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Ayrton

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About Ayrton

  • Rank
    Platinum Member
  • Birthday 10/25/1994
  • Member # 296898
  • Location New York City, NY, USA

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  • Gender
    Male
  • City
    New York
  • State
    New York

Immigration Info

  • Immigration Status
    Adjustment of Status (approved)
  • Place benefits filed at
    National Benefits Center
  • Local Office
    New York City NY
  • Country
    Brazil

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  1. Tax treaty not required to exclude foreign earned income.
  2. How many more times do we need to tell you that a tax treaty (nor a GC like you mentioned earlier) is required to exclude foreign earned income when physical presence test is met? OP. Ignore the answers from JeanneAdil. They keep posting misinformation about Foreign Earned Income requirements in this forum. If you want to file jointly, the foreign earned income must be reported, but will be excluded with form 2555. Just remember that foreign income will increase the Total Income on the return, so you might not be eligible for some credits that are income dependent, even if part of this income is being excluded. You will have to run all the calculations and see what's better for you.
  3. Most likely yes if his income was the only one in the household. He used married standard deduction for the taxes, which will now be halved when filing separately. Some credits are also not allowed for MFS. At the end of the day, you will both have to calculate if the amount he has to send back/owe is smaller than 1400.
  4. Then we just found the issue. Unfortunately the worksheet for the EIP doesn't know which person received what. It only matters the number of people (spouses + dependents) In your husband's case, his household received 2800 as an advance (2 people). This year, when filing taxes, his household is still 2 people (you replaced his younger brother on the EIP worksheet calculation). He's eligible for 2800 from the 1040, but he already received 2800, so the worksheet zeros out. Your CPA wasn't aware of how the worksheet works. Line 30 on the return should've said 0, not 1400. Unfortunately the only way for you to receive the stimulus is if you both amend to filing separately (only if you meet the resident alien requirements without the election). But that might result in your husband receiving a smaller refund/owing taxes.
  5. Did your spouse claim any dependents in 2020 that he's not claiming this year? Do you think it's possible that someone used your SSN last year to file a return and receive the stimulus? I would suggest: 1. Ask your spouse to login to their IRS account and check what number is under the EIP3. 2. You create an IRS account and check what's under the EIP3 and if there's any other return filed with your SSN
  6. From the instructions: "You must complete either Part II or Part III of Form 2555, but not both parts. Part II Bona Fide Residence Test To meet this test, you must be one of the following. ... A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country, or countries, for an uninterrupted period that includes an entire tax year (January 1–December 31, if you file a calendar year return). See Table 3 at IRS.gov/pub/irs-utl/ Tax_Treaty_Table%203.pdf for a list of countries with which the United States has an income tax treaty in effect. Part III Physical Presence Test To meet this test, you must be a U.S. citizen or resident alien who is physically present in a foreign country, or countries, for at least 330 full days during any period of 12 months in a row. A full day means the 24-hour period that starts at midnight. To figure 330 full days, add all separate periods you were present in a foreign country during the 12-month period shown on line 16. The 330 full days can be interrupted by periods when you are traveling over international waters or are otherwise not in a foreign country. See Pub. 54 for more information and examples. Note. A nonresident alien who, with a U.S. citizen or U.S. resident alien spouse, chooses to be taxed as a resident of the United States can qualify under this test if the time requirements are met. See Pub. 54 for details on how to make this choice. Line 16. The 12-month period on which the physical presence test is based must include 365 days, part of which must be in 2021. The dates may begin or end in a calendar year other than 2021." The requirement for a tax treaty is only on Part 2, not 3.
  7. No it doesn't. Please read the instructions of form 2555. A tax treaty is only needed if bona fide residence test is used. If physical presence is used, there's no requirement for tax treaty.
  8. You keep posting here in the forum that immigrants can't use form 2555 to exclude their foreign income because their home country doesn't have a tax treaty with the US. Your comment is wrong, you don't need to have a tax treaty. For 99% of the immigrants here, in their first year they meet the physical presence test and are eligible to use form 2555. Please, stop spreading misinformation.
  9. There's a new instruction for where to write NRA. It shouldn't be in the SSN box anymore. And like my previous post, if you have the ways of getting an ITIN for your spouse, you CAN exclude their income up to max allowed.
  10. Please, don't spread misinformation. OP's spouse lives abroad and meets the physical presence, as 99% of immigrants on their first year in the US, so if they want to file jointly, they can exclude the foreign income.
  11. A tax treaty is not required to exclude foreign income with 2555 if the immigrant meets the physical presence test. I successfully excluded my income from Brazil in 2019, even though there's no tax treaty between Brazil and US, because I met the physical presence test.
  12. You must enter exactly what the return says. If it says 0, it's 0. You might be asked for a joint sponsor though because the return numbers doesn't show "stable" work history in the US. Make sure you send as much proof as you can for current income and you might want to add an explanation that past returns show 0 because you were living abroad.
  13. It says to enter the total income line from the 1040 OR AGI if a 1040ez was filed.
  14. Yes. You should file jointly. But you must send a statement electing to treat her as a resident alien for the year of 2021.
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