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Posted

Hi, I am hoping you can help answer some of these questions! First time filing taxes in the US and this is confusing!!

 

I entered the US as a resident alien in July 2020 (received SSN in August). My partner (citizen) and I (GC holder) want to file jointly. The first half of 2020, my partner and I both lived in the Netherlands. Based on this situation, I have a few questions:

 

1) I assume I need to fill out the regular forms? (i.e. not the non-resident alien form)

2) Do I need to establish my status as a permanent resident/immigrant status or my date of immigration on any of the forms?

3) What does this mean for claiming stimulus checks? Based on our 2020 income, we should have been eligible for the second payment, but never received it. We should also qualify for the third installment.

 

Thanks!!!

 

Filed: Citizen (pnd) Country: Brazil
Timeline
Posted (edited)
17 minutes ago, Pavli said:

Hi, I am hoping you can help answer some of these questions! First time filing taxes in the US and this is confusing!!

 

I entered the US as a resident alien in July 2020 (received SSN in August). My partner (citizen) and I (GC holder) want to file jointly. The first half of 2020, my partner and I both lived in the Netherlands. Based on this situation, I have a few questions:

 

1) I assume I need to fill out the regular forms? (i.e. not the non-resident alien form)

2) Do I need to establish my status as a permanent resident/immigrant status or my date of immigration on any of the forms?

3) What does this mean for claiming stimulus checks? Based on our 2020 income, we should have been eligible for the second payment, but never received it. We should also qualify for the third installment.

 

Thanks!!!

 

1. You guys file one 1040 and select married filing jointly.

 

In order to file jointly, you must be considered a resident alien for tax purposes for the whole year, since you were a Permanent Resident by the end of the year, you meet this requirement. Since you're filing jointly, all worldwide income must be reported. Including your income from back home if you had any.

 

2. Tax forms doesn't ask for immigration status. You must be a resident alien for tax purposes in order to file jointly, and being a Permanent resident in 2020 qualifies you for that (permanent resident and resident alien for tax purposes are two different things).

 

3. There's a line on the return where you add your tax credit based on the stimulus already received. Previous stimulus were based in 2019/2018 returns. So it all depends on how your spouse filed taxes for 2019/2018. I'm assuming you guys were already married back then, but since you didn't have a SSN at the time you wouldn't receive it, but your spouse would've received if he made less than 75k in 2019/2018. Right now, since you both have SSN, and according to you, the income was less than 150k, you both qualify for all 3 stimulus. You will discount what was already received, and get the rest a tax credit.

 

 

 

 

Edited by Ayrton
Posted
9 minutes ago, Ayrton said:

1. You guys file one 1040 and select married filing jointly.

 

In order to file jointly, you must be considered a resident alien for tax purposes for the whole year, since you were a Permanent Resident by the end of the year, you meet this requirement. Since you're filing jointly, all worldwide income must be reported. Including your income from back home if you had any.

 

2. Tax forms doesn't ask for immigration status. You must be a resident alien for tax purposes in order to file jointly, and being a Permanent resident in 2020 qualifies you for that (permanent resident and resident alien for tax purposes are two different things).

 

3. There's a line on the return where you add your tax credit based on the stimulus already received. Previous stimulus were based in 2019/2018 returns. So it all depends on how your spouse filed taxes for 2019/2018. I'm assuming you guys were already married back then, but since you didn't have a SSN at the time you wouldn't receive it, but your spouse would've received if he made less than 75k in 2019/2018. Right now, since you both have SSN, and according to you, the income was less than 150k, you both qualify for all 3 stimulus. You will discount what was already received, and get the rest a tax credit.

 

 

 

 

Thanks for the quick response!!

Posted

One more question! I stayed in NJ for the first month  but then moved to NY. I updated my address on the uscis portal in August, but only got a NY ID in October (never had a NJ ID, but I did get my social security number there).

 

Do you happen to know if I became a resident of NY in October or August for tax purposes?

 

Thanks!

 
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