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Have you considered that maybe your ex entered something on their return that's causing issues with yours? When my ex and I sold our house post-divorce, he claimed the entire capital gain exclusion on his return before I filed mine. This caused a huge headache because the IRS flagged my return when I also claimed my portion of the exclusion. Might be worth checking if your ex has already filed and how they reported the sale.
Omg I didn't even think about that! We aren't exactly on speaking terms but I guess I should try to find out how he reported the sale on his taxes. Is there any way to fix this if he did claim the entire exclusion? We're supposed to split everything 50/50 according to our divorce decree.
Yes, there's definitely a way to fix it, but it can be a bit complicated. First, your divorce decree is hugely important here - if it specifies a 50/50 split, that document will help you if there's any dispute with the IRS. What you need to do is file your return correctly according to your actual situation (claiming your rightful portion of the exclusion). If the IRS sends you a notice because of conflicting information from your ex's return, respond with a copy of your divorce decree and an explanation. You might also need to include Form 8379 (Injured Spouse Allocation) with your return if you think this might be an issue.
Quick question - did you make any significant improvements to the house during those 10 months? Things like renovating a bathroom, upgrading the kitchen, adding a deck? Those costs get added to your basis and reduce your taxable gain. A lot of people forget to include these when calculating their home sale profits.
One thing nobody has mentioned yet is that you should double-check if your broker actually withheld at 30% during those early months. Sometimes brokers apply the correct treaty rate even without an updated W8-BEN if they have your country of residence on file from previous documents. Look at your 1042-S forms from your broker - they'll show the exact withholding rate applied for each payment. If they actually withheld at 25% the whole time, you wouldn't need to claim any additional treaty benefits. But if they did withhold at 30%, then definitely follow the advice about Schedule NEC and proper treaty claims.
Thank you for this suggestion! I just rechecked my 1042-S forms and you're right - they actually show different rates. For Jan-March they withheld at 30%, but April and May were already at 25% even though I thought my W8-BEN update wasn't processed until June. So I only need to claim treaty benefits for the first quarter, which simplifies things a bit.
That's great news! That will definitely make your filing easier since you only need to address a smaller portion of your dividends. Just make sure your tax software applies the correct rate to each payment based on what was actually withheld. If the software is still giving you trouble with applying different rates to different payments from the same source, you might need to enter them as separate items or look into the more specialized tax preparation options others have mentioned.
Has anyone dealt with a situation where dividends came from a US company but the stocks were held in a non-US brokerage account? I'm also filing 1040-NR and have dividends from a US company but through my Indian broker. Not sure if the treaty still applies the same way.
Yes, the treaty still applies based on the source of the income, not where your brokerage is located. If they're US company dividends, the US-India tax treaty rate of 25% applies regardless of whether your broker is in India or the US. However, there's an additional complication - your Indian broker might not be withholding US taxes properly. You should check if they're sending you a 1042-S form showing US tax withholding. If they aren't withholding US tax, you would need to report the full dividend amount on your 1040-NR and pay the treaty rate of 25% yourself.
My wife works for a non-profit hospital (in-person tho), and the main benefit tax-wise is that she qualifies for Public Service Loan Forgiveness since it's a 501(c)(3). If you have student loans, make sure to look into that! After 10 years of qualifying payments while working for the non-profit, the remaining balance gets forgiven.
Omg that's incredible! I do have about $45k in student loans still. I had no idea this was a thing. Do you know if it matters that I'm working remotely? Does your wife have to do anything special to qualify for this program?
Remote work doesn't affect PSLF eligibility - it's about who your employer is (a qualifying non-profit), not where you physically work. The key requirements are: working full-time (at least 30 hours per week), making 120 qualifying monthly payments under an income-driven repayment plan, and being employed by a qualifying employer during those payments. My wife had to submit the PSLF Employment Certification Form annually to track her progress. The most important thing is to start this process ASAP - get the Employment Certification Form filled out by your HR department once you start. Many people miss out because they don't properly document their qualifying employment from the beginning.
Couple things to watch for with remote non-profit hospital work that bit me: 1. Make sure they're withholding for the correct state (where you live/work) 2. If they give you any kind of stipend for home office, internet, etc., clarify if it's taxable or not 3. Check your first few pay stubs CAREFULLY - my HR screwed up and it took months to fix Also be aware some health systems classify certain workers as "PRN" or contractors even when they're remote full-time which completely changes your tax situation.
This is great advice! I'd add that you should also check whether they offer a 403(b) retirement plan rather than a 401(k) - it's the non-profit version and sometimes has different contribution limits or match structures.
I'm a tax preparer (not a CPA but I work for a tax firm) and just want to add that how you file can also impact your health insurance situation if you get coverage through the marketplace. If you file separately, neither spouse can claim the premium tax credit in most cases, which could be thousands of dollars lost if you receive subsidies. Also, with student loans, are you on an income-driven repayment plan? Filing separately might lower your monthly payments if they're calculated based on your income alone rather than joint income. Sometimes the student loan savings over the year outweigh the tax benefits of filing jointly.
We don't have marketplace insurance (covered through my employer) but your point about income-driven repayment plans is really helpful! I am on an IBR plan for my loans. Do you know how much filing separately typically reduces the monthly payments? Is it worth losing the tax benefits?
For Income-Based Repayment (IBR) plans, filing separately can make a significant difference in your monthly payments. When you file jointly, both your income and your spouse's are considered when calculating your payment, even if your spouse isn't responsible for the loans. Filing separately means only your income counts. The impact varies widely depending on income disparity between spouses. In your case, with your $85,000 income and your husband's $32,000, filing separately could reduce your monthly student loan payment by roughly 25-40%. However, this needs to be weighed against tax benefits lost. You'd lose the student loan interest deduction (up to $2,500), potentially higher retirement contribution limits, and other credits. I usually recommend calculating both scenarios - the annual tax savings from filing jointly versus the annual student loan payment savings from filing separately. For many clients, the student loan savings actually outweigh the tax benefits, especially if you're working toward loan forgiveness programs.
Has anyone tried using FreeTaxUSA for comparing filing jointly vs separately? I used it last year and it was easy to create two different returns to see the difference.
FreeTaxUSA is decent for basic comparison but it misses some of the nuances. Last year it showed only a $300 difference for us between filing methods, but when our accountant did it properly, there was actually a $1,800 difference because of how our state taxes interacted with federal deductions. The software missed that completely.
Drew Hathaway
7 Have you compared how much tax you actually PAID between the two years? Your total tax is what matters, not just the refund amount. Look at line 24 on your 1040 from both years. If you made more money, you probably paid more tax total, but might have had better withholding throughout the year. Also check if anything else changed - did you have any gig work or side income? Any credits you qualified for last year but not this year? Sometimes small changes can have big impacts on your refund.
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Drew Hathaway
ā¢1 I didn't even think to check that... just looked at my forms and you're right, my total tax paid went up a lot this year (like $1400 more than last year), but my withholding didn't increase enough to match it. I did do some DoorDash on weekends this year that I forgot about, and that probably didn't have any withholding on it. That explains a lot, thanks!
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Drew Hathaway
ā¢7 The DoorDash income is definitely a big factor then! Self-employment income doesn't have taxes automatically withheld, so that would explain why your refund was smaller - you earned money throughout the year that didn't have any tax withheld from it. For next year, you might want to consider making quarterly estimated tax payments on that income, or increasing your withholding at your main job to cover it.
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Drew Hathaway
3 Has anyone else noticed that retail jobs seem to be really bad at withholding the right amount? I worked at Walmart last year and had the same exact issue, tiny refund even though I was expecting more. My boyfriend works in construction and always gets a decent refund.
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Drew Hathaway
ā¢11 I work at a grocery store and have the same problem. I think it's because our hours fluctuate so much week to week, so they can't really predict what we'll make for the whole year. My sister is a teacher with a steady salary and her withholding is almost perfect every year.
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Drew Hathaway
ā¢3 That makes a lot of sense about the fluctuating hours! I didn't think about it that way. I guess if some weeks I'm getting 38 hours and other weeks only 22, the withholding system probably gets confused about what my actual annual income will be.
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