COVID Relief Package - Help Please With What We Can Claim For? (2020 entry)

[Nitas_man 3,100]

Just now, HRQX said:

Not for 2020 tax year. OP entered the US on July 14 so doesn't meet physical presence test for that year. OP's I-485 was not approved until 2021 so also didn't meet green card test for 2020. Thus why OP is a nonresident spouse electing to be treated as a resident for 2020: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

pfft missed AOS.  CR/IR is so much simpler LOL

 

Same return, filed by mail, with a declaration letter then would suffice.

 

 

[HRQX 4,145]

30 minutes ago, HRQX said:

physical presence test for that year.

@Cilllah, just to get an exact calculation for that test did you visit the US with ESTA (or B-2 visa) in 2018, 2019, and/or 2020? If so, how many days for each year?

 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test 2020 is the "current year" for that tax year

To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Edited March 15, 2021 by HRQX

[Cilllah 470]

1 hour ago, HRQX said:

@Cilllah, just to get an exact calculation for that test did you visit the US with ESTA (or B-2 visa) in 2018, 2019, and/or 2020? If so, how many days for each year?

 

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test 2020 is the "current year" for that tax year

To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Husband and I alternated years so I did 2019 and my daughter and I were here for 38 days that year.

1 hour ago, Nitas_man said:

pfft missed AOS.  CR/IR is so much simpler LOL

 

Same return, filed by mail, with a declaration letter then would suffice.

 

 

So I can still do Turbo Tax and add the letter even though I know I am non-resident?

[HRQX 4,145]

55 minutes ago, Cilllah said:

I am non-resident?

Per the final calculation it looks like both you and your daughter are resident aliens for tax purposes in 2020: 171 days in 2020 + 1/3 (38 days in 2019) + 1/6 (0 days in 2018) = 183.6666 days

 

Thus that is at least 183 days. Your POE day (July 14) counts as a full day: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Days of Presence in the United States

You are treated as present in the U.S. on any day you are physically present in the country, at any time during the day. However, there are exceptions to this rule. Do not count the following as days of presence in the U.S. for the substantial presence test:

• Days you commute to work in the U.S. from a residence in Canada or Mexico, if you regularly commute from Canada or Mexico.
• Days you are in the U.S. for less than 24 hours, when you are in transit between two places outside the United States.
• Days you are in the U.S. as a crew member of a foreign vessel.
• Days you are unable to leave the U.S. because of a medical condition that develops while you are in the United States.
• Days you are an exempt individual (see below).

[Cilllah 470]

11 hours ago, HRQX said:

Per the final calculation it looks like both you and your daughter are resident aliens for tax purposes in 2020: 171 days in 2020 + 1/3 (38 days in 2019) + 1/6 (0 days in 2018) = 183.6666 days

 

Thus that is at least 183 days. Your POE day (July 14) counts as a full day: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Days of Presence in the United States

You are treated as present in the U.S. on any day you are physically present in the country, at any time during the day. However, there are exceptions to this rule. Do not count the following as days of presence in the U.S. for the substantial presence test:

• Days you commute to work in the U.S. from a residence in Canada or Mexico, if you regularly commute from Canada or Mexico.
• Days you are in the U.S. for less than 24 hours, when you are in transit between two places outside the United States.
• Days you are in the U.S. as a crew member of a foreign vessel.
• Days you are unable to leave the U.S. because of a medical condition that develops while you are in the United States.
• Days you are an exempt individual (see below).

Oh wow. We JUST make the cut off then. Is this something I have to prove or will they know? Do I have to write a letter for my daughter and I?
Can we just use TurboTax then and claim the stimulus for myself, daughter and the new child benefit?
Sorry for all of the questions!!

[Wuozopo 4,285]

51 minutes ago, Cilllah said:

Oh wow. We JUST make the cut off then. Is this something I have to prove or will they know? Do I have to write a letter for my daughter and I?

A lot of the iRS is trusting you to be honest. They don’t have access to your DHS records. No proofs, no letter needed. Use TurboTax. Even if you didn’t qualify and carried on as if you did, it is unlikely that the IRS would question it. They could create an audit but that doesn’t happen often.

Edited March 16, 2021 by Wuozopo

[Nitas_man 3,100]

On 3/15/2021 at 8:19 PM, Cilllah said:

Husband and I alternated years so I did 2019 and my daughter and I were here for 38 days that year.

So I can still do Turbo Tax and add the letter even though I know I am non-resident?

I filed MFJ our first year with a letter and combined worldwide income and my wife had never stepped foot on US soil.  She was non-resident treated as resident for that tax year, and her overseas income was excluded anyway. 
I have no idea how they treat the stimulus.  Either you qualify or not.