Can't file taxes

[Wuozopo 4,293]

48 minutes ago, Nibake said:

Wow. It's crazy that no one else has dealt with this since statistically it should happen to about 20% of AOS filers.

 Are you saying your joint return was completely rejected or some of the refund you expected was not allowed? Your spouse had to receive her SSN before the Oct 15 deadline to get her 2020 Recovey Rebate. She didn’t.  I think that was 2 payments ($1200 and $600). I forgot the amounts already. It would be on Line 30 of the 2020 form 1040 if you claimed it. Did you get any refund?  Unfortunately the USCIS, SSA, and IRS are separate parts of the government that don’t talk to each other. The IRS does not know when you sent applications to USCIS, but yes the delay at USCIS has a knock on effect at the other agencies that caused you problems. 
 

You did file your 2020 return on time. Did you get some kind of receipt when you turned it in that indicates the date?  Your return should be processed for an ITIN and treated as a joint return with the proper tax refund. Take that up with IRS.  But the refund would be minus the extra for recovery rebate (Line 30).

 

Edited August 2, 2022 by Wuozopo

[Nibake 4]

Regarding the recovery rebate, we didn't file for it. What they are saying is that I don't get to file as married filing jointly, which is hogwash. I ended up going from a couple thousand of rebate to a deficit, because of the change in standard deduction since they.

 

They are saying, verbatim, "[she] didn't have an assigned TIN by the due date of the tax return." However, I filed for an extension and hand delivered the ITIN application with the return to the IRS office, so the delay was not on us.

[top_secret 2,417]

On the bright side,,,,  while it is inelegant and 100% not correct,,,,,  so long as anything that might be due is already paid, IRS rarely comes after anyone in the near term and in the longer term so long as it works out in the end that the IRS had their money all along, there is rarely any consequences for late filing. 

[Wuozopo 4,293]

1 hour ago, Nibake said:

Regarding the recovery rebate, we didn't file for it. What they are saying is that I don't get to file as married filing jointly, which is hogwash. I ended up going from a couple thousand of rebate to a deficit, because of the change in standard deduction since they.

 

They are saying, verbatim, "[she] didn't have an assigned TIN by the due date of the tax return." However, I filed for an extension and hand delivered the ITIN application with the return to the IRS office, so the delay was not on us.

I think I would debate that with the IRS. Call them and say you filed on time so their processing of the ITIN was covered no matter how long that takes. It should have been filed to the center in Austin, TX but nevertheless, you filed before the deadline.  If you get nowhere, ask to be escalated to that person’s supervisor. My wife argued a $10k error on the part of the IRS in a letter they sent regarding her father-in-law’s failure to report some interest income. It was simply because of data entry typo of an extra “1” that the IRS entered in a string of numbers they I put to calculate what they were owed. My wife argued for over 30 minutes with a rep on the phone. He was so sure the IRS made no mistake that he wouldn’t even listen to the mistake she was trying to explain. She finally said she wanted to speak to his supervisor, to which he tried to refuse by saying it would be difficult to get somebody with time to take the call. She said, I will wait on hold all day if needed because I want to speak to your supervisor. It didn’t take long at all for the supervisor to answer the call. She listened and in a minute said she saw the IRS mistake and would send the return back through for processing so disregard the payment request until it was processed again. 

[Nibake 4]

Well, I sent a letter with a rebuttal and evidence of dates for the whole process. We'll see what happens. Might be a couple of years.