Do You Need To Amend A Previously Filed Return?

Did You get your "FULL REFUND" from both Federal and State Income Taxes that was withheld from your paycheck?

Please Take Note: If you are a J-1 TEACHER Anyone filing your tax return using a Form 1040 and Form 8833 will most likely result in not properly reporting to your State taxation board that you are tax exempt under an income tax treaty. 

The result may be that you do not receive a full refund for both your Federal and State taxes you paid in which is shown on your payroll withholdings (tax deductions). 

You are due a full Federal and State income tax refund while tax exempt under treaty. Remember your income tax exempt treaty is for 24 months from 1st date of entry into the USA, and is not solely based on a per calendar year basis as some may try to have you believe.

PROPERLY FILING YOUR J-1 TAX RETURN

For purpose of properly filing your tax return we will use the Form 1040NR and additional supporting Forms and Schedules as required by the IRS and as stated from the IRS website shown on the referenced IRS website link... https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens

J-1 aliens who are nonresident aliens on the last day of the taxable year generally must report their U.S.-source fixed, determinable, annual, or periodical (FDAP) income (e.g., compensation earned from working in the United States) and income effectively connected with a U.S. trade or business (ECI) on Form 1040-NR, U.S. Nonresident Alien Income Tax Return. For details on these rules, refer to Taxation of Nonresident Aliens. 

If claiming treaty benefits, J-1 aliens must report both the income and the treaty benefit on Form 1040-NR, with proper Schedule OI to show what income is exempt from U.S. tax due to your income tax treaty along with Form 8833 (if required). 

For more details, Please refer to IRS.GOV Claiming Tax Treaty Benefits.

These Forms will properly declare your income tax treaty, the amount of the 24 months allowed on treaty that you have used and the amount of income that is tax exempt for that tax year. This time frame may span over 3 tax calendar years for tax purposes (all depending on your 1st date of entry into the United States).

NOTE: If you were a nonresident alien student, teacher, or trainee who was temporarily present in the United States on an "F,""J,""M," or "Q" visa, you are considered engaged in a trade or business in the United States. You must file Form 1040-NR, U.S. Nonresident Alien Income Tax Return only if you have income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Refer to Foreign Students and Scholars for more information.

Amendments: Claiming the "Additional Refund" that is due to you

If claiming treaty benefits, J-1 aliens must report both the income and the treaty benefit on Form 1040-NR, with Form 8833 (if required). Please refer to Claiming Tax Treaty Benefits. 

As a J1 TEACHER, If you have not received a full refund from the Federal Income Tax and/or State Income Tax that was withheld from your paychecks, and it was during the first 24 months from date of entry into the United States (when you were under the tax exempt treaty) you are most likely due (owed) an additional tax refund.

To claim and request the full amount to be refunded to you, it will require that you file an amended tax return for those time periods.

Beginning APRIL 21st and Through Until MAY 30th 2025, We Will Dedicate Some Time For Focusing On Doing Amendments. 

We Will Only Do Amendments For Tax Year's 2024, 2023, 2022, and 2021. 

Keep in mind, that going back to like year 2022 or older often has many tax credits that can no longer be claimed. 

IRS Tax Code is written to say  going that far back for example to claim "Child Tax Credits For EIC" (Earned Income Credit), will no longer be given because it should have been claimed sooner.

We do realize that several clients have requested Amendments and mixed that information and request in with their current years tax filing information. We need to have that information separated from the tax year 2025 Main Client Portal.  

Unfortunately we have no way to simply sort who has mentioned wanting to amend a prior year. So we need Clients to upload what specific tax year return they want to amend along with all the supporting documentation needed.

There are many who did not get full refunds in prior years and were qualified for the income tax exemption treaty.

If you are one who filed with a tax preparer who did not properly file the right Tax Form or submit the right schedules;  you should get the Amended Return filed soon.

If you want us to do an Amended for you, please get your prior tax return files and supporting paperwork uploaded sooner than later.

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