Stimulus payment not approved

[powerpuff 5,884]

Hello folks,

 

After checking the online status of our refund, I can clearly see that they are not approving the stimulus payment for me. I know what the problem is: the tax accountant my husband uses did not submit a statement signed by us asking to treat me  a resident for tax purposes, despite me stating that it has to be included (he dismissed my concerns). So what could be done now?  I have never dealt with taxes, let alone issues like these so I really appreciate any advice 

 

To add: I received my GC 2 weeks ago, after submitting the tax return. Also we filed MFJ

Edited March 14, 2022 by powerpuff

[Crazy Cat 39,191]

If you filed a joint return, aren't you automatically considered a full-year resident for tax purposes.  If you are not a full year tax resident (as opposed to a dual status alien), you cannot file a joint return.

 

 

Edited March 14, 2022 by Crazy Cat

[powerpuff 5,884]

7 minutes ago, Crazy Cat said:

If you filed a joint return, aren't you automatically considered a full-year resident for tax purposes.

Apparently not. According to @Wuozopo post on the thread below the statements have to have been included:

 

[Crazy Cat 39,191]

14 minutes ago, powerpuff said:

Apparently not. According to @Wuozopo post on the thread below the statements have to have been included:

 

Well, filing a joint return is not available to you if you are not a full year resident for tax purposes.  I'd say filing a joint return shows that you have elected to be considered a resident for tax purposes.  Just my opinion. 

I don't understand why the election is even required if a person files a joint return.

Edited March 14, 2022 by Crazy Cat

[powerpuff 5,884]

7 minutes ago, Crazy Cat said:

don't understand why the election is even required if a person files a joint return.

No idea but what else could explain IRS refunding everything except the stimulus payment 

[Crazy Cat 39,191]

9 minutes ago, powerpuff said:

No idea but what else could explain IRS refunding everything except the stimulus payment 

Are you sure the accountant filled in that section of the 1040 correctly?

[powerpuff 5,884]

11 minutes ago, Crazy Cat said:

Are you sure the accountant filled in that section of the 1040 correctly?

Yes, I checked, everything is in order. So odd. I'll have my husband call him today to ask what the issue could be (if it's what I'm suspecting). 

[Wuozopo 4,285]

1 hour ago, powerpuff said:

. I know what the problem is: the tax accountant my husband uses did not submit a statement signed by us asking to treat me  a resident for tax purposes, despite me stating that it has to be included (he dismissed my concerns). So what could be done now?

I doubt that is the reason. And entering the US in June 2021, you have enough days present to be a resident alien without a statement.

 

 You’ve got to analyze your return. Did you file with a SSN? Look at the 1040. Does Line 30 have an amount of $1400 on it. See if you have a worksheet for Line 30 working through the qualifications.  I can’t speculate without seeing the whole return. You paid an accountant so question him. 
 

 

1 hour ago, Crazy Cat said:

If you filed a joint return, aren't you automatically considered a full-year resident for tax purposes.  If you are not a full year tax resident (as opposed to a dual status alien), you cannot file a joint return.

 

Before filing, an alien has to determine if they are resident alien or nonresident alien. The tax rates and form are different. So one who would not qualify as RA who married a USC is allowed a perk….choose to be a RA by both signing a statement.  The IRS instructions mention it as the way to document the choice or don’t file as a RA or jointly. So yes I agree a statement is required when the alien does not meet the tests to be considered a resident alien on their own.

 

[Crazy Cat 39,191]

4 minutes ago, Wuozopo said:

I doubt that is the reason. And entering the US in June 2021, you have enough days present to be a resident alien without a statement.

 

 You’ve got to analyze your return. Did you file with a SSN? Look at the 1040. Does Line 30 have an amount of $1400 on it. See if you have a worksheet for Line 30 working through the qualifications.  I can’t speculate without seeing the whole return. You paid an accountant so question him. 

Agree.  I had to closely look at that section closely on our returns, too, before our CPA submitted it.  

[powerpuff 5,884]

19 minutes ago, Wuozopo said:

You’ve got to analyze your return. Did you file with a SSN? Look at the 1040. Does Line 30 have an amount of $1400 on it. See if you have a worksheet for Line 30 working through the qualifications.  I can’t speculate without seeing the whole return. You paid an accountant so question him. 

Yes, line 30 has that amount; I have an ssn from my old student days.  I will definitely ask him, thank you for the advice. I'm just wondering, if there was an error/mistake on our part, is it possible to make amendments and apply for the stimulus payment again? Or is it sort of like you get one try with your tax return sort of thing?   Sorry if it's a silly question. i just have no idea how this works 

Edited March 14, 2022 by powerpuff

[Crazy Cat 39,191]

I think you can amend with a 1040X if you need to.  The tax refund should be adjusted based on a corrected 1040. 

[JeanneAdil 6,190]

The “Substantial Presence” Test

You can qualify for a stimulus check without a green card if you pass the “substantial presence” test. To pass this test, you must have spent at least 31 days in the United States during 2020 alone, and 183 days during the 3-year period that includes 2018, 2019 and 2020.

To calculate the number of days for which you qualify to reach the benchmark of 183, however, you may count only:

• All of the days you were present in the US in 2020;
• One-third of the days you were present in the US during 2019; and,
• One-sixth of the days you were present in the US during 2018.

[powerpuff 5,884]

8 minutes ago, JeanneAdil said:

The “Substantial Presence” Test

You can qualify for a stimulus check without a green card if you pass the “substantial presence” test. To pass this test, you must have spent at least 31 days in the United States during 2020 alone, and 183 days during the 3-year period that includes 2018, 2019 and 2020.

To calculate the number of days for which you qualify to reach the benchmark of 183, however, you may count only:

• All of the days you were present in the US in 2020;
• One-third of the days you were present in the US during 2019; and,
• One-sixth of the days you were present in the US during 2018.

I’m aware of this. It’s on IRS and concerns filing taxes in general, not just a stimulus check. As a spouse of a US citizen, I can choose to be elected as a resident for tax purposes without meeting the substantial present test. Plenty of people who arrived and married in 2021 received their stimulus checks because of that.

[Wuozopo 4,285]

40 minutes ago, powerpuff said:

Yes, line 30 has that amount; I have an ssn from my old student days.  I will definitely ask him, thank you for the advice. I'm just wondering, if there was an error/mistake on our part, is it possible to make amendments and apply for the stimulus payment again? Or is it sort of like you get one try with your tax return sort of thing?   Sorry if it's a silly question. i just have no idea how this works 

I would say any amending questions would have to be answered by your accountant and if he feels there is an error in his original figures.. If you aren’t going to change anything from what you already filed, then what is the amendment? 

Sometimes it’s an IRS error and they have to run it back through. My wife argued her way through such an instance once.  It was her in-laws return and the IRS has sent a letter explaining they owed more money. It included figures and calculations and what they owed. She noticed their data had an extra digit (data entry error by IRS). That extra 1 made a $10,000 difference in the figures.  The rep on the phone refused to acknowledge or even listen to what the wife was saying. After 30 minutes with him she insisted on a supervisor. The supervisor came on and in one minute saw the $10k error in their figures. She said I will send this to process again. Ignore the request for payment. So bottom line is I know for sure the IRS will rework a return if the error is on their part. If you don’t understand taxes, then don’t try to argue yourself. That’s the accountant’s job.
 

I wonder if the SSN could have been the snag. If it’s from student days and has been inactive, maybe it didn’t fly with the IRS. Maybe your SSN student name is not the same name you used on the 2021 return. No proper SSN, no stimulus. However it seems like they accepted it for the purpose of filing. Go to SSA with your greencard and get your Social Security record updated…new name, new immigration status, whatever.

[powerpuff 5,884]

1 minute ago, Wuozopo said:

After 30 minutes with him she insisted on a supervisor. The supervisor came on and in one minute saw the $10k error in their figures.

That is a lot of money. Glad it was settled 

 

2 minutes ago, Wuozopo said:

If you don’t understand taxes, then don’t try to argue yourself. That’s the accountant’s job.

Totally agree. In addition to having to be an immigration student, I guess it’s time for me to become a tax student
 

3 minutes ago, Wuozopo said:

wonder if the SSN could have been the snag. If it’s from student days and has been inactive, maybe it didn’t fly with the IRS. Maybe your SSN student name is not the same name you used on the 2021 return. No proper SSN, no stimulus. However it seems like they accepted it for the purpose of filing. Go to SSA with your greencard and get your Social Security record updated…new name, new immigration status, whatever.

I have been thinking about this since I posted and I think that this might be an issue. If I update everything with SSN, can I reapply for stimulus? Would it be with 1040x mentioned by Crazy Cat?