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Don't forget about state taxes! Everyone's talking about federal gift tax, but some states have their own gift tax rules. Connecticut is the only state with a true gift tax now, but other states might treat gifts differently or have inheritance taxes that could affect your friend. Also, if you're giving a substantial gift to help someone in need, you might want to look into setting up a more formal arrangement if this could become recurring. There are tax-advantaged ways to provide financial support through trusts or family partnerships depending on your situation.
Wait really? I've never heard of state gift taxes before. I live in California and give my kids money every year. Do I need to be filing something with the state? Now I'm worried I've been doing this wrong for years...
You don't need to worry about California - they don't have a state gift tax. Connecticut is currently the only state with a specific gift tax. Previously, Tennessee had one but they phased it out. However, some states do have inheritance taxes that the recipient might pay, though these typically exempt immediate family members and have various thresholds. For regular gifts to your kids in California, there's no additional state filing requirement beyond what's required federally (which is nothing if you're under the annual exclusion amount).
Just wanted to mention that if you're giving money to help a friend in need, there's another option worth considering. You could pay certain expenses directly rather than giving cash. If you pay medical providers or educational institutions directly, those payments are exempt from gift tax limits altogether! So if your friend has medical bills or education expenses, you could pay those directly and still give the $16,000 cash gift. The direct payments don't count toward your annual exclusion amount.
This is really helpful! My daughter is starting college next year and my parents want to help. Does this mean they could pay her tuition directly to the school AND give her gift money up to the limit without any tax issues? Would this work for her dorm costs too or just tuition?
Yes, your parents can absolutely pay your daughter's tuition directly to the educational institution AND still give her up to the annual gift exclusion amount ($17,000 for 2024) with no gift tax consequences! This is a great strategy for education funding. For the second question, the unlimited education exclusion typically covers tuition only, not room and board/dorm costs or books. Those additional expenses would need to come from either the regular cash gift (within the annual exclusion amount) or other resources. The IRS is quite specific that the education exception only applies to direct tuition payments to qualifying educational institutions.
I dealt with this exact situation last year with prize money from a tech competition in Austin. From my experience, your best bet is to: 1) Request an extension from ETH Denver explaining that you're in the process of obtaining a TIN 2) Submit the W-7 through an Acceptance Agent rather than mailing it to Texas 3) Use "Applied For" in the TIN field on your W-8BEN The Acceptance Agent route is much faster - they can verify your documents on the spot and submit everything electronically. There are authorized agents in most major cities including Warsaw. This cut my processing time from 3+ months to about 6 weeks.
Thanks for sharing your experience! What exactly is an Acceptance Agent and how do I find one in Warsaw? Also, did ETH Denver (or equivalent in your case) actually agree to the extension when you asked?
An Acceptance Agent is someone authorized by the IRS to verify identification documents for ITIN applications. They can certify your original documents so you don't have to mail them to the IRS. You can find a list of international agents on the IRS website - search for "acceptance agents abroad" and filter for Poland. The tech competition in my case did agree to a 45-day extension. They were understanding once I showed them documentation that I had started the TIN application process. I found that being transparent about the timeline and keeping them updated regularly made them more willing to work with me. I sent them the receipt from the Acceptance Agent as proof that I had actually started the process, which helped a lot.
Has anyone considered whether a state ID number could work instead of a federal TIN? My cousin won something at a game development event and used his California state ID number on some tax treaty paperwork. The organizers accepted it and only withheld like 10% instead of 30%.
That's not correct advice at all. State ID numbers are completely different from federal taxpayer identification numbers and aren't recognized for federal tax treaty purposes. Either your cousin misunderstood what happened or the organizers made a mistake. Using a state ID in place of a TIN on W-8BEN could actually create bigger problems down the road when the IRS reviews the withholding.
Make sure you keep copies of EVERYTHING you submit for your amendment! My roommate (also J1) had a similar situation and the IRS claimed they never received her amended return even though she had tracking confirmation. She had to resubmit everything, which delayed her refund by another 3 months. I recommend sending it certified mail with return receipt so you have proof of delivery. Also make copies of all documents before sending. The processing time for amended returns for non-residents is super slow right now - like 6-8 months according to what the IRS told her.
That's really good advice - I wouldn't have thought about the certified mail option. Did your roommate eventually get her refund after all that trouble? And did she have to pay any penalties for filing incorrectly the first time?
She did finally get her refund about 7 months after submitting the amended return, but the IRS actually adjusted the amount slightly based on some tax treaty provisions that applied to her specific country. They didn't charge any penalties or interest since it was clearly just a mistake about which form to use rather than trying to evade taxes or anything. One other tip she learned: call the IRS International Taxpayer line at 267-941-1000 instead of the regular number. They're more familiar with non-resident issues and J1 visa situations specifically. Though getting through is still a nightmare unless you use one of those line-cutting services mentioned above.
Has anyone tried contacting their university's international student office about this? When I had a similar issue (H1B visa), the international office at my former university had tax specialists who helped international students/scholars file amendments for free. They even had a direct line to an IRS representative who specialized in non-resident returns.
This is great advice! I work at a university international student office, and we offer free tax help specifically for situations like this. Most large universities with international programs have resources to help with non-resident tax issues. One thing I should clarify though - the 1040-X form is only for amending a tax return if you're a US citizen or resident alien. As a non-resident alien on J1, you actually need to file a 1040-NR with a statement attached explaining the error. The amendment process is slightly different for non-residents.
Has anyone used the simplified home office deduction for their side business? It's $5 per square foot up to 300 square feet instead of calculating all the actual expenses. Seems easier if you qualify!
I use the simplified method for my Etsy shop and it's so much easier than tracking all those expenses. But remember you still need a space that's EXCLUSIVELY for business use. I converted a small closet (about one-sixth of my apartment's square footage) to store inventory and take product photos, and I only claim that area.
Important point: make sure you're documenting everything in case you get audited. Take photos of your office space, keep receipts for all business purchases, maintain a log of when you use the space for business vs. employment, etc. Trust me, you do NOT want to be scrambling for documentation if the IRS comes knocking!
Freya Christensen
Have you considered the actual Standard Mileage Rate instead of tracking actual expenses? For 2023 it's 65.5 cents per mile for business use. This includes ALL vehicle costs including fuel (or in your case, electricity). Much simpler than tracking individual expenses.
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Amina Diallo
ā¢I did think about the standard mileage deduction, but from what I've calculated, the actual expense method will probably be more beneficial in my case. I drive the EV almost exclusively for business, and with the depreciation of the vehicle plus all the other expenses, I think I'll come out ahead with actual expenses. But you're right that standard mileage would definitely simplify things!
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Omar Farouk
ā¢The standard mileage rate doesn't actually work well for EVs in many cases. It was designed around gas vehicles and their maintenance costs. EVs have higher upfront costs but lower per-mile costs, so you might be leaving money on the table using standard mileage.
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Chloe Davis
Slightly off topic but make sure you're also claiming the EV charger installation cost as a business expense if you haven't already! I was able to deduct 80% of my Level 2 charger installation since I use my car primarily for business. Saved me about $800 in taxes last year.
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AstroAlpha
ā¢What documentation did you need to prove the business use percentage? I'm getting a charger installed next month and want to make sure I have everything ready for tax time.
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