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  1. If that is what the IRS representative told you...

    If that is what the IRS representative told you to do, then write the letter.

    Give very specific timelines as to when you arrived and departed, providing a copy of your visa with the entry and...
  2. The 401K is NOT an issue in determining residency...

    The 401K is NOT an issue in determining residency status.

    This is what I suspect the problem to be: you failed to submit the Residency Termination Statement in a timely manner.

    You submitted...
  3. It has to be your primary home. But that...

    It has to be your primary home.

    But that applies ONLY IF you do not qualify for the homeonwer's exclusion ($250K for a single person; $500,000 for a joint return for a couple) of profit on the...
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    You probably got a standard computer-generated...

    You probably got a standard computer-generated letter, which I would have to see to properly evaluate your requirements.

    If you want to send me the letter, email it to me using the email address...
  5. Sorry, but this is CLEARLY a homework question,...

    Sorry, but this is CLEARLY a homework question, and we cannot answer such questions.
  6. Answers
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    I believe that there IS a requirement that you...

    I believe that there IS a requirement that you pay county taxes in Indiana BOTH where you live and work. Suggest you contact the payroll company and have the required taxes withheld.
  7. Question: FBAR

    by AtlantaTaxExpert
    Answers
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    171

    YES, you must report the highest balance of the...

    YES, you must report the highest balance of the account closed in 2016.

    For FBAR, you use the exchange rate on 31 December 2016.

    You can find the exchange rate at the link below:
    ...
  8. It has been over a decade since I have prepared...

    It has been over a decade since I have prepared Form 941 for withheld taxes, so I will abstain from answering in favor of someone with more recent preparation experience.
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    Rental real estate is considered a HARD capital...

    Rental real estate is considered a HARD capital asset, not a liquid financial asset.

    Only LIQUID financial assets like bank accounts, stock account, mutual funds, insurance policies with cash...
  10. Form 8854 is the "Initial and Annual Expatriation...

    Form 8854 is the "Initial and Annual Expatriation Statement".

    Are BOTH of you leaving, or just YOU?
  11. What you pay in capital gains is dictated mostly...

    What you pay in capital gains is dictated mostly by your overall financial situation.

    If the sale of the house is your ONLY income, the capital gains tax could be as little as ZERO.

    If you...
  12. Agreed! If ETP is the equivalent to severance...

    Agreed!

    If ETP is the equivalent to severance pay, then the OP is NOT entitled to it because he resigned.
  13. The previous answers seem to make sense. I...

    The previous answers seem to make sense.

    I have NEVER encountered ETP in my tax business, so I have NO answer/
  14. Noted

    Noted
  15. You CAN file jointly with your husband and CHOOSE...

    You CAN file jointly with your husband and CHOOSE to be treated as a resident alien for 2015.

    Doing so makes ALL of your world-wide income earned in 2015 subject to U.S. income taxes AND makes...
  16. If you file a JOINT tax return for 2015, then ALL...

    If you file a JOINT tax return for 2015, then ALL world-wide income earned by BOTH spouses is subject to U.S. income tax. That income tax can be mitigated by claiming the Foreign Tax Credit (Form...
  17. Answers
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    MA0641 has valid points. One question: Is your...

    MA0641 has valid points.

    One question: Is your spouse working?

    If no, then follow MA0641's advice.

    If yes, then adjustments may be needed to your and your wife's W-4.
  18. Yes, unreimbursed partnership expenses CAN be...

    Yes, unreimbursed partnership expenses CAN be claimed on your personal tax return.

    However, it is ALWAYS better to claim the expenses on the Form 1065, because claiming them on your Form 1040 is...
  19. Answers
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    Unless title was formally passed to the three...

    Unless title was formally passed to the three heirs, a rather complicated process, I believe it is safe to assume that the sale of the house was done while it was still part of the estate.
  20. Answers
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    My esteemed colleague ebaines has covered all of...

    My esteemed colleague ebaines has covered all of the income and estate tax issues.

    I have only one addition. If the sale of the house, after fees and sales costs, does in fact show a profit,...
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    Do not worry; you WILL get your refund...

    Do not worry; you WILL get your refund eventually.

    The time it takes to manually process tax returns is a LOT longer this year than in the past due to budget cuts and manpower shortages. What...
  22. That is an exceptionally complex tax question...

    That is an exceptionally complex tax question which cannot be properly answered without having detailed knowledge of your total financial situation. Given these facts, I cannot give a concise answer.
  23. Answers
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    Many states have similar apps on their tax agency...

    Many states have similar apps on their tax agency websites to allow you to track the state refunds.
  24. Answers
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    In the U.S. federal tax return, there IS a credit...

    In the U.S. federal tax return, there IS a credit for the Elderly or the Disabled, which is calculated on Schedule R and displayed on Line #54 of Form 1040. It is rarely used because the income...
  25. By law, the CPA (or any other tax professional)...

    By law, the CPA (or any other tax professional) is required to provide you a copy of the tax return.

    Further, the CPA is required by the IRS to file the return electronically if it can be so...
  26. Answers
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    Okay; I STILL recommend that you take the child...

    Okay; I STILL recommend that you take the child and passport to the IRS TAC for inspection of the passport and submission.
  27. 1) Yes 2) No 3) If you are receiving an...

    1) Yes

    2) No

    3) If you are receiving an annual pension, part of it will be taxable, probably as "other income" on Line #21 of Form 1040, though it MAY be considered a pension distribution.
    ...
  28. Answers
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    I assume that the child spent at least 183 days...

    I assume that the child spent at least 183 days of 2016 in the United States, including EVERY day of the month of December 2016.

    If yes, then the certified passport should be sufficient...
  29. Glad to help!

    Glad to help!
  30. The formula for the Substantial Presence Test can...

    The formula for the Substantial Presence Test can be found in IRS Pub 519.

    Form 8843 is required anytime a F or J visa holder is located in the United States, even if no tax return is filed.
  31. Answers
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    Glad to help!

    Glad to help!
  32. Answers
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    If you have a refund due at the federal and state...

    If you have a refund due at the federal and state level, then wait for the Schedule K-1.

    If you OWE taxes, then file and amend later.
  33. Answers
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    You ALWAYS have the option of filing Married...

    You ALWAYS have the option of filing Married Filing Separately, though it is likely that filing jointly is the best option.
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    Ebaines has it covered. It is most likely she...

    Ebaines has it covered. It is most likely she will owe NOTHING on the sale of the house.

    If Form 1099-S is generated on the sale, the sale must be reported. If there is NO Form 1099-S, then the...
  35. Joy's advice makes sense.

    Joy's advice makes sense.
  36. Absolutely. I invoice private clients all of the...

    Absolutely. I invoice private clients all of the time.
  37. No, not really. If she sells the property, she...

    No, not really. If she sells the property, she will have to report the capital gain on Schedule D and Form 8949. Other than that, there is no special tax consideration.
  38. If you filed Form 1040EZ, you filed incorrectly. ...

    If you filed Form 1040EZ, you filed incorrectly. You have not yet met the Substantial Presence Test, so, for 2016, you should have filed as a non-resident alien, filing Forming expenses.1040NR wigth...
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    File Form 4868 and WAIT for the Form 1042-S,...

    File Form 4868 and WAIT for the Form 1042-S, especially if you are due a refund.

    That is MUCH easier than filing an amendment.
  40. Glad to help!

    Glad to help!
  41. Mail Form 4868 to apply for the automatic...

    Mail Form 4868 to apply for the automatic extension, just to be safe.
  42. Use your current address. Otherwise, how...

    Use your current address.

    Otherwise, how would the NY state tax department contact you about the amendment?

    And where do you think they are sending the check?
  43. Answers
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    When submitting amendments, ALWAYS use your...

    When submitting amendments, ALWAYS use your current mailing address. That is where the IRS will send the refund check or, if you are paying, send any correspondence about the amendment.
  44. Oh, yes, for sure. If I were preparing your...

    Oh, yes, for sure. If I were preparing your return, I would without a doubt claim the treaty exemption.
  45. You do NOT have to show them, at least not unless...

    You do NOT have to show them, at least not unless specifically asked, which is not likely.
  46. use the Form IT-203X that you found. The odds...

    use the Form IT-203X that you found. The odds are the NY state tax department will accept it as a valid substitute form.
  47. You do NOT have to file Form 8233 to claim the...

    You do NOT have to file Form 8233 to claim the exemption. You just debit your W-2 wages by $9,000 on Line #8 of Form 1040NR and enter the $9,000 exemption amount on Line #22 of Form 1040NR, then...
  48. Yes, to file for 2016. The 15th is the last...

    Yes, to file for 2016.

    The 15th is the last day to amend or adjust the 2013 tax return, and I doubt that the New York tax department will be open on Saturday.
  49. Call tomorrow. It is the LAST day the state will...

    Call tomorrow. It is the LAST day the state will probably accept any adjustments
  50. If it is for tax year 2012, it is probably too...

    If it is for tax year 2012, it is probably too late to do anything.

    Call the New York tax department and ASK!
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