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FICA tax exemption for J-1 visa holders and Substantial Presence Test - how much time can I spend in US?

I'm in a bit of a tricky situation with my taxes and hoping someone can help clarify things for me. I came to the US from Mexico in August 2021 on a J-1 visa to work as a research fellow at a university hospital. I got my SSN in September 2021 and completed my fellowship on June 29, 2023. During my fellowship, I noticed my bi-weekly paychecks dropped from around $3100 in 2021 to about $2600 starting January 2022. I figured this was from additional taxes being withheld (Medicare, state taxes, etc.). Here's where it gets complicated - I recently learned that as a J-1 visa holder, I might be eligible for a FICA tax refund of approximately $3300 if I leave the US before hitting the Substantial Presence Test threshold. I was told July 1, 2023 is my cutoff date - if I stay beyond that, my tax status changes from non-resident to resident alien, meaning I'd have to pay FICA taxes for the entire year. The problem is, I was planning to come back to the US as a tourist in September to attend a friend's wedding. Someone told me that even entering as a tourist after July 1 would change my tax status and make me ineligible for the FICA refund, even though I'll no longer be employed in the US. Can anyone explain if this is correct? It seems strange that just visiting as a tourist would affect my tax status. And practically speaking, how would the IRS even know if I returned as a tourist later in 2023? I'm not trying to game the system, but $3300 is a significant amount of money for me right now. Would appreciate any insights from people who understand this better than I do!

Something that hasn't been mentioned yet - even if you qualify as a non-resident alien and get your FICA taxes refunded, you still need to file a tax return! You'll need to file Form 1040-NR (Non-resident Alien Income Tax Return) for the income you earned while working in the US. Also, if you don't mind sharing, which state were you working in? Some states have different rules about residency and taxation that might affect your situation beyond just the federal considerations.

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Diego Vargas

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Not OP but I was in California on a J-1 and found out that CA has its own residency determination that's different from the federal rules. I ended up having to pay CA state taxes even though I was a non-resident for federal purposes. Might be worth looking into depending on your state.

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Thanks for the reminder about filing taxes! I've actually already filed my 1040-NR for 2022, but was confused about the FICA refund process since that's separate. I was working in Massachusetts. I did pay state taxes there, but I'm not sure if they have any special rules about residency determination that might differ from federal guidelines. I'll look into that.

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Miguel Silva

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Massachusetts follows federal guidelines for most residency determinations, so you should be fine there. The state generally recognizes the same exempt individual status for J-1 visa holders that the federal government does. One tip for your FICA refund - if your employer is being uncooperative about providing the required documentation, you can also request your wage and tax statement directly from the Social Security Administration using Form SSA-7050. This shows all wages reported and FICA taxes paid, which can serve as backup documentation for your Form 843 filing. Also, keep detailed records of your entry/exit dates from the US. The CBP I-94 website only keeps records for a limited time, so print or save screenshots of your travel history now while it's still available. You'll want this documentation both for your FICA refund and to prove your substantial presence test calculations if the IRS ever questions them. Good luck with your refund - $3,300 is definitely worth pursuing!

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Mila Walker

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This is really helpful advice about the SSA-7050 form as backup documentation! I had no idea that was an option if employers aren't cooperative. Quick question - do you know roughly how long the FICA refund process typically takes once you submit Form 843? I'm trying to plan my finances and wondering if this is something that gets processed in weeks or months. Also, is there any way to track the status of the refund once it's submitted, or do you just have to wait to hear back? The tip about saving the I-94 records is gold - I almost forgot about that and you're right that they don't keep them forever. Definitely going to print those out today.

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Emma Wilson

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Don't forget about the Net Investment Income Tax (NIIT) of 3.8% that kicks in for investment income when your modified adjusted gross income exceeds $200,000 for single filers. With $105k in capital gains plus your other income, you might be approaching that threshold.

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Malik Thomas

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The NIIT threshold is actually $200k for single filers, not $250k (that's for married filing jointly). But your point is valid - with $105k in capital gains plus other income, OP might get hit with this additional tax.

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Congrats on the successful trades! Here are a few additional things to consider that haven't been fully covered: 1) **Estimated Tax Safe Harbor Clarification**: Since your prior year tax was $3,100, you need to pay at least 100% of that (not 110%) to avoid penalties, as the 110% rule only applies if your prior year AGI exceeded $150,000. Your $3,000 in quarterly payments gets you very close. 2) **Form 8949 Preparation**: Start organizing your trade data now. You'll need specific details for each transaction (date acquired, date sold, proceeds, cost basis) for Form 8949. Most brokerages provide this in a downloadable format. 3) **Estimated Tax for 2025**: Don't forget that you'll likely need to make much larger quarterly payments next year if you plan to continue trading. The IRS expects you to pay based on your current year's expected income. 4) **Record Keeping**: Document everything related to these trades - confirmations, statements, any fees paid. The IRS can audit investment income, and good records are essential. Since you mentioned being overseas, also verify that your trades don't trigger any FBAR (Foreign Bank Account Report) requirements if you used foreign brokerage accounts.

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Noah Ali

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This is incredibly helpful, thank you! The point about organizing trade data early is something I hadn't thought about. I've been using Robinhood for most of my trades - do you know if their downloadable reports include all the Form 8949 details you mentioned? Also, you're absolutely right about planning for 2025 estimated payments. If I keep trading at this level, I'll need to completely revise my quarterly payment strategy. Do you have any suggestions for calculating what those payments should be, or is this where I really need to bite the bullet and hire a tax professional? One quick clarification - all my trading was done through US-based brokerages while I was traveling, so I don't think FBAR applies to my situation, but I'll double-check that.

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Jamal Brown

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One approach that's worked really well for me is using a hybrid strategy. I calculate a baseline quarterly payment using the safe harbor method (100% or 110% of last year's tax), but I make it slightly lower - maybe 80% of that amount. Then I supplement with increased W-4 withholding from my regular job later in the year once I have a clearer picture of my actual gains. This gives me the best of both worlds: I'm covered by the safe harbor rules so I won't get penalties, but I'm not massively overpaying early in the year when my trading results are still unknown. If I end up having a great year in the markets, I can always increase my payroll withholding in Q3 or Q4 to cover the difference. If the market tanks and I have losses, I'm not stuck having overpaid by huge amounts in my early quarterly payments. The key insight is that you don't have to choose just one method - you can combine estimated payments with increased withholding to create a more flexible approach that adapts to your actual trading results throughout the year.

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This hybrid approach is brilliant! I've been stressing about either massively overpaying with the safe harbor method or risking penalties with estimates that are too low. Using 80% of the safe harbor amount as a baseline plus W-4 adjustments later makes so much sense - you get penalty protection while maintaining flexibility. Do you typically wait until after Q2 to assess whether you need to increase your withholding, or do you check in more frequently throughout the year?

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GalaxyGlider

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This is such a common struggle with unpredictable investment income! I've been through this exact situation and here's what I learned: the key is understanding that the IRS safe harbor rules are designed specifically for situations like yours where income is hard to predict. The 100%/110% of prior year tax rule is actually your friend here, even if it feels like you're overpaying. Think of it as insurance against penalties - you're guaranteed to avoid underpayment penalties regardless of what happens in the markets. And if you do overpay, that money comes back to you as a refund (essentially an interest-free loan to the government, but better than paying penalties). For someone in your situation with $35k in unexpected gains, I'd recommend calculating your total 2024 tax liability and then paying 100% of that amount (or 110% if your AGI was over $150k) in equal quarterly installments for 2025. This gives you complete peace of mind while you're focusing on your trading decisions. Also consider the hybrid approach another member mentioned - you can combine quarterly payments with increased W-4 withholding from any regular job income to create more flexibility as the year progresses. The most important thing is getting started with some system rather than doing nothing and risking penalties again.

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Maya Diaz

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This is really helpful advice! I'm in a similar boat - had some crypto gains last year that caught me completely off guard. One thing I'm wondering about is timing. If I'm using the safe harbor method and paying 100% of last year's tax, do I need to make those quarterly payments exactly on the due dates, or is there some wiggle room? I missed the January 15th payment this year because I was still figuring all this out, so I'm not sure if I should just wait until April 15th for the next one or if there's a way to catch up.

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Amina Diop

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Has anyone tried doing the 1065 through Cash App Taxes (formerly Credit Karma Tax)? I use it for my personal taxes and love that it's totally free, but not sure if their business version handles LLCs well.

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Cash App Taxes doesn't support 1065 partnership returns at all unfortunately! I tried last year and had to switch to something else last minute. They only do personal returns (1040) and Schedule C for sole proprietors. No partnerships or S-corps.

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Isaac Wright

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I've been filing my LLC's 1065 returns for the past 3 years and can definitely relate to the sticker shock from TurboTax! Here are a few more options that have worked well for me: **TaxHawk** - Usually around $70-75 for 1065 filing. Their interview process is pretty thorough and catches most common mistakes. I like that they show you exactly which forms and schedules you're generating as you go. **Drake Tax** - This one's more designed for tax pros but they do offer a consumer version. It's about $60 for partnership returns and has really robust depreciation handling if you have business equipment or vehicles. One thing I learned the hard way: make sure whatever service you pick can handle your state filing too if needed. Some of the cheaper federal options charge almost as much for state as they do for federal, which kills the savings. Also, since you mentioned your accountant retired - consider reaching out to local CPAs for quotes on just reviewing your return after you prepare it yourself. Many will do a quick review for $100-150, which gives you peace of mind without paying for full preparation. Sometimes catching one mistake saves you way more than the review fee!

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This is really helpful advice, especially the tip about getting a CPA to review your self-prepared return! I never thought of that middle-ground approach. Quick question - when you say Drake Tax has a consumer version, is that something you can access directly or do you have to go through a tax preparer who uses Drake? Their website seems more geared toward professionals. Also totally agree on checking state filing costs upfront. I got burned by that last year where the "cheap" federal option ended up costing almost as much as TurboTax once I added the state return. Really wish more of these services were upfront about their total costs including state!

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How Do Realized Gains/Losses Work in Investment Clubs Set Up as LLCs or Partnerships?

I'm trying to get my head around how realized gains and losses work in an investment club that's structured as an LLC or partnership. I've got a scenario I'm hoping someone can help me understand. Say we have a club with 15 members who each put in $1.0M back in 2015, so we've got $15M total. The club invested $5M each in 3 different stocks. Now in 2021, here's where we stand: 1. ABC stock: Basically worthless (like $0.01) 2. DEF stock: Holding steady at $5.0M 3. GHI stock: Doubled to $10.0M The club sells ABC and DEF in 2021, realizing $5.0M in losses. Now the club has $5.0M cash and $10.0M in GHI stock. And here's where it gets tricky - one member (let's call him Bob) decides to cash out in 2021. From what I understand, everyone gets a K-1 for 2021 showing their share of the realized loss (about -$333,333 each). But shouldn't each investor's cost basis in the partnership drop from $1M to around $666,667? My questions: - What form does Bob submit to the IRS that shows both his loss AND the gain in his partnership shares when he cashed out? It seems unfair if he just claims the huge loss without accounting for the unrealized gains still in the club. - Do the remaining members need to report their current cost basis to the IRS, or does the K-1 handle this? - How do the remaining members figure out their tax situation if they decide to sell later? Thanks for any clarification on this! I want to make sure we're handling everything correctly.

Raul Neal

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One important document that hasn't been mentioned is Form 8308 (Report of a Sale or Exchange of Certain Partnership Interests). If your investment club is holding "hot assets" like inventory or unrealized receivables (which most investment clubs don't have), the partnership must file this form when a partner sells their interest. Also, has anyone dealt with an investment club where some investments are held in a tax-advantaged account like an IRA? We're starting a club and some members want to contribute through their self-directed IRAs, which adds another layer of complexity with UBTI concerns.

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Jenna Sloan

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Using IRAs in investment clubs is super complicated! We tried it and eventually had to restructure because of the UBTI issues and potential prohibited transactions. If any of your investments generate debt-financed income or you're doing active business activities, the IRA portions can get hit with UBTI tax. Plus the whole club needs to be extra careful about any transactions that might be considered self-dealing with the IRA owners. My advice: keep it simple and have members contribute cash directly rather than through IRAs. The administrative headache isn't worth it unless you have a specialized club focused solely on passive investments.

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Connor Byrne

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Great discussion everyone! I wanted to add a perspective on the record-keeping aspect that's crucial for investment clubs. Beyond just tracking basis adjustments, clubs should maintain detailed records of each transaction, including the date, amount, and which members were present for investment decisions. When Bob cashes out in the scenario described, having clear documentation of his participation in each investment decision can be important if the IRS questions the allocations later. Some investment clubs I've worked with create quarterly statements for each member showing their capital account balance, adjusted basis, and share of unrealized gains/losses. One tip: consider using partnership accounting software specifically designed for investment clubs rather than trying to track everything in Excel. The complexity grows quickly as you have members entering and leaving, especially if you're making the Section 754 election that was mentioned earlier. The software can automatically calculate the basis adjustments and generate the necessary tax documents. Also, make sure your operating agreement addresses what happens to a departing member's share of management fees, carried interest (if applicable), and whether they're entitled to their share of unrealized gains at fair market value or book value. These details can significantly impact the tax consequences for everyone involved.

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NebulaNinja

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This is really helpful advice about record-keeping! I'm wondering about the quarterly statements you mentioned - do you have a template or format you'd recommend for these member reports? Our club has been pretty informal with tracking individual member positions, but as we're growing (now up to 12 members), it's getting harder to keep everyone on the same page about their capital accounts and basis adjustments. Also, curious about your comment on management fees - we don't currently charge any fees since we're all managing the investments together, but should we be considering this for tax purposes? I've heard that having clear fee structures can help with the substantial economic effect requirements if we ever want to do special allocations.

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