Doing your taxes if you're DACA approved

[taramo35 27]

this is so confusing

[itzel 336]

this is so confusing

Thats what I thought, but Ive been told by several sources, its pretty basic and easy to do it if you do it through TurboTax or online. If youre already working, at your job theyll give you a W2. This form has all the info youll input on your tax form. I was told Turbo Tax is really simple in that it tells you what #s to put and where. For example: whatever is on line 6 on your W2, put on this line..and so forth..

[adanson 6]

would i be able to do my taxes using my ITIN since i havent yet received my work permit? im planning on doing them next week

[itzel 336]

would i be able to do my taxes using my ITIN since i havent yet received my work permit? im planning on doing them next week

I dont see why not, but if you log on to TurboTax, they have professionals on chat who can answer that for you.

[itzel 336]

Ive tried some of those outfits like TurboTax and TaxAct online. When I did the TurboTax, they say I qualify for the EIC which is the Earned Income Tax Credit. With your W-2, it just means more money in your pocket. Well, Turbo Tax qualified me for it. TaxAct didnt.

TaxAct didnt because they put me in the non resident category. Now, I understand that with DACA we receive no legal status (citizenship, temporary/permanent residency) but for tax purposes, we actually are put in the resident category.

First, to get the EIC, you must be a US citizen or resident aliean all year or nonresident alien married to a US citizen or resident alient and filing a joint return.

If you already got approved for DACA, you pass the susbtantial presence test mentioned in Publication 519 found on the IRS website.

To be catergorized as a resident you have to pass 1 of 2 tests mentioned in Publication 519. The Green card test, which is pretty much having a green card or the Substantial Presence test, which is being in the country during the tax year for a certain # of days.

To be approved for DACA, we need to prove we were in the country for a certain amount of years. Just by being approved for DACA immediately makes you pass the substantial presence test, therefore when you file because you are filing as a "resident" you can claim the EITC. Good luck to all!!!

Heres the links to Publication 519 and more about EITC:

http://www.irs.gov/pub/irs-pdf/p519.pdf

http://www.irs.gov/Individuals/EITC,-Earned-Income-Tax-Credit,-Questions-and-Answers

[itzel 336]

If anyone claims their tuition on their taxes it will be on a Form 8863. This form has been added to a list of delayed forms by the IRS. Meaning you cant submit your forms until mid-February. If you filed online with an outfit like TurboTax, TaxAct, etc..they will hold your forms until the IRS announces the date to accept this form.

[Reyna1989 0]

I still havent got approved unfortunately but I have abquestion are we going to be able to file for taxes this year with our new ssn. The thing is my husband and kids are citizens and they always ask him if I have a ssn am I going to be able to use it this year?

[Jerzaim 8]

If anyone claims their tuition on their taxes it will be on a Form 8863. This form has been added to a list of delayed forms by the IRS. Meaning you cant submit your forms until mid-February. If you filed online with an outfit like TurboTax, TaxAct, etc..they will hold your forms until the IRS announces the date to accept this form.

Thanks Itzel, I was wondering why i couldn't claim the american opportunity credit yet... I guess i have to file sometime in mid-february

[itzel 336]

@Reyna:

Hopefully you get approved soon and can use your new SS# so that your husband can add your name to the return.

@Jerzaim:

You can do your taxes anytime, I did them on the 30th with TaxAct and all theyre doing is holding my return until IRS announces it will start accepting those forms that are being delayed. As soon as TaxAct is notified of this, theyll turn mine in.

[Fresita22 101]

I dont get it

[VA_Dreamer 0]

Hi Guys,

I used to have a friend to help me file it but my friend moved. I am seeking for some advice from anyone with any knowledge to my tax problem.

How do you go with filling income tax? My EAD still pending, and Vermont Center is being real slow, I have a feeling that I might not get my EAD before the tax deadline.

I have an ITIN but im using a fake SSN. Can I just file this with TurboTax? or Is it smart to go to H&R Block office and have em do it? If they do accept, do they check for ID? beacuse I dont have any ID, i ussualy just get rides from friends. Also if H&R Employee found some anomally like me using a fake SSN would they flag me and call ICE on me?

I have not done anything wrong that would incriminate and land me in jail, aside for being an undocumented individual.

I appreciate any help and advice.

[Theresa 63]

Taxpayers who don’t have a Social Security number may be able to file a tax return using an alternate number known as an ITIN (Individual Tax Identification Number).

If you already have an ITIN, you can enter it in TurboTax where the program asks for your Social Security number. And don't worry, your Itin has your fake number info

Switching to your social security number:

http://www.lclaa.org/index.php/lclaa-blog/entry/post-daca

[Calidreamer 100]

I'm filing using iCanEfile/TaxAct, so it's going over the "credits" one of the questions to know if I qualify for Earned Income Credit is:

You were a nonresident alien during any part of the year

Does this apply to me? I lived in the US all 12 months of 2012 all tho it was illegally...

Am I getting the "resident alien" wrong?

[Calidreamer 100]

Ok! never mind to the question above, but just in case someone had the same question here is what I found:

Classification of Taxpayers for U.S. Tax Purposes

U.S. law treats U.S. persons and foreign persons differently for tax purposes. Therefore, it is important to be able to distinguish between these two types of taxpayers.

United States Persons

The term ''United States person'' means:

• A citizen or resident of the United States
  
• A domestic partnership
  
• A domestic corporation
  
• Any estate other than a foreign estate
  
• Any trust if:
  
  • A court within the United States is able to exercise primary supervision over the administration of the trust, and
    
  • One or more United States persons have the authority to control all substantial decisions of the trust
    

  [*]Any other person that is not a foreign person.

Substantial Presence Test

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

• 31 days during the current year, and
  
• 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
  
  • All the days you were present in the current year, and
    
  • 1/3 of the days you were present in the first year before the current year, and
    
  • 1/6 of the days you were present in the second year before the current year.
    

[pumpkin123 0]

Thanks for this post- it was very helpful.  Just to clarify, if I have someone that I want to claim as a dependent who was DACA approved (and with SSN), I file him as a "permanent resident" when the question is asked, correct?  Specifically, I am using intuit turbotax.  

 

thanks for the continued help.