AOTC is incorrectly being applied for a non-resident alien friend that I am helping with her tax submittals. I did the research and she should not be receiving the credit, however TT is applying the credit. I have tried zeroing it out in the forms. I have also tried just deleting the form. Turbotax changes this back everytime I make the modification.
Your help is appreciated.
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If she is a non-resident alien with a student visa, then she should probably be filing Form 1040NR instead of Form 1040. She would not qualify to use the AOTC if she filed Form 1040NR.
She must help you decide if she qualifies as a resident alien (taxed on world-wide income reported) on the US return or a nonresident alien (taxed only on US sourced income on the US return due to having a "exempt" Visa not counting days of US physical presence).
If you're required to file a federal return for 2020, you can use Form 1040 (U.S. Individual Income Tax Return) if any of these are true:
Unlike the 1040, there's no minimum income threshold for filing a 1040-NR. In other words, nonresident aliens with US income, regardless of amount, are required to file a 1040-NR.
Please see the following link for additional information:
Should I file Form 1040NR or Form 1040
Also please refer to IRS Publication 519 for additional information:
Unfortunately, if you determine your friend needs to file Form 1040NR:
TurboTax cannot prepare Form 1040NR or 1040NR-EZ for non-resident aliens. TurboTax can only prepare returns for US citizens and "resident aliens for tax purposes."
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