pk
Level 15
Level 15

Get your taxes done using TurboTax

@dtana2021 , sorry for the delay in responding.

1. By my count the number of days  you were present  ( 24th July 2021 -- first full day after entry)  till the last day of the year 12/31/2021 , you did not pass the Substantial Presence Test ( 183  days  counting all days present in 2021 + 1/3rd. the days present in 2020 + 1/6th. days present in 2019 ) -- you had 161 days .  Thus you would have been a Non Resident Alien.  Therefore you should  have filed your return on form 1040-NR.  This is not supported by TurboTax 

2. As a remedy  you have two paths:

                              (a) Once the IRS send you your refund ( i.e. the processing is finished ), you can an amended federal return -- prepare a new federal return on form 1040-NR , ( you can do this by hand by downloading a 1040-NR from the IRS website , it is a fillable pdf) , then print , sign / date  , write across the top  "Replacing original form 1040", attach a copy of the original filed/ processed form 1040.   Attach a check to make the difference  between  old return and the new return  made out to the IRS.  Also include a note explaining  that you using the wrong form in error.

                             (b) If IRS send you the full refund, including the Economic stimulus ( the refundable credit ), then send them a  request, that you  would like to treated as a Resident for Tax purposes  for the year 2021 and   include   that :  1. ,You were not a resident in 2020; 2.  that you were present at least 31 days in 2021, that  you were present at least 75% of the days  in the test period  07/23/202 through 12/31/2021.  and 3. that you would meet the  SPT in 2022.   This would allow IRS to retroactively treat you as a resident for tax purposes for 2021 and therefore the credit disbursement would be valid / legal.   Note  that this  path #(b)  while logical , is called out by the IRS only concurrently with the filing and I would expect that they would allow a retrospective  / curative filing.

 

Does all this make sense ?

 

Is there more I can do for you ?

 

pk