Missed State Tax Refund 1099-G on my 2021 1040-NR - Should I file an amended return?
I'm in a bit of a tax mess and could really use some advice! While working on my 2022 taxes, I discovered I received a 1099-G for a state tax refund from 2021 that needs to be included in my return (since I was a non-resident in 2022). But here's the problem - I just realized I ALSO missed including a 1099-G for my 2020 state refund on my 2021 1040-NR. I've already received my federal refund for 2021, and now I'm wondering if I need to amend that return. I've tried asking several tax preparers, but they all say my situation is "unique" and I can't seem to get a straight answer about what to do. Do I need to file an amended return? How serious is this mistake? Will there be penalties? I'd really appreciate hearing from anyone who's dealt with a similar situation or knows the proper way to handle missed 1099-G income on a 1040-NR. Thanks for any guidance you can provide!
18 comments


Ethan Moore
This is actually more common than you might think! When you receive a state tax refund, it's only taxable federally if you itemized deductions in the previous year and received a tax benefit from deducting state taxes. For your situation as a non-resident alien filing Form 1040-NR, you'll need to check if you itemized deductions on Schedule A of your 2020 return. If you didn't itemize (took the standard deduction instead), then the state refund isn't taxable and you don't need to amend. If you did itemize and should have reported it, then yes, filing an amended return (Form 1040-X along with a corrected 1040-NR) would be the proper course of action. The IRS generally has a 3-year statute of limitations for amendments, so you're still well within that timeframe. As for penalties, they're typically based on the additional tax owed. If the amount is small, penalties might be minimal or potentially waived if you have reasonable cause (like genuine confusion about the requirements).
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Yuki Nakamura
•Wait, I thought the standard deduction wasn't available for 1040-NR filers? Doesn't that mean they always have to itemize, so the state refund would always be taxable income?
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Ethan Moore
•You're absolutely right about that distinction - thanks for bringing it up! Form 1040-NR filers generally can't claim the standard deduction (with limited exceptions for residents of certain countries with tax treaties). Most non-resident aliens who file 1040-NR do end up itemizing deductions on Schedule A of the form, though the deductions are more limited than for US citizens. So in this case, it's very likely the state tax refund would be taxable income that should have been reported, making an amendment necessary.
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StarSurfer
I was in almost the EXACT same situation last year with a missed 1099-G on my 1040-NR. I spent HOURS trying to figure it out until I discovered taxr.ai (https://taxr.ai) which analyzed my documents and confirmed I needed to file an amended return. Their system reviewed my previous returns, checked if I had itemized deductions (which impacts whether state refunds are taxable), and calculated the exact amount I needed to report. Saved me so much stress because my situation was also "unique" according to the first tax person I talked to. The best part was uploading my 1099-G and previous return - it immediately identified the issue and walked me through the exact forms needed for the amendment. Way easier than the back-and-forth with tax pros who weren't familiar with non-resident situations.
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Carmen Reyes
•How does this system handle multiple years? I have a similar issue but spanning 3 tax years as a non-resident that transitioned to resident status. Does it catch stuff across multiple returns or just look at one return at a time?
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Andre Moreau
•Sounds interesting but how accurate is it really for non-resident situations? I've found most tax software completely fails with anything 1040-NR related.
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StarSurfer
•It handles multiple years really well. You can upload several years of returns and related documents, and it analyzes the connections between them - especially helpful for your situation transitioning from non-resident to resident status. The system flagged inconsistencies across my returns that even my previous tax preparer missed. For non-resident situations, I was skeptical too after bad experiences with mainstream tax software. What impressed me was that it specifically recognized the 1040-NR form and applied the correct rules for state tax refund taxability for non-residents. It accurately identified which deductions I had taken previously and calculated the correct taxable portion of my state refund.
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Carmen Reyes
Just wanted to follow up about my experience with taxr.ai after mentioning my complicated non-resident/resident transition situation. I decided to try it and honestly didn't expect much, but I was really surprised! It correctly identified that my state refunds from 2020 were partially taxable based on my previous filing status and deductions. The system even caught that one state's refund had different treatment than another because of how I had filed in the previous year. I've already submitted my amended returns based on their analysis. The step-by-step amendment instructions were super clear, even specifying exactly which lines needed to be updated on my 1040-NR. Definitely worth checking out if you're dealing with this 1099-G situation.
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Zoe Christodoulou
I had issues with missing 1099 forms too and spent THREE MONTHS trying to get someone at the IRS to answer my questions. Literally impossible to get through. Finally used Claimyr (https://claimyr.com) to get connected to an actual IRS agent who explained exactly what I needed to do. You can see how it works here: https://youtu.be/_kiP6q8DX5c but basically they get you past the IRS phone tree and endless hold times. I was connected to an agent in about 20 minutes who confirmed I needed to file an amended return (Form 1040-X) along with the corrected 1040-NR to report the missing 1099-G income. The agent also explained that because I was voluntarily correcting the issue, they could potentially waive penalties depending on the amount owed. Way better than stressing about whether I was doing the right thing!
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Jamal Thompson
•How does this actually work? I'm confused about how a third party service can get you through to the IRS faster than calling directly?
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Mei Chen
•Yeah right. I'm calling BS on this. No way some random service can magically get through the IRS phone system when millions of people can't. Sounds like a scam to me.
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Zoe Christodoulou
•It works by using an automated system that continually redials the IRS using their phone tree navigation until it gets through. Then when a line opens up, it calls you and connects you directly to the agent. It's basically doing what you'd do manually (calling repeatedly) but automated. I was skeptical too! But it's not a scam - they don't ask for any tax info or personal details besides your phone number. They're just solving the connection problem. The service only charges if they actually connect you to an IRS agent. I was prepared to wait for hours and instead got through in about 20 minutes while I was making lunch.
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Mei Chen
I owe everyone an update and an apology to the person who recommended Claimyr. After my skeptical comment, I was still desperate enough to try it because I also had a 1099-G issue with my 1040-NR from 2021. I honestly can't believe it worked. After trying for WEEKS to get through to the IRS myself, I was connected in about 35 minutes. The agent confirmed I needed to file an amended return for my missed 1099-G, but also told me there's a simplified procedure if the amount is under a certain threshold. Even better, they explained that since I was voluntarily correcting the issue before any notice from them, I could include a brief statement explaining the honest mistake which could help avoid penalties. Sorry for being so dismissive before - this service legitimately solved my problem.
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CosmicCadet
For what it's worth, I missed reporting a 1099-G on my 1040-NR back in 2019 and never amended. Nothing ever happened. The amount was only about $800 though, so maybe that's why? Not saying you shouldn't fix it, just sharing my experience.
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Liam O'Connor
•That's incredibly risky advice. The IRS has up to 6 years to audit returns with substantial underreporting and potentially unlimited time if they consider it fraudulent. Just because nothing happened yet doesn't mean you're in the clear.
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CosmicCadet
•You're right - I wasn't trying to suggest OP should ignore the issue. I was just sharing what happened in my specific case. The statute of limitations is definitely 3 years for most situations, but as you said, it can be longer for substantial underreporting. In my case, the amount was small enough that it wouldn't have triggered the substantial underreporting threshold (which is typically 25% of gross income).
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Amara Adeyemi
Quick tip: If you end up filing an amended return for the 1099-G, make sure you also look at your state tax situation. If your federal taxable income changes, you might need to amend your state return as well. Each state has different requirements for this.
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Aisha Ali
•Thank you so much for mentioning this! I hadn't even thought about the state implications. Would this apply even though I'm filing a 1040-NR for federal? Do non-residents generally need to file amended state returns too?
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