Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
deidramata
New Member

My husband just became a us resident ..they told us when he became legal they would refund us our taxes for the past 3 years is that possible?

 
1 Best answer

Accepted Solutions
Opus 17
Level 15

My husband just became a us resident ..they told us when he became legal they would refund us our taxes for the past 3 years is that possible?

No.

There are certain tax benefits that a person is eligible for when they are a citizen or permanent resident (green card holder) that are more generous than they are eligible for when they are a non-resident alien or resident alien.  In the past it was possible to amend a return to retroactively claim those benefits.

However, due to a law passed a couple of years ago, that is no longer allowed.  He only qualifies as a citizen on any tax return that is filed after the awarding of citizenship, and only if the return is "timely filed."  That means that if you have not filed a 2016 tax return yet and you have an approved extension, you could file the 2016 return with him as a citizen. But you can't amend earlier years.  And if you already filed your 2016 return, you can't amend it either.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

View solution in original post

3 Replies
SweetieJean
Level 15

My husband just became a us resident ..they told us when he became legal they would refund us our taxes for the past 3 years is that possible?

Who are "they?"
deidramata
New Member

My husband just became a us resident ..they told us when he became legal they would refund us our taxes for the past 3 years is that possible?

My accountant that filled our previous taxes. But he no longer does taxes ..
Opus 17
Level 15

My husband just became a us resident ..they told us when he became legal they would refund us our taxes for the past 3 years is that possible?

No.

There are certain tax benefits that a person is eligible for when they are a citizen or permanent resident (green card holder) that are more generous than they are eligible for when they are a non-resident alien or resident alien.  In the past it was possible to amend a return to retroactively claim those benefits.

However, due to a law passed a couple of years ago, that is no longer allowed.  He only qualifies as a citizen on any tax return that is filed after the awarding of citizenship, and only if the return is "timely filed."  That means that if you have not filed a 2016 tax return yet and you have an approved extension, you could file the 2016 return with him as a citizen. But you can't amend earlier years.  And if you already filed your 2016 return, you can't amend it either.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
Dynamic AdsDynamic Ads
Privacy Settings
v