I am a Resident Alien, and recently realized that I'm legible for the stimulus checks. I have already filed my 2020 tax, how do I request reimbursement?

[kuanjh123-gmail-]

I filed my 2020 tax through sprintax, but they told me they don't deal with stinulus

[rjs · Accepted solution]

Sprintax is for nonresident aliens, not resident aliens. A nonresident alien is not eligible for any stimulus payments. That's why Sprintax doesn't deal with it.

If you used Sprintax you filed Form 1040-NR, but as a resident alien you should have filed Form 1040. You will have to file an amended return, Form 1040-X, with the correct Form 1040 tax return attached. You can use TurboTax (not Sprintax) to prepare your Form 1040 tax return. When you prepare your Form 1040 tax return, you will be able to claim the Recovery Rebate Credit for the amount of the stimulus payments that you did not receive.

You cannot prepare the Form 1040-X with TurboTax, but you can easily complete it by hand. Download Form 1040-X and its instructions from the following links on the IRS web site.

Form 1040-X

Instructions for Form 1040-X

Here is what the IRS instructions for Form 1040-X say to do if you filed Form 1040-NR and you should have filed Form 1040 instead.

Use Form 1040-X if you should have filed Form 1040 instead of Form 1040-NR. To file the correct return, do the following:

• Enter your name, current address, and social security number (SSN) or individual taxpayer identification number (ITIN) on the front of Form 1040-X.
• Don't enter any other information on page 1. Also, don't complete Parts I or II on page 2 of Form 1040-X.
• Enter in Part III the reason why you are filing Form 1040-X.
• Complete a new Form 1040 return (see below).
• Across the top of the new return, write "Amended."
• Attach the new Form 1040 return to the back of Form 1040-X.

Your amended return cannot be e-filed. You have to print it and file it by mail. Be sure to sign both the Form 1040-X and the Form 1040. It normally takes the IRS up to 16 weeks to process an amended return. However, the IRS is currently severely backlogged, so it will take much longer than usual for your amended return to be processed.

Don't file the amended return until your original Form 1040-NR tax return has been accepted and you have received the original refund.

[kuanjh123-gmail-]

thanks so much for the help! and I'm assuming that I won't have to re-file my state taxes? 

[rjs]

Every state has different rules. You'll have to check the rules for your particular state.

State tax rules and instructions talk a lot about residents and nonresidents. But they're talking about whether or not you are a resident of the state, not whether you are a resident alien or nonresident alien of the United States. Don't get confused.

The state might not make any distinction between resident aliens and nonresident aliens. If that's the case, it would suggest that you don't have to change your state tax return. However, most state tax returns use figures from the federal tax return as a starting point. If your new Form 1040 federal tax return changes any of the numbers that feed into the state tax return, you might have to amend your state tax return.

[kuanjh123-gmail-]

gotcha thanks!