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One thing nobody's mentioned yet - depending on your visa type, you might qualify for closer connection exception! I was on J1 and even though I passed the substantial presence test, I was able to file Form 8840 claiming closer connection to my home country (Brazil) and avoid being treated as a US resident for tax purposes. Worth looking into depending on your specific situation.
Does this work for all visa types? I'm on H1B and definitely don't have stronger ties to my home country anymore since I've moved most of my life to the US.
The closer connection exception doesn't work for all visa types - it's primarily for those who are temporarily in the US and maintain stronger ties to their home country. For H1B holders who have established significant presence in the US (like having a permanent home here, moving family here, etc.), you likely wouldn't qualify since you've already moved most of your life to the US. The exception works best for students, teachers, or temporary workers who clearly intend to return to their home country and maintain stronger ties there than in the US. Each case is different though, so if you're uncertain, consulting with an international tax specialist is your best bet.
Quick tip from someone who's been through this: If you have any PFICs (Passive Foreign Investment Funds) in Australia like certain mutual funds or ETFs, be super careful. The US tax treatment is brutal and requires filing Form 8621 which is insanely complicated. I had to sell all my Australian index funds because the reporting requirements were such a nightmare.
Is this true for all foreign investments? I have some index funds in my UK account worth about £20,000 total. Should I just sell them before filing US taxes?
Unfortunately yes, most UK index funds would likely be classified as PFICs from a US tax perspective. The £20,000 amount definitely makes this worth addressing properly. Before you sell them though, I'd strongly recommend getting professional advice first - there might be ways to handle this that don't involve losing your investment positions entirely. Some people elect mark-to-market treatment under Section 1296 which can simplify the reporting, but you need to make that election in the first year you hold the PFIC as a US tax resident. Don't make any hasty decisions without understanding all your options!
Be careful about state residency too!! The Substantial Presence Test is for federal taxes, but states have their own rules for residency. Some states are super aggressive about claiming you as a resident if you spend a certain number of days there. For example, NY considers you a resident if you maintain a permanent place of abode and spend 183 days or more in the state. California is even worse - they'll try to claim you're a resident based on much less. State taxes can be a huge additional burden depending on where you live.
Can confirm this is a huge issue. I passed the Substantial Presence Test two years ago but didn't realize my state (California) had different rules. Ended up owing an additional $5,800 in state taxes that I wasn't expecting. Brutal surprise.
This is such a common situation that catches people off guard! I went through the exact same transition two years ago and it was overwhelming at first. One thing I'd add to the great advice already given - make sure you understand the timing of when you need to start making estimated quarterly tax payments. Once you're a tax resident, you're subject to the same pay-as-you-go requirements as US citizens. If your employer is still withholding at nonresident rates, you might end up owing a significant amount at year-end and potentially face underpayment penalties. I'd recommend calculating your expected tax liability early in the year and either asking your employer to increase withholding or starting to make quarterly estimated payments. The IRS doesn't care that this is your first year as a resident - they expect you to figure it out! Also, start gathering all your foreign account statements now. The FBAR filing deadline is different from your tax return deadline (October 15th with automatic extension vs. April 15th), and the penalties for not filing or filing incorrectly can be severe. Better to be over-prepared than scrambling at deadline time.
Your tax preparer might have checked the wrong box for marketplace coverage. Happened to me last year ngl
Have you tried checking your credit reports? Sometimes identity theft can cause erroneous 1095-A forms to be filed under your SSN. Also, for the dependent SSN issue - make sure you're using the exact format the IRS has on file. Even extra spaces or hyphens can cause rejections. You might want to call the Taxpayer Advocate Service at 877-777-4778 if the regular IRS lines aren't helpful.
the whole system is broken fr fr. took me 6 tries last year to get it right smh
make sure ur using the ORIGINAL 1095-A they sent. sometimes they send corrected ones and ppl dont notice
omg wait... i think this might be it. just found a second form in my email from february
@StarSurfer YES! That's probably it! The corrected 1095-A usually has different amounts that match what the IRS has on file. Use that one instead of the original. This catches so many people off guard!
Andre Dupont
I spent 6 hours trying to understand mine last week. Finally broke down and used taxr.ai - best decision ever. Explained everything in plain English and even told me when Id probably get paid.
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Mateo Gonzalez
ā¢For real? Might have to check that out, im tired of playing guessing games with these codes
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Katherine Hunter
I feel your pain! I was in the exact same situation a few weeks ago - staring at my transcript like it was written in hieroglyphics. The waiting game is the absolute worst, especially when you really need that refund. Have you tried checking the "as of" date on your transcript? That usually gives you a clue about when they last updated your account. Also, if you see any 971 notices, make sure to check your mail because they might have sent you something important. Hang in there - I know it's frustrating but your refund will come through!
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