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Just a heads up - I came to the US on H1B in 2023 and messed up by filing the wrong form my first year. I used Form 1040 instead of 1040-NR, and now I'm dealing with an IRS notice and having to file an amended return. The main differences that matter for H1B holders: - Form 1040-NR only taxes your US source income - Form 1040-NR has different deduction rules (some standard deductions aren't available) - Form 1040-NR limits certain tax credits - Filing status options are different (no joint return with a nonresident spouse on 1040-NR) For your second year (2025), you'll likely pass the substantial presence test and can use regular Form 1040, which generally has more favorable tax treatment.
That sounds stressful! Did you have to pay penalties for filing the wrong form? And did the IRS contact you about it, or did you discover the mistake yourself?
I discovered it myself after attending a tax workshop for international employees at my company. I filed an amended return (Form 1040-X) right away, which limited the penalties. I did have to pay some interest on the additional tax owed, but no major penalties since I corrected it voluntarily before the IRS caught it. The IRS did eventually send a notice, but by then I had already filed the amendment. The most painful part was that I had claimed some credits on the original Form 1040 that I wasn't eligible for as a nonresident, so I had to pay back that money plus interest. Don't make my mistake - get the form right the first time!
Quick tip: Download IRS Publication 519 (U.S. Tax Guide for Aliens). It has a detailed flowchart on page 8 that helps determine your status. Based on your arrival date, you're almost certainly a nonresident alien for 2024 tax purposes, which means Form 1040-NR. Also, most tax software struggles with nonresident returns. TurboTax and H&R Block can do it but you need their premium versions. Sprintax specializes in nonresident returns and might be easier.
Sprintax is good but expensive! I found a free option through the IRS Free File program that handles 1040-NR, but you have to dig for it on their website.
Just FYI - I work in university administration (not at a COE) and what that bursar told you is complete nonsense. There's no special tax status for Colleges of Education that prevents students from claiming education tax benefits. My guess is the person you spoke with was confused about how the institution itself is funded or taxed, which has absolutely nothing to do with your personal tax situation as a student paying tuition. ALWAYS consult with a tax professional rather than university administrative staff about tax matters. We're not trained in personal tax law and shouldn't be giving that kind of advice to students.
That's what I suspected! I was so confused because it directly contradicted what other teachers in my district told me about their education expenses. Is there any documentation I should specifically request from the university to help with claiming education credits?
You should definitely request Form 1098-T from your university, which shows your tuition payments and is required for claiming education credits. Also keep all receipts for required books, supplies, and equipment as these can sometimes be included in qualified education expenses depending on the credit you're claiming. Make sure the 1098-T shows your payments rather than just amounts billed. Some universities only report billed amounts by default, which can cause issues with your tax filing. You may need to specifically request a 1098-T that shows actual payments made during the tax year.
Has anyone here successfully claimed both the LLC (Lifetime Learning Credit) AND deducted professional development expenses on Schedule C if you do some independent consulting work? I've been told different things by different tax preparers.
You can potentially do both but NOT for the same expenses. If you claim certain expenses for the LLC, you cannot also deduct those same expenses on Schedule C. It would be considered double-dipping. However, if you have enough education expenses, you could use some for the LLC (up to the $10k limit) and then deduct additional, separate expenses on Schedule C if they're directly related to your self-employment work.
Thanks for clarifying! That makes sense - I wasn't sure if it was an either/or situation or if I could split the expenses between the two. I'll make sure to track which expenses I'm applying to each category.
Be VERY careful with this strategy! I tried something similar in 2023 and ended up being audited. The issue wasn't the self-rental itself but the "economic substance" of the arrangement. The IRS argued that the transaction lacked a legitimate business purpose beyond tax avoidance. Some things that tripped me up: - Not having proper insurance (needs to be landlord insurance, not homeowner's) - Using personal accounts for some property expenses - Not having a formal lease with all proper terms - Not being able to prove fair market rent (you need comparable properties) The audit cost me more than I ever would have saved, plus I had to amend three years of returns. Just be absolutely certain your documentation is bulletproof if you go this route.
This is exactly the kind of real-world experience I was hoping to learn from. Would you mind sharing what documentation the IRS specifically questioned during your audit? And did you qualify as a real estate professional or were you trying a different approach?
The documentation they zeroed in on was my activity log for proving real estate professional status. I claimed to meet the requirements but my records were inconsistent and some activities I counted weren't considered "material participation" by the auditor. I did qualify as a real estate professional based on hours, but they questioned whether I was truly spending more time on real estate than my primary job. They wanted to see detailed, contemporaneous records - not just a spreadsheet I created after the fact. They also scrutinized whether the rent I charged myself was truly market rate, asking for multiple comparable properties and professional rental assessments. One major issue was commingling of funds between personal and business accounts. They viewed this as evidence I wasn't treating the LLC as a separate entity. Make sure every expense goes through separate accounts and that you have a formal process for paying rent that looks like a true landlord-tenant relationship.
Has anyone considered the insurance implications of this arrangement? Most homeowner's policies won't cover claims if you're technically renting from an LLC that you own. You'd need a landlord policy for the LLC and a renter's policy for yourselves. Also, what about mortgage considerations? Many residential mortgages have occupancy clauses requiring the borrower to occupy the property. If the LLC takes the mortgage but doesn't occupy it, you might be violating the terms.
Good points. Also worth mentioning that mortgage rates for investment properties are typically higher than primary residences, often by 0.5-1%. So even if you find a lender willing to do this arrangement, you'll likely pay more for the mortgage, which could offset some of the tax savings.
One thing nobody's mentioning - check if the W-2C affects your county or city taxes too! Some places have local income taxes that piggyback off state reporting.
This!!! I had a W-2C a couple years ago and completely overlooked my city taxes. Ended up getting a notice 6 months later for underpayment and penalties ðŸ˜
I'm an accountant and deal with these all the time. The most important question: did you file state returns based on the incorrect W2? If yes, then yes you need to amend. If no, then just file the correct state returns now. And keep copies of EVERYTHING for at least 7 years!
Finnegan Gunn
Has anyone had issues with the state return portion of Cashapp Tax? I tried using it for my rentals that are in a different state from where I live and it seemed confused about how to handle the income allocation. Ended up switching to FreeTaxUSA and it handled the multi-state situation much better.
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Miguel Harvey
•Yes!! Cashapp was a disaster for my multi-state situation. I have rentals in Colorado but live in Texas. It kept trying to make me file resident returns in both states and the support was clueless. FreeTaxUSA correctly set up non-resident return for the rental state.
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Finnegan Gunn
•I had exactly the same experience! The software seemed to get confused between resident and non-resident state filing requirements. It kept prompting me to enter information that wasn't relevant to my situation. FreeTaxUSA immediately recognized that I needed a non-resident return for the state where my rental was located. The questionnaire was much more straightforward and accurately allocated income to the appropriate states. Their state filing support is definitely superior for rental property owners with multi-state situations.
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Ashley Simian
Does anyone know if either of these can handle depreciation recapture if you sell a rental? I might sell one of my properties next year and I know that's a tax nightmare with the different rates for regular gains vs depreciation recapture.
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Oliver Cheng
•FreeTaxUSA handles it pretty well. I sold a rental last year after owning it for 9 years and it walked me through calculating the recaptured depreciation at the 25% rate separate from the long-term capital gains. Just make sure you have good records of all the depreciation you've taken over the years!
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