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dtana2021
Level 2

Taxes change

Hi , as a J1 I completed my taxes , and I applied for an credit. How I can change this situation, I don’t want to get this credit  , just my taxes. I received just my Statal taxes , not federal yet. The credit is applied to federal taxes. 
can I find an expert to help me , or that I should do.? 
thanks in advance for answer.

5 Replies
tagteam
Level 15

Taxes change

@pk?

pk
Level 13
Level 13

Taxes change

 
pk
Level 13
Level 13

Taxes change

@dtana2021 , please before we can help , we need to understand  your situation.  Therefore  please can you answer the following questions:

1. which country are you from?

2. When did you enter the USA a J 1 (?) person?   You are J-1 what -- a student/trainee, a researcher/ teacher/ prof or ? ?  Was this your first entry into the USA? If you were her earlier , then when to when and  with what visa?

3. Is this your first year filing US taxes?

4. What type of credit are you talking about?

Generally, once your return has been accepted for processing by the IRS ( I note that you have already received your refund from the state , generally implying that the IRS had accepted your return),  there is not much you can do but wait till you hear from them.  If they find an error , they will contact you and then  follow their advice.  If you do get your refund and IRS has not challenged your "credit" then you can always  return the credit to them  with a note explaining why you think you should not be eligible for the credit.

 

Please answer my questions  and I will come back and help as soon as possible 

pk

dtana2021
Level 2

Taxes change

1 Romania 

2   23 July 2021 student 

this was my first entry in the USA 

3 yes 

4 it’s is a refundable credit , stimulus or something that shows on Turbotax ( I always received emails from Kredit karma ) 

thanks a lot 

pk
Level 13
Level 13

Taxes change

@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

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