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ludark_6
New Member

I selected by mistake the earned income tax credit(EITC) but I didn't know it was only for USA citizens or resident .. I need to amend that

 
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4 Replies

I selected by mistake the earned income tax credit(EITC) but I didn't know it was only for USA citizens or resident .. I need to amend that

What do you mean by "selected" EIC?   If you are eligible to get earned income credit it is added automatically to your Form 1040.   You are saying that you are not a citizen or resident---which suggests that you should not even be using TurboTax.   If you are a non-resident alien, your return should have been prepared on a Form1040NR, which can only be done by using TT's partner, sprintax.

 

 

NON RESIDENT ALIEN  

If you are a non-resident alien, your return must be filed on Form 1040NR, which cannot be prepared using TurboTax.  You can use TT’s partner, sprintax:

https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html

IRS —HOW TO DETERMINE RESIDENCY STATUS FOR TAX

https://www.irs.gov/individuals/international-taxpayers/determining-an-individuals-tax-residency-sta...

 

 

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
ludark_6
New Member

I selected by mistake the earned income tax credit(EITC) but I didn't know it was only for USA citizens or resident .. I need to amend that

I didn't know that and they accepted my return 😕 what a big mistake I don't know how to amend that .. I didn't know there were 2 diff 1040 and 1040rn

I selected by mistake the earned income tax credit(EITC) but I didn't know it was only for USA citizens or resident .. I need to amend that

We  need help from another Champ who is excellent with advice for such situations.  

 

 @pk    What should this user do to amend and get over to sprintax?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
pk
Level 15
Level 15

I selected by mistake the earned income tax credit(EITC) but I didn't know it was only for USA citizens or resident .. I need to amend that

@ludark_6 , having gone through this thread and agreeing with my colleague @xmasbaby0  response, I think we need to first get the basics  --  so please can you help by answering the following questions :

(a) When did you enter the country and with which visa ?

(b) From your post it sounds like you have a family here  -- is your spouse a US person ( citizen/GreenCard/ Resident for Tax purposes) ?  How about any children and/or dependents ( citizen/GreenCard or NRA )?

(c) Which country are you from ?  If your spouse is not a US citizen, which country is he/she from ?

d) Is 2025 your first year of US filing ?

The above answers will let us make sure that you are indeed an NRA for  tax purposes and if there are any tax treaty considerations.

Or are you saying that  the issue here is that the qualifying dependent for EITC is not  US citizen ?

Generally speaking , if the IRS has accepted ( for processing ) a return filed on  1040 when it should have been on form 1040-NR,  I would wait for it to be processed  before taking any further action.   

If it turns out that indeed  you needed to file a form 1040-NR, then  you will have to file a 1040-NR ( covering ONLY US sourced/connected income ), attach an explanation as to the error in using the wrong form, attach the form 1040 ( the one that was processed ) and send everything by mail.  Note also that  on 1040-NR, there is  "Single " or "Married"  status only -- essentially single  for tax purposes.

I will circle back once I hear from you --yes ?

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