How to claim the US-Hungary tax treaty on a J1 retrospectively?

[blue_violet]

I came to the USA in 2020 on J1 and unfortunately, I was misinformed and I did not know that I can claim my taxes back for 2 years. I would like to do it now in 2025. How should I do it?

[SabrinaD2]

To‌ possibly receive the US-Hungary tax treaty benefits backward for your J-1 visa, you will need to change the years you used to get the benefits. Here are the steps to change in TurboTax.

1. Collect your J-1 visa, tax returns for 2020 and 2021, and income statements (e.g., W-2, 1042-S).
2. Use the same TurboTax account you used to file your original return.
3. On the Tax Home screen, scroll down to "Your tax returns & documents" and select the year you want to amend.
4. Amend Return: Choose "Amend (change) return" and follow the prompts to amend using TurboTax Online or Desktop. For detailed instructions, visit TurboTax Support and How to Correct Federal Tax Returns.
5.  Attach a statement to your amended returns explaining your J-1 status and the treaty benefits you're claiming.
6. Submit Forms: Save and file your amended return. Mail the amended returns and documents to the IRS.

For more details, refer to:

• Taxation of Alien Individuals by Immigration Status – J-1
• Claiming Tax Treaty Benefits

[blue_violet]

Thank you! This is very helpful. 

Unfortunately, I had to use another software (Sprintax) for 2020 and 2021 because that was covered by my institution/workplace. Should I use that instead then for receiving the US-Hungary tax treaty benefits backward?

[DaveF1006]

Yes, you will need to contact Sprint Tax to amend your 2020-2021 returns to claim your US/Hungary treaty benefits.

@blue_violet 

[blue_violet]

Thank you!

Unfortunately, they informed me that I cannot get it back for the tax year 2020. It is too late (because it is more than 3 years). Is that right? I cannot believe that I missed this. I am very upset. 

[SusanY1]

It is true that you cannot claim a refund if it has been 3 years since the return was filed (or due), or 2 years since the tax was paid.