It is TAX time, get some extra refunds with your new SS number/s !

NuvF

Member
This is mainly for AoS (not only DV but any category, so share accordingly with others)

It is TAX time and now you are a PR (or not yet, do you hold an EAD?), then Uncle Sam may owe you big money , for real!!

I wonder how many who get GC or filed i-485 and got just EAD for now (any GC category) know that you can claim and get money from IRS [FONT=&amp]‘Retroactively’[/FONT]?!!

[FONT=&amp]In fact, in general in US, for every 5 ppl whom the govt owe money, it is only 1 who ‘try’ and get back their legitimate dues from IRS. [/FONT]


Unless and until you file a regular 1040 and/or amend a past with 1040X, you get NOTHING!

For some of you, if you are ‘eligible’ and you do this right, you may recoup all or more $$, than what you spent for getting your GCs!

[FONT=&amp]My post here mainly concern with amending the past with 1040X and claim money ‘Retroactively’![/FONT]

[FONT=&amp]This applies only for some people[/FONT] (depending on income) who were in the past were on F,J,H (or similar) visas and who in the past ‘legitimately’ filed tax as RESIDENTS (i.e. form1040A, EZ etc), not 1040NR.

This mainly applies for those who had 1 or more kids and W2 ‘Box 1’ income (which is usually not the gross income) was BELOW ~$42k-60k, depending on family size. (it is in fact the AGI that matter, you need to dbl chk). If married with no kids or single, the limit is very low, below $20k. My advise is to dbl chk your past filings now, no matter what your income is/was.

If you do it before April 15th, you can amend the past 3 yrs 2012, 11, and 10 returns.
Past April 15, you cannot file for 2010.
Also, file the 2013 return correctly claiming all currently eligible refunds.

If you filed i-485 for GC and got it, or even you/spouse has got just EAD and got a valid Social Security# (see later) you can do this. (If just got EAD+SS # and you have non-us born kids, better wait till GCs so kids get SS#s too, but for 2010 you can file just with ITIN s for them)

[FONT=&amp]Ok, this is how it works……[/FONT]

When you filed 1040 in those past years, some in the family did not have valid SS #s, so you could not get the full benefit (refund) from what is known as Child tax/additional Child Tax Credits and/or Earned Income Credit (EIC). (and may be also ‘Making Work Pay Tax Credit’, I m not sure on that, dbl chk.)

But now that you have GCs OR may be one or more in family has (or can) get EAD thus eligible for a valid SS# (get the SS fast if you want this benefit), you can file amendments for the PAST with 1040X and claim eligibility and claim those benefits/refunds retroactively.

[FONT=&amp]This comes due to the legal caveat that a US SS# (card) has NO issue or end date, thus it is valid for the past the present and the future![/FONT] (birth and death being the limits)

Now, what you need to do is gather up copies of your past W2 s and 1040 forms filed, and re calculate/evaluate them w.r.t. the above refunds.

Income limits and more info on valid SS# s and how to calculate/file are found in below links

http://apps.irs.gov/app/picklist/li...=formNumber&value=Publ 596&isDescending=false

http://www.irs.gov/Individuals/EITC...than-ever-to-find-out-if-you-qualify-for-EITC

http://apps.irs.gov/app/picklist/li...d+tax+credit&criteria=title&submitSearch=Find

http://answers.yahoo.com/question/index?qid=20120203104709AAcYtmu

http://www.irs.gov/pub/irs-pdf/i1040x.pdf

Share this info with others and/or share your thoughts and more info you may have here.

Best!
 
Last edited by a moderator:
This is mainly for AoS (not only DV but any category, so share accordingly with others)

It is TAX time and now you are a PR (or not yet, do you hold an EAD?), then Uncle Sam may owe you big money , for real!!

I wonder how many who get GC or filed i-485 and got just EAD for now (any GC category) know that you can claim and get money from IRS [FONT=&amp]‘Retroactively’[/FONT]?!!

[FONT=&amp]In fact, in general in US, for every 5 ppl whom the govt owe money, it is only 1 who ‘try’ and get back their legitimate dues from IRS. [/FONT]


Unless and until you file a regular 1040 and/or amend a past with 1040X, you get NOTHING!

For some of you, if you are ‘eligible’ and you do this right, you may recoup all or more $$, than what you spent for getting your GCs!

[FONT=&amp]My post here mainly concern with amending the past with 1040X and claim money ‘Retroactively’![/FONT]

[FONT=&amp]This applies only for some people[/FONT] (depending on income) who were in the past were on F,J,H (or similar) visas and who in the past ‘legitimately’ filed tax as RESIDENTS (i.e. form1040A, EZ etc), not 1040NR.

This mainly applies for those who had 1 or more kids and W2 ‘Box 1’ income (which is usually not the gross income) was BELOW ~$42k-60k, depending on family size. (it is in fact the AGI that matter, you need to dbl chk). If married with no kids or single, the limit is very low, below $20k. My advise is to dbl chk your past filings now, no matter what your income is/was.

If you do it before April 15th, you can amend the past 3 yrs 2012, 11, and 10 returns.
Past April 15, you cannot file for 2010.
Also, file the 2013 return correctly claiming all currently eligible refunds.

If you filed i-485 for GC and got it, or even you/spouse has got just EAD and got a valid Social Security# (see later) you can do this. (If just got EAD+SS # and you have non-us born kids, better wait till GCs so kids get SS#s too, but for 2010 you can file just with ITIN s for them)

[FONT=&amp]Ok, this is how it works……[/FONT]

When you filed 1040 in those past years, some in the family did not have valid SS #s, so you could not get the full benefit (refund) from what is known as Child tax/additional Child Tax Credits and/or Earned Income Credit (EIC). (and may be also ‘Making Work Pay Tax Credit’, I m not sure on that, dbl chk.)

But now that you have GCs OR may be one or more in family has (or can) get EAD thus eligible for a valid SS# (get the SS fast if you want this benefit), you can file amendments for the PAST with 1040X and claim eligibility and claim those benefits/refunds retroactively.

[FONT=&amp]This comes due to the legal caveat that a US SS# (card) has NO issue or end date, thus it is valid for the past the present and the future![/FONT] (birth and death being the limits)

Now, what you need to do is gather up copies of your past W2 s and 1040 forms filed, and re calculate/evaluate them w.r.t. the above refunds.

Income limits and more info on valid SS# s and how to calculate/file are found in below links

http://apps.irs.gov/app/picklist/li...=formNumber&value=Publ 596&isDescending=false

http://www.irs.gov/Individuals/EITC...than-ever-to-find-out-if-you-qualify-for-EITC

http://apps.irs.gov/app/picklist/li...d+tax+credit&criteria=title&submitSearch=Find

http://answers.yahoo.com/question/index?qid=20120203104709AAcYtmu

http://www.irs.gov/pub/irs-pdf/i1040x.pdf

Share this info with others and/or share your thoughts and more info you may have here.

Best!

Hi! I read your post and I find it very interesting! Here's my situation. I'm a student on F-1 visa and for two consecutive years I filed through turbotax which generated a form 1040A. The first year(2011) I received 238 dollars( I only worked for 2 months so my income was only about 2000 dollars - so I know that even if I filed 1040NR I would have gotten the same money back). The second year(2012), I received 1030 dollars by filing again 1040A. Just recently I found out that I was supposed to file 1040NR so for the year of 2013 I filled out form 1040NR and when it asked if I filed taxes the previous year I wrote yes and added 1040A as requested. I am now applying for I-485 for winning the DV lottery visa so I will hopefully receive my GC soon. Before reading this post, however, I was going to amend taxes for the years of 2011 and 2012 through 1040X and return 900 dollars I was not entitled to( after filling out 1040NR for 2012, I was only entitled to 100 dollars). Should I still do this?
Also, for those the years of 2011 and 2012, my employer mistakenly withheld my social security and medicare taxes for a total of 3000 dollars that were not supposed to be withheld being on F-1 status. I was therefore going to request the money back from the IRS (the employer is unable to do that).

What should I do?
 
Hi! I read your post and I find it very interesting! Here's my situation. I'm a student on F-1 visa and ........

You are not supposed to file 1040 A /EZ etc as an F1 for 5 tax yrs. You do not get that benefit retroactively even if you get a GC and valid SS now ( I think, but dbl chk). My post clearly said it is applied ONLY if you 'legally' filed 1040A as a resident in the past.

Were your employment outside of the campus? and legal? (CPT or OPT, work study etc.) I hope it is.

Seems you need a good tax professional advise to amend the mistakes. Quick Google gave me this......http://forum.visataxes.com/fix-erro...iling-1040-instead-1040nrez-past-3-years.html

If you get good info online you could do the amends yourself, I m sure, but not sure how you can recoup from the SS tax error, again it is for a tax pro. I am of little help.

Best!
 
Last edited by a moderator:
You are not supposed to file 1040 A /EZ etc as an F1 for 5 tax yrs. You do not get that benefit retroactively even if you get a GC and valid SS now ( I think, but dbl chk). My post clearly said it is applied ONLY if you 'legally' filed 1040A as a resident in the past.

Were your employment outside of the campus? and legal? (CPT or OPT, work study etc.) I hope it is.

Seems you need a good tax professional advise to amend the mistakes. Quick Google gave me this......http://forum.visataxes.com/fix-erro...iling-1040-instead-1040nrez-past-3-years.html

If you get good info online you could do the amends yourself, I m sure, but not sure how you can recoup from the SS tax error, again it is for a tax pro. I am of little help.

Best!

Sorry I missed that part! Thank you. I'm about to file the amendements and return what was due.
 
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