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I went through this exact situation last year! My university also misclassified me as a nonresident when I had clearly passed the substantial presence test. What I did in FreeTaxUSA: 1. Made sure to select "resident alien" filing status at the beginning 2. Entered my W-2 information normally 3. Added my scholarship income as "Other Income" in Schedule 1 4. For the withholding, I added it in the "Federal income tax withheld" section I got a pretty decent refund and had no issues with the IRS. The most important thing is making sure you're filing as a resident alien and not using the 1040-NR form.
Thank you for the detailed steps! Did you have to do anything special for the state tax portion or was it pretty straightforward once you figured out the federal part?
The state part was actually pretty simple once I figured out the federal portion. I just entered the state withholding amount from my 1042-S in the state withholding section along with my W-2 state withholding. For the income, I reported it the same way on my state return as I did on my federal. FreeTaxUSA walks you through the state portion after you complete the federal section, and the state return automatically imports most of the information from your federal return. Just make sure to double-check that all the withholding amounts are correct before submitting.
One important thing to check is if you have a tax treaty with your home country! I'm from India and we have a tax treaty with the US that makes some scholarship money exempt from taxes. Even as a resident alien, you might still qualify for certain treaty benefits. FreeTaxUSA doesn't handle tax treaties well, which might be why you're struggling to find where to enter the 1042-S. If you do have treaty benefits, you might need to use a different software like TaxAct or go to a professional.
This is incorrect advice. As a resident alien, you generally CANNOT claim tax treaty benefits. Those are mostly for nonresident aliens only. Once you become a resident for tax purposes, you lose most treaty benefits except for very specific exceptions.
You're right, I should have been more clear. Most tax treaty benefits are for nonresident aliens, but there are some specific provisions that continue to apply even after you become a resident alien. It depends entirely on the specific treaty and the specific type of income. For example, the US-China treaty has provisions for students that can continue for a limited time even after becoming a resident alien. But you're correct that in most cases, becoming a resident alien means losing treaty benefits.
One thing nobody's mentioned - make sure your mom isn't also claiming this same mortgage interest on her taxes! Since the 1098 goes to her, the IRS might flag it if the same deduction appears on two returns. You might want to coordinate with her to make sure you're both on the same page.
That's a really good point I hadn't thought about! My mom and I have different tax preparers, and I don't think she itemizes deductions anyway since she takes the standard deduction. But I'll definitely check with her to make sure there's no double-claiming happening. Would it be sufficient if she just signs something stating she's not claiming the interest, or do we need something more official?
Having her sign a statement that she's not claiming the deduction would be good documentation to keep with your records. It doesn't need to be notarized or anything super formal - just something that shows you both understand the situation. The most important thing is making sure she doesn't claim it on her return. If the IRS sees the same mortgage interest claimed on two different returns, it will almost certainly trigger a review. Since the 1098 has her SSN on it, the IRS computers automatically expect that deduction to appear on her return, not yours. That's why the explanatory statement with your return is so important - it tells the IRS why you're claiming a deduction that's linked to someone else's SSN.
Has anyone considered the gift tax implications here? If the mom is on the loan but the child is paying it, couldn't the IRS consider that a gift from the child to the mother? Especially since the mother is getting the credit benefit of those payments on her credit report?
That's actually a good question but doesn't apply in this case. Since both the mother and child are on the deed (both have ownership interest), the payments aren't considered gifts - they're considered payments toward the child's own property interest. If the child wasn't on the deed but was making payments, then yes, those could potentially be considered gifts to the mother. But with joint ownership, each payment is partially for the child's own benefit. The mortgage interest deduction follows who made the payment AND has legal ownership, not necessarily who is on the loan.
Just to add another perspective - I'm a tax preparer (not a CPA, but I work at a tax office) and we see this issue ALL THE TIME. Filing with a name that doesn't match SSA records will 100% get your return rejected. The IRS systems automatically check the name/SSN combo against SSA records before they'll even accept your return for processing. My advice: file with your maiden name now to meet the deadline. After your name change is complete, you don't need to do anything else for this year's return. The IRS doesn't care if your legal name changes mid-year - they only care that the name on your tax return matches what the SSA has on file the moment you file.
Does it matter that her state return was already accepted with the married name? Won't that cause problems when the federal return has a different last name?
States operate their own tax systems separate from the federal IRS system, which is why one might accept a return while the other rejects it. Some states don't verify against the SSA database as rigorously or might batch their verification processes. Having different names on your federal and state returns isn't ideal but it's not catastrophic. When you file with your maiden name federally, include a brief statement explaining the situation with your state return. The key issue is ensuring your tax ID numbers (SSN) match on both returns. Most tax agencies understand that name changes happen and have procedures to handle these timing mismatches.
This happened to me!! I got married in November and tried to file in February with my new last name. The return got rejected for the exact same reason. I had to refile using my maiden name since that's what was still in the SSA system. It was annoying but my refund still came through fine after I fixed it. The most important thing is to use whatever name is currently on your social security card. Don't wait to refile - just go back into TurboTax, change back to your maiden name, and resubmit. Better to get it done now than stress about missing the deadline!
Thank you so much for sharing your experience! I was worried I was the only one dealing with this. I'll go ahead and refile with my maiden name tonight. Did you have any issues with your state return? Mine was already accepted with my married name.
My state return actually got rejected too, but I'm in Texas so we don't have state income tax - it was just for my property tax stuff. I had to fix that one separately. If your state return already went through with your married name, you might want to call your state tax agency and ask them what to do. Some states are more laid back about the name matching than the IRS is. The important thing is that your social security number is consistent on both returns!
Hey, tax preparer here. There's a specific ordering to tax credits that sometimes tax software doesn't get quite right, especially with less common credits like the adoption credit. The general sequence is: - Nonrefundable credits that can only offset regular tax (not AMT) - Nonrefundable credits that can offset both regular tax and AMT - Refundable credits Within this, Child Tax Credit's nonrefundable portion comes before the adoption credit, then the Additional Child Tax Credit (the refundable portion) comes later in the sequence. If your income is in that range where the phase-outs start affecting things, it gets even more complex. What likely happened is that your regular tax liability was completely offset by the nonrefundable portion of the child tax credit, leaving nothing for the adoption credit to offset. The adoption credit can be carried forward though, so don't worry - you haven't lost it!
Would it be worth filing an amended return? Or is the IRS calculation definitely correct here? We're talking about thousands of dollars difference!
If the IRS followed the correct ordering of credits according to tax law, filing an amended return wouldn't change the outcome. The order of application is established in the tax code, and the IRS systems are programmed to follow that sequence. What I would recommend instead is planning for next year to maximize your use of the adoption credit. Since you can carry it forward for up to 5 years, you might be able to adjust your withholding or make other tax planning moves to ensure you have enough tax liability next year to absorb more of the adoption credit. The credit isn't lost - it's just delayed in providing you benefit.
Have you received a formal notice from the IRS explaining the adjustment? Sometimes they'll send a CP12 or similar notice that breaks down why they changed your refund amount. If you haven't received it yet, it might be coming and could clarify things. In my experience, the adoption credit is particularly tricky because it can only offset income tax liability (not self-employment tax or other taxes), and it comes after certain other nonrefundable credits in the sequence. TurboTax might have applied it before the child tax credit, when it should be after.
We got a notice but it was super vague - just said our refund was reduced with a different amount but didn't explain the calculation. Called IRS and they basically just confirmed what I already knew - they applied CTC then ACTC then said no tax liability left for adoption credit. But they wouldn't explain WHY they did it in that order when it seems wrong. Can adoption credits be used against self-employment tax? We both have some 1099 income along with our W2 jobs.
The adoption credit cannot be used against self-employment tax - that's a key limitation that sometimes causes confusion. It can only offset your income tax liability, not the SE tax portion. If you have self-employment income and paid SE tax, that might explain part of the discrepancy. The adoption credit can't touch that portion of your tax bill. What might have happened is that after applying the CTC against your income tax liability (not SE tax), there wasn't enough regular income tax liability left for the adoption credit to offset. The good news is that the unused adoption credit doesn't expire this year - you can carry it forward for up to 5 years on future returns.
LilMama23
Just a quick tip - make sure you keep track of ALL your 1099 income and set aside money for taxes! I made the mistake of not saving enough for taxes my first year as a contractor and got hit with a huge bill plus underpayment penalties. The IRS wants quarterly estimated tax payments if you expect to owe more than $1000 in taxes. Wish someone had told me this when I started!
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Miguel HernΓ‘ndez
β’Thanks for mentioning this! Do I need to make those quarterly payments even if I still have my W2 job where taxes are being withheld? And roughly what percentage should I be setting aside?
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LilMama23
β’Even with a W2 job, you might still need to make quarterly payments on your contractor income. It depends on how much you're making and if your W2 withholding covers your total tax liability. A safe approach is to set aside about 30-35% of your contractor income for taxes (federal, state, plus self-employment tax which is 15.3%). You can use the IRS withholding calculator to get a more precise estimate based on your total income from both sources. Some people also increase their W2 withholding instead of making separate quarterly payments - that's another option if your employer allows it.
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Dmitri Volkov
Don't forget that as a contractor you'll be getting a 1099-NEC form (not 1099-MISC like in the old days) from whoever is paying you. This is what they'll send to the IRS to report how much they paid you. The W9 you're filling out now just gives them the info they need to create that 1099-NEC correctly.
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Gabrielle Dubois
β’Actually, some places still use 1099-MISC for certain types of payments. I got both types last year - 1099-NEC for my consulting work and 1099-MISC for some royalty payments. Depends on the type of income.
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