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Green Card Holder - First Time filing Taxes

Hi taxes experts. I need help with my previous taxeas. I became a permanent resident and got my greencard  on December, 15 2014. At that time I didn't meet the substantial presence test. In 2015 I filed my 2014 taxes 1040-NR because I only lived 15 days in the US during 2014. However I'm not sure if what I did was all right. Should I have filed 1040 instead or dual citizenship for that year, can I still amend those taxes?

 

Thank you so much for your advice!

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1 Best answer

Accepted Solutions
rjs
Level 15
Level 15

Green Card Holder - First Time filing Taxes

You actually can file an amended return for 2014. If the amended return shows a refund you will not get the refund, because it's past the deadline. But if it shows additional tax due, you have to pay the tax.


Amending to change from Form 1040NR to Form 1040 is a bit complicated. The instructions for Form 1040X tell you what you have to do. (Form 1040X is an amended return.) If you were dual-status in 2014, which seems to be the case, it's considerably more complicated, and you should probably get professional help.


The question is whether it's necessary or advisable to amend your 2014 tax return because you are applying for citizenship. That's an immigration question, not a tax question. I can't advise you about that. You should consult someone who is familiar with the rules and procedures for naturalization, perhaps an immigration lawyer. My impression, from looking at the naturalization information on the USCIS web site, is that they probably are not going to look at your 2014 tax return, so amending it might be a waste of time. On the other hand, your answer to question 8 in Part 12 of Form N-400 should technically be Yes, which would require you to provide an explanation. But I'm not knowledgeable about these matters. I have no idea why they ask that question or what they do with the information. That's why I think you should consult an immigration expert.


If you do file an amended return for 2014, keep in mind that it typically takes the IRS 16 weeks to process an amended return. Yours might even take a bit longer, since it's an unusual and complicated situation.

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4 Replies
rjs
Level 15
Level 15

Green Card Holder - First Time filing Taxes

You should have filed Form 1040, not Form 1040NR, for 2014. You are a resident alien if you meet either the substantial presence test or the green card test. Once you got your green card you became a resident alien, because you met the green card test, even if you didn't meet the substantial presence test. Even if you were not a resident alien before you got the green card, you should have filed Form 1040 as a dual-status alien for that year.


However, it's too late to file an amended return for 2014. (The deadline was April 15, 2018.) If you haven't gotten any notices from the IRS about your 2014 tax return, I think you should just forget about it at this point. Don't do anything, and don't worry about it.

Green Card Holder - First Time filing Taxes

Hey RJS, thank you so much for your help! So there's no way to fix/amend or present new taxes for 2014, right? I'm trying to complete form N 400 to become an US citizen and I'd like to have everything as straight as possible.

 

 

rjs
Level 15
Level 15

Green Card Holder - First Time filing Taxes

You actually can file an amended return for 2014. If the amended return shows a refund you will not get the refund, because it's past the deadline. But if it shows additional tax due, you have to pay the tax.


Amending to change from Form 1040NR to Form 1040 is a bit complicated. The instructions for Form 1040X tell you what you have to do. (Form 1040X is an amended return.) If you were dual-status in 2014, which seems to be the case, it's considerably more complicated, and you should probably get professional help.


The question is whether it's necessary or advisable to amend your 2014 tax return because you are applying for citizenship. That's an immigration question, not a tax question. I can't advise you about that. You should consult someone who is familiar with the rules and procedures for naturalization, perhaps an immigration lawyer. My impression, from looking at the naturalization information on the USCIS web site, is that they probably are not going to look at your 2014 tax return, so amending it might be a waste of time. On the other hand, your answer to question 8 in Part 12 of Form N-400 should technically be Yes, which would require you to provide an explanation. But I'm not knowledgeable about these matters. I have no idea why they ask that question or what they do with the information. That's why I think you should consult an immigration expert.


If you do file an amended return for 2014, keep in mind that it typically takes the IRS 16 weeks to process an amended return. Yours might even take a bit longer, since it's an unusual and complicated situation.

Green Card Holder - First Time filing Taxes

Thank you so so much for your advice!!!😊

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