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Level 2
December 4, 2020
Question

How to claim the 8805 withholding payment back with resident tax retrurn?

  • December 4, 2020
  • 1 reply
  • 12 views

My client became a resident taxpayer in 2019 (from B1/B2 to H1B). She had K-1 income from a partnership. The partnership didn’t know she became a resident taxpayer this year and still withhold tax from her and therefore generate form 8805. 

How can she claim the withholding payment back while she using 1040 tax form? What I know was Form 8805 can only be linked with 1040NR.

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1 reply

itonewbie
Level 15
December 4, 2020

Was your client a dual-status resident or full-year resident alien?

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Helen38Author
Level 2
December 4, 2020

She was a full year resident.

itonewbie
Level 15
December 4, 2020

Try Screen 20.1, Line 15, and use Code O for the withholding, then attach the F.8805 on Screen 4.4 by linking it to Form 1040 - Other.

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