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Level 2

what if I get tax refund before I submit my amendment for China-US tax treaty

I realized that I didn't include my China-US tax treaty in my tax file and I've efiled out my tax return for both federal and state. I have a few questions and concerns about this.

1. Now, I am waiting for my wife's 1042s, which usually come in late February. So, I am worrying that my tax refund will actually arrive before I even can amend our tax filling. Is there any suggestion? 

2. In the amendment, is that still ok to include more income deduction such as sales tax? I didn't know before that sales tax can use for my deduction. Note all these sales taxes are all personal not business.  

3. I remember I saw somewhere that if people claimed the tax treaty for the tax withholds purpose, which prior to the return. Because usually this claim will automatically ignore the tax withhold for the first $5000 income, which means people don't need to claim during tax return. Then, the 1042s no longer needed to include the tax filling. Is that true? 

4. This question is related to question 3. My wife was a resident alien last year. She received scholarships from the school. So, I guess she will still receive a 1042s anyway. So, do we need to include the 1042s in the amendment? 

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Accepted Solutions
Level 11
Level 11

what if I get tax refund before I submit my amendment for China-US tax treaty

@cyf203 , 

(a) once you have e-filed, your return was accepted for processing-- you  SHOULD NOT file an amended return till the processing of the original return has been  completed as signified by issuance of the refund ( if you are in  refund position -- otherwise wait at least  three weeks from acceptance ).

(b) generally standard deduction is better for most people today ( itemized deduction  does allow sales tax in lieu  of  state withholding tax as  some states do not have  personal income tax )  but that should have been already included in your already files return

(c) Till you get the 1042-S from the withholding  agent / payor, you cannot tell  how they are treating the US-China tax treaty exclusion of the first $5000 from US taxes -- so strongly suggest that you wait till you receive  the 1042-S before filing an amended return.

(d) if your wife was a resident alien for tax purposes ( i.e. had to file form 1040 ), she should still be  in the same status.

(e)  When  did you enter the country and on what visa;  what about your wife;  are you both from China; what are the visa type of you and your wife?

 

I just want to make sure that you are filing right type of return.  Please respond 

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3 Replies
Level 11
Level 11

what if I get tax refund before I submit my amendment for China-US tax treaty

@cyf203 , 

(a) once you have e-filed, your return was accepted for processing-- you  SHOULD NOT file an amended return till the processing of the original return has been  completed as signified by issuance of the refund ( if you are in  refund position -- otherwise wait at least  three weeks from acceptance ).

(b) generally standard deduction is better for most people today ( itemized deduction  does allow sales tax in lieu  of  state withholding tax as  some states do not have  personal income tax )  but that should have been already included in your already files return

(c) Till you get the 1042-S from the withholding  agent / payor, you cannot tell  how they are treating the US-China tax treaty exclusion of the first $5000 from US taxes -- so strongly suggest that you wait till you receive  the 1042-S before filing an amended return.

(d) if your wife was a resident alien for tax purposes ( i.e. had to file form 1040 ), she should still be  in the same status.

(e)  When  did you enter the country and on what visa;  what about your wife;  are you both from China; what are the visa type of you and your wife?

 

I just want to make sure that you are filing right type of return.  Please respond 

View solution in original post

Level 2

what if I get tax refund before I submit my amendment for China-US tax treaty

@pk Hi, Thank you so much for your answers. I enter the country in 2013 and my wife was 2014. We both on F1 and we both from China. So, both of us are still eligible for the $5000 treaty. And I believe both of us are a resident alien. 

We are currently waiting for my wife's 1042-s. For some reason, she still not get it yet. We are trying to reach out to the university to see if she will have one. Or will she have one regardless of the treaty? This is also the part that I am confusing.

Lastly, if my understanding is right. You suggest me to hold our amendment for the treaty and submit our amendment after the current process has been done. Is that right? I just want to make sure I am following your suggestion.

 

Thank you so much! 

Level 11
Level 11

what if I get tax refund before I submit my amendment for China-US tax treaty

@cyf203 , YES -- wait till you have all the papers on hand -- that way there will be less confusion and/or need to file another amended return.  

Good Luck

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