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Just wanna ask - what tax software are you using? I tried claiming standard deduction as a nonresident on TurboTax but it wouldn't let me because the software wasn't programmed to handle treaty exceptions properly! Had to switch to Sprintax which is designed for international students.
Sprintax is way better for nonresident returns but its SO expensive compared to regular tax software. I used OLT (OnLine Taxes) last year and it let me input treaty benefits manually including the standard deduction for students on F visas. Way cheaper than Sprintax and worked fine for me.
I'm using TaxAct right now and having the same problem! It keeps giving me errors when I try to claim the standard deduction as a nonresident. I'll check out Sprintax or OLT as you guys suggested. Interestingly, TaxAct lets me claim treaty benefits for my scholarship income without issues, but not for the standard deduction. The whole system seems inconsistent with how it handles treaty provisions.
I've been dealing with similar tax software issues as an international student from Canada. After trying multiple programs, I found that FreeTaxUSA actually handles treaty benefits pretty well for nonresidents. It lets you manually override certain fields and has a section specifically for treaty-based positions where you can claim the standard deduction. The key is to file Form 8833 (Treaty-Based Return Position Disclosure) along with your 1040NR when claiming treaty benefits like the standard deduction. Most tax software won't automatically generate this form, so you might need to prepare it separately and attach it to your return. Regarding your original EITC question - I agree with the other commenters that it's unfortunately not available to nonresidents even with treaty benefits. I learned this the hard way when I tried claiming it two years ago and got the same CP11 notice that Freya mentioned. The IRS was actually pretty clear in their explanation that refundable credits have separate statutory requirements beyond what treaties can override. One thing I'd recommend is keeping detailed records of your treaty position claims in case the IRS has questions later. I keep copies of the relevant treaty articles and IRS publications that support my deductions.
Could this actually be a good thing in disguise? When I faced a similar situation, I initially panicked, but it turned out to be beneficial. The review process forced my employer to correct their reporting, which revealed they had actually underreported my wages. My refund ended up being larger than I had initially calculated. Isn't it better to have this caught now rather than years later when an audit might be more complicated?
I'm dealing with something similar right now and this thread has been incredibly helpful! My situation is a bit different though - I received my W-2 from my employer on time, but when I checked my wage and income transcript online, it shows no wage information reported for 2024. I filed my return in early February and got the dreaded CP05 notice about the 120-day review. What's frustrating is that my employer insists they submitted everything correctly, but clearly something went wrong in the transmission to the SSA. Has anyone had success getting their employer to resubmit the wage information, or do you just have to wait it out? I'm wondering if there's a specific form or process employers need to follow for corrections, since my payroll department seems confused about what steps to take next. Also, for those who went through this - did you get any updates during the 120 days, or does the IRS just stay silent until they're ready to process?
I'm in almost the exact same boat as you! Filed in early February, got the CP05 notice, and my wage transcript is completely blank even though I have my W-2. What's really frustrating is trying to explain to HR what they need to do - they keep saying "we filed everything" but clearly something didn't go through properly. I've been checking my transcript weekly hoping to see some movement but nothing yet. Did your employer give you any kind of confirmation number or receipt when they originally filed? I'm starting to think there might be a systematic issue with how some payroll companies are submitting data to SSA this year.
@Camila Jordan - I went through this exact scenario last year! The silence during the 120 days is the worst part - you basically get no updates until they re'ready to process. In my case, I had to be pretty persistent with my employer s'payroll department. What worked for me was asking them specifically for their SSA confirmation number from when they submitted the W-2 data. Turns out they had submitted it, but there was a data formatting error that caused SSA to reject it, and they never got notified about the rejection. Once we figured that out, they resubmitted correctly and I got an update on my transcript within about 2 weeks. Have you tried asking your employer to check with their payroll service provider about any error notifications they might have missed?
Have you tried using the desktop version of Keeper? I found that a lot of the more advanced features aren't available on the mobile app. For bulk editing percentages, you can also try: 1. Exporting your transactions to Excel 2. Making the changes there 3. Importing them back in It's not the most elegant solution but it worked for me when I needed to change all my office supply deductions from 100% to 78%.
Thanks for the suggestion! I didn't realize the desktop version had more features. Will definitely give the export/import method a try. Is there any risk of messing up my data when reimporting?
As long as you don't change the format of the spreadsheet or delete any of the ID columns, it should import cleanly. I'd recommend making a backup first just to be safe. The reimport will update existing transactions rather than creating duplicates, so your history should stay intact. Just make sure you only modify the percentage column and not the transaction amounts or dates, as that could potentially cause issues with reconciliation.
I switched from Keeper to QuickBooks Self-Employed for exactly this reason. QBSE lets you set default percentages for each category AND bulk edit existing transactions. The migration was pretty painless and worth it for the time savings alone.
Is QuickBooks more expensive than Keeper? I'm trying to keep my expenses down as my business is just getting started.
UPDATE: After 440 days (yes, over a year!), I finally received my amended refund last week. No explanation for the delay, just a check in the mail with interest added. The interest didn't come close to making up for the stress and hassle, but at least it finally arrived. If you're still waiting, don't give up. Keep calling, use the Taxpayer Advocate Service, contact your congressional rep, and utilize any of the services others have mentioned here. Sometimes persistence is the only way through the IRS bureaucracy.
440 days?! That's insane. I'm only at 204 days and already losing my mind. Did you do anything specific that finally got them to process it? Or did it just randomly get processed?
It seemed pretty random honestly. I had called about 20 times over that period, filed a case with the Taxpayer Advocate Service, and even had my congressman's office submit an inquiry. I never got a clear answer about which of these actions finally moved things along. The last call I made before receiving the check, the agent told me it was "in the final stages of processing," but I'd heard similar things before. Then about 3 weeks later, the check just showed up. The interest they added was calculated through the payment date, so at least they acknowledged how ridiculous the timeframe was.
Emma, I feel your pain! I went through something very similar last year with an amended return for the solar credit. What finally worked for me was getting my tax account transcript and finding the specific "freeze code" that was holding up my refund. In my case, it was code 810 which meant they needed additional documentation that I never received a notice about. Once I knew the exact issue, I was able to call the amendments department directly (not the general number) and get it resolved quickly. You can get your transcript online through the IRS website, but honestly the codes are like reading hieroglyphics. If you're comfortable spending a little money, those transcript analysis services that others mentioned really do help decode what's actually happening with your case. Sometimes knowing the specific problem is half the battle. Also, document every call you make - date, time, who you spoke with, and what they told you. If you end up escalating to the Taxpayer Advocate Service, having that detailed record really helps your case. Hang in there - 7 months is frustrating but you will eventually get your refund!
Peyton Clarke
I just want to point out that even though you had minimal profit/loss, you still legally needed to report every transaction. The IRS considers each crypto sale a taxable event regardless of whether you made or lost money. My brother thought the same way - "why report if I basically broke even?" - and ended up with a much worse situation when they came after him 3 years later with compounded penalties. Don't mess around with the IRS - they have unlimited time and resources to come after you.
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Vince Eh
ā¢Does anyone know if using a tax professional to help with this gives you any additional protection? Like if they make a mistake in fixing the issue, are you still liable?
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Arnav Bengali
I went through almost exactly this situation in 2020! The panic you're feeling is totally understandable, but this is actually a pretty common issue that the IRS deals with regularly. First thing - don't ignore that letter. The 30-day response window is real, but the IRS is generally reasonable when you're being proactive about fixing genuine mistakes. Since you mentioned you basically broke even or had a small loss, you'll want to gather all your transaction records from the trading platform. Most apps let you download a complete transaction history even from years back. You'll need this to calculate your actual cost basis for each trade. The key forms you'll need are Form 8949 (to report each crypto transaction) and Form 1040-X (amended return) for 2019. When you show the IRS your actual cost basis, it should demonstrate that you didn't have the massive gains they're assuming. Pro tip: Include a brief letter explaining this was an honest oversight on your first time dealing with crypto taxes. The IRS often shows leniency on penalties for first-time mistakes, especially when there's minimal or no actual tax owed. You've got this - it's way more fixable than it feels right now!
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