risk of forfeiture" rules under Section 83 might also come into play depending on the specific terms of the carried interest arrangement. A tax attorney who specializes in this area can analyze these intersecting issues and potentially identify planning opportunities that a general CPA might miss. The investment in specialized advice is usually well worth it when the amounts involved are this substantial.
This is a complex situation that touches on several areas of tax law. Based on your description, IRC 1341 does seem like the appropriate approach, but I'd strongly recommend getting specialized advice given the amounts involved. One thing to keep in mind is timing - make sure you're clear on when exactly the repayment obligation crystallized. For IRC 1341 purposes, it matters whether the repayment obligation arose in 2024 when you left, or if it was always contingent on not meeting the vesting requirements. Also, since you mentioned your accountant is researching this, make sure they're familiar with Revenue Ruling 2019-11, which provides guidance on applying IRC 1341 to partnership distributions. The IRS has been more active in this area recently, so having current guidance is important. The documentation everyone else mentioned is crucial - you'll want everything in writing showing the original allocation, the tax distributions made to cover your liability, and the subsequent repayment requirement. This creates a clear paper trail that supports your position. Given the complexity and dollar amounts, consider getting a second opinion from a tax professional who specializes in partnership taxation and carried interest. The intersection of these rules can create opportunities or pitfalls that aren't immediately obvious.
Thanks for mentioning Revenue Ruling 2019-11 - I hadn't seen that specific guidance yet. Just to clarify on the timing aspect you mentioned, would it make a difference if my partnership agreement explicitly stated that tax distributions were subject to repayment if vesting requirements weren't met? Or does IRC 1341 still apply as long as I had the apparent right to the income when originally reported, regardless of the conditional nature of the tax distributions? I'm trying to understand whether the contingent repayment obligation affects the "claim of right" analysis or if it's more about how the income was treated at the time it was earned and reported.
Has anyone used TurboTax Self-Employed for their prop trading taxes? I'm trying to decide if I should use that or hire an accountant.
I tried TurboTax last year for my prop trading and regretted it. Ended up hiring an accountant to amend my return. There were too many nuances with trading expenses and the home office deduction that TurboTax didn't explain well. If your situation is complex, I'd recommend getting a professional.
I went through this exact situation last year when I started prop trading! A few key things I learned the hard way: 1. You'll definitely want to find a CPA who understands trading - it's worth the extra cost. Regular tax preparers often don't grasp the nuances of trader expenses and quarterly payments. 2. Start tracking EVERYTHING now - trading software subscriptions, home office space, computer equipment, even books and courses related to trading. The deductions can really add up. 3. For quarterly payments, I use the safe harbor rule (paying 100% of last year's tax liability divided by 4). It's simpler than trying to estimate variable trading income. 4. One thing that caught me off guard - you might need to pay both sides of Social Security/Medicare tax (15.3% total) on your net prop trading profits since you're self-employed. 5. Consider opening a separate business checking account for all your trading-related expenses. Makes record keeping much cleaner come tax time. The learning curve is steep but manageable once you get the systems in place. Don't stress too much - just start documenting everything and find that specialized accountant!
This is super helpful! I'm just starting out with prop trading and had no idea about the self-employment tax implications. Quick question - when you say "both sides of Social Security/Medicare tax," does that mean I'm paying more than I would as a regular employee? And do you have any recommendations for tracking software that works well for trading expenses?
Make sure you're checking the right place in Robinhood for your documents! This confused me last year. You need to go to Account > Statements & History > Tax Documents, not the Documents section. Some people miss this. Also, they release them in batches. Most basic forms come out in early February, but if you had any special situations (wash sales, corporate actions, etc.) your forms might be in the later batch that comes out in March.
This is good advice. Also worth noting that Robinhood sometimes has issues with their notification system. Last year they sent me an email saying my docs were ready, but they didn't actually appear in my account for another 3 days. Weird system.
I had a similar issue with Robinhood last year! One thing that helped me was checking if there were any corporate actions on stocks I owned - like stock splits, mergers, or spin-offs. These can delay the 1099-B processing significantly because they have to adjust the cost basis calculations. In the meantime, you can absolutely file without the official form. Go to your Robinhood account and download your year-end tax summary or export your transaction history as a CSV file. You'll need to calculate your gains/losses manually using Form 8949 and Schedule D. Just make sure to keep detailed records of your cost basis for each transaction. For the dividends, those should definitely show up on a 1099-DIV since you earned over $10. Sometimes Robinhood issues a "consolidated 1099" that combines different types of investment income - double-check that your crypto 1099-B doesn't have additional sections. The IRS gives you until April 15th to file, but brokerages have until March 15th for corrected forms, so there's still time for it to arrive. Just don't let it delay your filing if you can reconstruct the information from your account statements.
This is really helpful advice! I'm dealing with a similar situation and the corporate actions point is something I hadn't considered. Quick question - when you say "consolidated 1099," does that mean all the different investment income types would show up as separate sections on one document, or would they be combined into summary numbers? I want to make sure I'm not missing anything when I review my forms.
Jamal Harris
One thing I haven't seen mentioned yet is quarterly estimated tax payments. Since you're generating $13,500 in business income and will owe both income tax and self-employment tax on this, you might need to make quarterly payments to avoid underpayment penalties. The IRS generally expects you to pay taxes as you earn income, not just when you file your annual return. If you expect to owe $1,000 or more in taxes when you file, you should be making quarterly payments. For 2024, the deadlines are April 15, June 17, September 16, and January 15, 2025. You can calculate your estimated payments using Form 1040ES. Don't forget that self-employment tax is 15.3% on top of your regular income tax rate, so the total tax burden can be higher than people expect when they're used to just W-2 income. Setting aside about 25-30% of your cash sales in a separate savings account for taxes is a good rule of thumb. This way you won't be scrambling to come up with the money when quarterly payments are due or at tax time.
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Carmella Fromis
β’This is really important advice that I wish I had known when I first started my side business! I learned about quarterly payments the hard way when I got hit with a penalty for underpayment even though I paid everything when I filed my return. One thing to add - if this is your first year with significant self-employment income, you might be able to use the "safe harbor" rule where you just pay 100% of last year's tax liability (110% if your prior year AGI was over $150,000) to avoid penalties, even if you end up owing more when you file. Also, don't forget that you can pay estimated taxes online through EFTPS or even by phone if you need to make a last-minute payment before a deadline. I keep reminders in my calendar for each quarterly due date so I don't forget!
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Giovanni Rossi
Another thing to consider is keeping a detailed log of your vintage clothing sales beyond just the money order deposits. Since you're selling at local markets, I'd recommend tracking which items you sold, what you paid for them originally (if you can remember/document), and any related expenses like booth fees, gas to get to markets, etc. The IRS likes to see that you're treating this as a legitimate business if you're claiming it as such. Having organized records showing your cost of goods sold, business mileage, and other expenses will help establish that this isn't just a hobby. Plus, these deductions can significantly reduce your taxable income. I'd also suggest taking photos of your inventory and keeping receipts for any clothing purchases you make specifically for resale. If you're sourcing from thrift stores, estate sales, or other places, those purchase receipts become your cost basis for calculating actual profit on each item sold. The money order deposits are just one piece of the puzzle - the real work is in documenting the entire business operation properly. Good luck with your vintage clothing business!
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Ava Garcia
β’This is excellent advice about documenting the entire business operation! I'm just getting started with my own small business selling handmade items and hadn't thought about taking photos of inventory or keeping such detailed records of sourcing costs. One question - when you mention tracking what you originally paid for items, how do you handle situations where you bought things in bulk lots or at estate sales where you might have paid one price for a whole box of mixed items? Do you just estimate the cost basis for individual pieces, or is there a more systematic way to allocate those costs? Also, for someone just starting out like me, would you recommend setting up a separate business bank account right away, or is it okay to use personal accounts initially as long as you keep good records? I'm trying to balance doing things properly with not overcomplicating things while the income is still relatively small.
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