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just wondering if anyone knows if we non-residents with SSNs have different filing deadlines? or is it still april 15 like everyone else?
One important thing to remember is that as a non-resident with 1099-NEC income, you might be subject to different self-employment tax rules depending on whether your country has a totalization agreement with the US. This can significantly impact how much you owe, so make sure whatever software you use addresses this!
I had no idea about totalization agreements! I'm from Brazil - do you know if that would apply to me?
Brazil currently doesn't have a totalization agreement with the US, so you would generally be subject to US self-employment taxes (Social Security and Medicare) on your 1099-NEC income. This is in addition to income tax. This is actually one of the trickier parts of filing as a non-resident with self-employment income, and why using specialized software can be worth the cost. The self-employment tax is roughly 15.3% on top of regular income tax, so it's a significant amount! Make sure whatever filing method you choose correctly calculates this for your 1099-NEC income.
I've been playing the "perfect return" game for years! My best year was getting to $3 refund. For accelerated depreciation, make sure you're keeping good records. I got audited two years ago and they specifically looked at my bonus depreciation claims. Had all my documentation and passed with no changes, but it was stressful!
You're playing on expert mode lol! I'm happy if I can just avoid owing a penalty. Quick tip though - I learned that if you owe less than $1,000 at tax time, there's no underpayment penalty. So aiming for a small amount due (like $500) is actually optimal from a cash flow perspective. You get use of your money all year AND avoid penalties.
Not sure if anyone mentioned this yet, but if H&R Block made this mistake, they should cover any penalties and interest under their accuracy guarantee. I used to work at a tax prep office (not H&R Block), and this kind of error would definitely be covered under their guarantee. Make sure you bring the original W-2 and all your 2021 tax documents when you go back to them. Ask specifically for a manager, not just any preparer. And be prepared - they might try to charge you for the amendment itself, but push back on that since it was their error.
Thank you for the insider perspective! Would you recommend I gather any other documentation before going in? I have the original Dollar Tree W-2 and my tax return paperwork from that year. Should I call and make an appointment specifically about this issue?
I would definitely recommend calling ahead for an appointment and specifically mentioning that you're coming in about a preparer error that requires an amendment. This helps ensure you get scheduled with someone more experienced rather than a seasonal preparer. Bring absolutely everything from that tax year - all W-2s (including the missed one), your full tax return packet, and any other tax documents like 1099s or interest statements. If you have any emails or receipts from your original preparation, bring those too as they might show what you paid for and what guarantees were included.
Quick question for anyone who knows - if OP amends this return from 2021, will they still get to keep any stimulus payments they received based on the lower income they originally reported? My cousin had a similar situation and ended up having to pay back some stimulus money when her "real" income was too high to qualify.
Good question! The Recovery Rebate Credits (stimulus payments) from 2021 started phasing out at $75,000 for single filers and $150,000 for married filing jointly. Based on OP's description (adding about $26K to a previous $13K), their total income of roughly $39K would still be well below the phase-out threshold. So they likely wouldn't have to repay any stimulus money. The Earned Income Tax Credit is a different story though - that would almost certainly be recalculated based on the higher income, which might reduce the credit amount they received.
Something else to consider - since you had a net capital loss, amending your return will likely result in a LARGER refund (or less tax owed). The IRS allows you to deduct up to $3,000 of capital losses against your regular income. You might actually come out ahead after filing the amendment! Just make sure you use Schedule D along with your 1040-X to report the capital transactions.
Can you still claim the capital loss deduction if it was from wash sales though? I thought those were disallowed?
Good question about wash sales. The wash sale rule disallows the loss specifically on transactions where you buy back the same or substantially identical security within 30 days before or after selling at a loss. However, that disallowed loss gets added to the cost basis of your replacement shares. Looking at the original post, they still had a net capital loss of $870 AFTER accounting for wash sales. The wash sale amount ($27,125) was already factored into their calculations. So they can still claim that $870 loss against their income. If they hadn't repurchased those shares, their loss would have been much larger!
Has anyone actually gotten a CP2000 notice from the IRS for not reporting a 1099-B that showed a loss? I'm wondering how urgent this amendment really is.
Yes! I ignored a 1099-B with losses last year thinking "why bother if I'm not owing more?" Got a CP2000 about 4 months later. The IRS computer only sees "unreported income" from the proceeds, not the net result. Had to respond with a complete Schedule D showing the loss calculation. Major headache that could have been avoided by just amending right away.
Jade Santiago
Don't forget there's a special rule for "self-rentals" too! If you own a business AND rent property to that same business, different rules apply for QBI purposes. That rental income typically qualifies for QBI regardless of whether it meets the trade/business standard, as long as there's common ownership. Also, if your income is under the threshold ($170,050 for singles or $340,100 for married filing jointly for 2025), you don't have to worry about whether your rental is a specified service business or not.
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Caleb Stone
ā¢Ooh, that's interesting about self-rentals. What about if I own a single-member LLC that owns both my business and a building, and the business operates in that building? Would that qualify as self-rental for QBI purposes?
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Jade Santiago
ā¢For self-rentals and QBI, the key is having common ownership between the rental activity and the operating business, not necessarily the exact same entity. If your single-member LLC owns both the business operations and the building, it's actually simpler - it's all within one entity so there's no "rental" happening for tax purposes. The self-rental rule typically applies when you have separate entities or activities - like if you personally owned the building and rented it to your LLC business. In that case, the rental income would generally qualify for QBI regardless of whether the rental itself meets the trade or business standard.
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Daniel Price
Question for anyone who knows - does a triple net lease (NNN) where the tenant pays all expenses and I basically just collect a check each month automatically disqualify me from QBI? I have two commercial properties with NNN leases and trying to figure out if I should even bother trying to claim QBI on them.
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Olivia Evans
ā¢Triple net leases are specifically mentioned in IRS guidance as potentially problematic for QBI. In Rev. Proc. 2019-38, they explicitly excluded triple net leases from the safe harbor. But that doesn't automatically disqualify you from claiming QBI - it just means you can't use the safe harbor provision.
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Daniel Price
ā¢Thanks for clarifying that! So I'd need to prove my triple net lease activities constitute a trade/business outside of the safe harbor? Sounds like an uphill battle given how passive those arrangements are by design. I might need to talk to my accountant about this one.
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