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Might be worth checking if you qualify for the "First-Year Choice" election (sometimes called the "backdating rule"), which lets certain aliens who meet the substantial presence test in the year following their arrival treat themselves as US residents for part of the prior year.
Based on your situation, you definitely need to file as a dual-status alien. The green card test makes you a resident from March 12 forward, but it doesn't retroactively cover the beginning of the year. Even though you passed the substantial presence test for the period after getting your green card, that doesn't change your status for January 1 through March 11. For your filing, you'll submit Form 1040 as your main return covering March 12-December 31 (resident period), and attach Form 1040NR as a statement for January 1-March 11 (nonresident period). Write "Dual-Status Return" at the top of both forms. Since all your income is from university employment and you mention being exempt from Social Security/Medicare taxes, make sure your employer is withholding correctly for both periods. Your tax treaty benefits can still apply to the nonresident portion - just remember to file Form 8833 if you're claiming treaty benefits. The dual-status filing might seem complicated, but it ensures you're getting the correct tax treatment for each period of the year. Don't try to simplify by filing as a full-year resident - it could cost you money or create compliance issues.
This is really helpful, thank you! I'm new to this community and dealing with the same green card tax situation. One quick question - when you mention filing Form 8833 for treaty benefits, is that required even if I'm only claiming the standard deduction on the 1040NR portion? My tax treaty allows for the standard deduction but I'm not sure if that counts as a "treaty benefit" that needs to be reported separately. Also, do I need to calculate the income allocation between the two periods based on exact dates, or can I use a reasonable method like monthly proration?
When you submit the late return, make sure to check if you qualify for any pandemic relief that was specific to 2020 - like the Recovery Rebate Credit if you didn't get the full stimulus payment. A lot of people forget about that when filing late 2020 returns. Also, if you're using tax software, be careful about which version you buy. Some companies charge extra for previous year returns or don't include all the forms needed. FreeTaxUSA still has their 2020 version available for a reasonable price if you're looking for options.
Thank you soooo much for this reminder about the stimulus payment! I just checked our records and realized my husband never received his $1,200 payment from the first round. I completely forgot we could claim that on the 2020 return! That's on top of the refund we were already expecting. Any other 2020-specific credits or deductions I should look into while I'm at it?
You're welcome! Glad that helped! The first and second stimulus payments (Economic Impact Payments) can be claimed on the 2020 return if you didn't receive them. The first was $1,200 per person and the second was $600, so that's potentially $1,800 if your husband missed both. For other 2020-specific items, look into the expanded charitable contribution deduction (you could deduct up to $300 in cash donations even if you took the standard deduction). Also check the earned income tax credit and child tax credit if applicable - there were special "lookback" provisions allowing you to use 2019 income to calculate these if your 2020 income was lower due to the pandemic. These could significantly increase your refund depending on your situation.
Don't panic - you still have time! The May 17, 2025 deadline for 2020 refunds is still a few weeks away. I went through something very similar when a small business I worked for closed during COVID. Here's what worked for me: Start by requesting your wage and income transcript online at irs.gov immediately. Even though the company is defunct, the IRS should have all the W-2 information since employers are required to submit these before they shut down. The transcript will show exactly what was reported under your husband's SSN for 2020. If you can't access the transcript online, you can also call the IRS (though expect long hold times) or mail Form 4506-T, but that takes longer to process. Once you have the wage information, you can prepare the return using any tax software - just print and mail it since e-filing isn't available for 2020 anymore. Make sure to write "2020" clearly at the top of Form 1040. One important tip: Double-check that you're claiming the Recovery Rebate Credit if your husband didn't receive his full stimulus payments in 2020. That could add $1,200-$1,800 to your refund on top of the $750 you're expecting. You've got this! Just start with getting that transcript and you'll be on your way.
I've been doing affiliate marketing for 5 years, and I just put "Digital Marketing Specialist" on my return. Never had any issues. I think people worry way too much about this field - the IRS cares WAY more about your numbers adding up than what you call yourself!
As someone who's been navigating this same question, I ended up going with "Online Marketing Consultant" on my return last year. It seemed to cover all the bases - the affiliate marketing, content creation, and promotional work I do across different platforms. What I found helpful was thinking about it from the IRS perspective: they just want to understand the general nature of how you earn your income. Whether you call it "Digital Marketer," "Affiliate Marketer," or "Online Publisher," they're all painting the same basic picture of someone who earns money through online promotional activities. The more important thing I learned is making sure you're tracking all your business expenses properly - things like your website hosting, marketing tools, home office space, etc. Those deductions can really add up and have a much bigger impact on your tax situation than whatever you put in the occupation field!
Do I have to do anything special with 199A dividends when using FreeTaxUSA instead of TurboTax? My 1099-DIV has about $32 in box 5 for Section 199A dividends.
FreeTaxUSA handles 199A dividends just like TurboTax. When you enter your 1099-DIV information, make sure you include the amount from Box 5 when prompted. The software automatically calculates the deduction for you. I've used FreeTaxUSA for 3 years now and it handles these special dividends without any issues.
Just wanted to add some clarity about the thresholds for Form 8995 vs 8995-A. If your taxable income is under $182,050 (single) or $364,100 (married filing jointly) for 2023, you can use the simplified Form 8995, which is much easier. Above those thresholds, you need the more complex 8995-A. For small amounts like yours ($5.45), you're definitely in simplified territory regardless of your income level. Most tax software like TurboTax will automatically determine which form applies to your situation and handle the calculations behind the scenes. The key is just making sure you enter that Box 5 amount from your 1099-DIV correctly when prompted. One thing to watch out for - if you have multiple 1099-DIVs with 199A dividends, make sure you add them all up. The 20% deduction applies to the total amount across all your qualified sources.
This is really helpful information about the income thresholds! I had no idea there were different forms depending on your income level. Quick question - when you mention adding up multiple 1099-DIVs, does this include 199A dividends from different types of investments? For example, if I have some from a REIT mutual fund and others from individual REIT stocks, do those all get combined for the deduction calculation?
Hassan Khoury
I'm currently in week 14 of waiting for my amended return processing and can relate to your frustration about cash flow impact. One thing I discovered that might help is checking if your state offers any emergency business assistance programs for independent contractors - some states have bridge funding or micro-loans specifically for situations like this where you're waiting on legitimate tax refunds. Also, if you haven't already, make sure you're checking your IRS online account transcript (not just the "Where's My Amended Return" tool) as it sometimes shows status changes a few days earlier. The transcript will show specific transaction codes that give you a better picture of what's happening behind the scenes. I know it's frustrating when you did everything correctly - the system just wasn't designed with small business cash flow in mind. Hang in there!
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GalaxyGuardian
ā¢This is really helpful advice about checking for state emergency business programs - I hadn't thought of that angle! I'm also curious about the transcript codes you mentioned. I've been checking the "Where's My Amended Return" tool religiously but haven't looked at the actual transcript yet. When you say it shows status changes earlier, are you talking about days or weeks? And do you need to look at the account transcript or the return transcript specifically? I'm willing to try anything at this point to get some visibility into where things stand. The cash flow situation is getting pretty tight, so exploring those state programs sounds like a smart backup plan while we wait for the IRS to do their thing.
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Omar Fawzi
I've been through this exact scenario twice - once in 2022 and again last year. The 60-day notice is essentially the IRS saying "we acknowledge your paperwork exists" but doesn't reflect the actual timeline. My 2022 amendment took 23 weeks total, and my 2023 one took 19 weeks. Here's what I learned that might help: First, set up IRS online account access if you haven't already - the transcript updates are more reliable than the "Where's My Amended Return" tool. Look for your Account Transcript, not the Return Transcript. You'll want to watch for transaction code 971 (notice issued) followed eventually by code 846 (refund issued). Second, document everything with dates - when you filed, when you got the 60-day letter, etc. This becomes crucial if you need to escalate later. Third, as a fellow independent contractor, I totally get the cash flow stress. Consider reaching out to SCORE or your local Small Business Development Center - they sometimes have resources for short-term business financing while waiting on legitimate refunds. The waiting sucks, but hang in there. The money will come, just probably not within 60 days despite what the letter implies.
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Chloe Wilson
ā¢This is incredibly helpful - thank you for sharing your real-world timeline! I'm definitely going to set up that IRS online account today and start monitoring the transcript codes you mentioned. The SCORE suggestion is brilliant too - I had no idea they might have resources for situations like this. Quick question: when you were tracking those transaction codes, did you see the 971 code right after getting the 60-day letter, or did it show up later in the process? I'm trying to figure out if I should expect to see that code soon or if it appears closer to when they actually start working on it. Really appreciate the practical advice from someone who's been through this multiple times!
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