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Ask the community...

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Paolo Rizzo

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Be careful about timing here. I tried this route last year and was denied because I waited too long. I filed in February, discovered the offset in March, but didn't contact my loan servicer until May thinking I could take my time gathering documentation. Turns out most servicers have a 90-day window from the offset date, and I missed it by about 2 weeks. Now I'm on an IBR plan but that money is gone for good. The worst part? If I had set up the IBR a month earlier, the offset might never have happened in the first place.

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Ben Cooper

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This is such valuable information! I wish I had known about these options when my refund got hit with an offset two years ago. For anyone reading this thread, I want to emphasize what several people mentioned about timing - don't wait like I did. I assumed the money was just gone and didn't even try to fight it. Now I'm kicking myself seeing that there were actually options available. The 60-90 day window seems to be pretty standard across servicers, so if this happens to you, act immediately. Also, document EVERYTHING - take screenshots of your bank balance, save any overdue notices, and keep records of all your calls. Having worked in customer service myself, I know that detailed documentation makes a huge difference in how seriously your case gets treated.

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Yuki Tanaka

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This is exactly the kind of thread I wish existed when I was dealing with my offset situation! Ben, you're absolutely right about documentation - I learned this the hard way too. One thing I'd add for anyone going through this process: when you call your loan servicer, ask them to email you a summary of what was discussed and any next steps. Phone reps sometimes give conflicting information, and having it in writing helps if you need to escalate or reference the conversation later. Also, if your first rep says "nothing can be done," politely ask to speak with someone in the hardship or default resolution department specifically. General customer service reps often aren't trained on these specialized refund processes.

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Has anyone used TurboTax to handle a situation like this? I have similar rental losses and wondering if the software can handle all these passive activity rules correctly.

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Paolo Conti

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I used TurboTax last year for my rental property. It asks questions about your participation level and automatically applies the passive activity rules. It worked well for my situation, but mine was pretty straightforward. With your large stepped-up basis and significant depreciation, you might want to use their Live version where you can talk to a tax expert during the process.

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Cass Green

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I'm dealing with a very similar situation after inheriting my aunt's duplex last year. One thing I learned that might help - make sure you're calculating your depreciation correctly with the stepped-up basis. Since you inherited the property, you get to depreciate based on the fair market value at the time of inheritance ($1.6M in your case), not what your grandfather originally paid for it. This is actually beneficial because it likely gives you much higher annual depreciation deductions. Also, keep detailed records of any time you spend managing the property - even if it's just reviewing tenant applications, coordinating repairs, or doing research about rental rates. If you can document more than 100 hours of participation annually, you might qualify for that $25,000 active participation allowance that Dylan mentioned earlier. Every hour counts toward potentially being able to use those losses against your other income! The depreciation recapture when you eventually sell is something to consider long-term, but for now, maximizing your current deductions while following the rules is probably your best strategy.

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Ayla Kumar

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Has anyone actually received their refund after filing 1040-NR with treaty benefits? I filed mine 4 months ago claiming a treaty exemption and still haven't gotten anything. I'm worried I did something wrong.

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Ayla Kumar

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I paper filed because I wasn't sure if e-filing would work for my situation with the treaty claim. Ugh, sounds like that might be why it's taking so long. Do you know if there's any way to check the status with my foreign ID instead of an SSN?

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CyberSiren

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You can check your refund status using the IRS "Where's My Refund" tool online, but you'll need either an SSN or Individual Taxpayer Identification Number (ITIN). If you don't have either, you might need to call the IRS directly to check on your paper-filed return status. Paper filing for 1040-NR with treaty claims can definitely take longer - sometimes 12-16 weeks or more during busy periods. The IRS has to manually review treaty claims, which adds processing time. If it's been 4 months, it might be worth calling to make sure there weren't any issues with your return that are causing delays.

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I went through this exact same situation last year with treaty benefits from Canada. The key thing that helped me was making sure I understood the difference between reporting the income and claiming the exemption. You'll report your gross income from the 1042-S in the appropriate income section of the 1040-NR (like line 8 for royalties), then on line 24 you'll enter that same amount as exempt under the treaty. Write your country name and the specific treaty article number next to line 24. For line 34, that's your refund amount - it should equal the 30% that was withheld shown on your 1042-S. Make sure you've entered the withholding amount correctly on line 25e first. One thing that tripped me up initially was thinking I only needed to put the income on line 24, but you actually need to report it in both places. The IRS needs to see the full picture of your income and then the treaty exemption that applies to it. Also double-check your country's specific treaty to make sure you're citing the right article. Most royalty income falls under Article 12, but some treaties have different numbering or special provisions.

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This is incredibly helpful! I think this double-reporting requirement is where I've been getting confused. So just to make sure I understand - if my 1042-S shows $10,000 in royalty income with $3,000 withheld (30%), I would put $10,000 on line 8 for royalty income, then also put $10,000 on line 24 as treaty-exempt income with my country and article number, and then claim the full $3,000 as my refund on line 34? I've been second-guessing myself because it seemed like I was reporting the same income twice.

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Has anyone actually calculated how much tax difference this makes? I'm in a similar situation but wondering if it's worth the effort to figure all this out vs just using what's on the 1099-B.

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HUGE difference! If you don't report the correct cost basis on RSUs, you're essentially paying double tax. Example: Let's say you got $10,000 worth of RSUs that vested. You already paid income tax on that $10,000 (it's on your W-2). If you then report a $0 cost basis when you sell, you're paying capital gains tax on the ENTIRE $10,000 again! In my case, I had about $65,000 in RSUs last year. Using the correct cost basis vs. what was on my 1099-B saved me over $13,000 in taxes. Definitely worth figuring out!

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Ethan Moore

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This is such a common issue that catches so many people off guard! I went through the exact same thing last year with my RSU sales. The key thing to remember is that you've already paid taxes on the RSU income when it vested, so you definitely don't want to pay again. One thing that really helped me was creating a simple spreadsheet to track everything. I listed each RSU vest date, the number of shares, and the fair market value per share on that date (which becomes your cost basis). Most equity platforms like Schwab or Fidelity will show this information in your transaction history or under "Tax Lots." Also, don't forget that if you sold immediately after vesting, you might actually have a small capital LOSS due to market fluctuations between vesting and selling. This can actually reduce your overall tax burden slightly. The paperwork is tedious but totally worth it - I saved about $8,500 in taxes by properly reporting my cost basis instead of accepting the $0 basis on my 1099-B. Form 8949 is your friend here, and make sure to use the correct codes for non-covered securities.

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Has anyone used TurboTax to handle something like this? I'm in a similar situation but worried it won't handle the home sale loss correctly.

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Ally Tailer

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I used TurboTax last year for my home sale. It asks all the right questions, but honestly it doesn't give great guidance on what expenses can be added to your basis. I ended up having to research a lot on my own. For something complicated like this, you might want more specialized help.

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I'm dealing with a very similar situation right now - bought my house 10 months ago and need to sell due to my company relocating me. The advice here about primary residence losses not being deductible is spot on, but I wanted to add something that might help with your basis calculation. Make sure you're including ALL the costs that can be added to your basis, not just the obvious closing costs. Things like title insurance, recording fees, transfer taxes, and even some of the loan origination fees can be added to your purchase basis. On the selling side, realtor commissions, title fees, and other selling expenses reduce your realized gain (or increase your loss). Since you mentioned you're at around a $25k total loss after all expenses, you're definitely in personal loss territory that won't be deductible. But at least documenting everything properly will ensure you're not accidentally creating a taxable gain when you shouldn't have one. The job transfer angle mentioned by others is definitely worth exploring for the partial exclusion, even though you probably won't need it given your situation.

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This is really helpful, thank you! I hadn't thought about some of those additional costs that can be added to basis. Do you happen to know if the home inspection fees I paid when buying the house would count as well? Also, when you say "loan origination fees," does that include all the lender fees or just specific ones? I'm trying to make sure I capture everything properly since it sounds like every dollar counts in reducing any potential gain.

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