If you have have had US tax held and have not yet claimed back the tax, you cannot postpone indefinitely.
The IRS gives you 3 years from the date of filing to reclaim overpaid US tax. What does this mean for older years?
Well if you want to try and reclaim overpaid US tax from 2019, you have a few months left. The deadline is April 15th 2023 for any 2019 US tax return refund claims.
If you are out of country and not US based, you get an additional 2 months, till June 15th 2023.
If I submit now, will I meet the deadline?
Yes if you file your tax reclaim now, you are well within the timeline for a reclaim of overpaid US tax.
I don't have a US tax number, can I still file a reclaim of US tax?
You will need to apply for an ITIN on Form W-7 and attach it to the tax refund claim, if you do not already have a Social Security Number (SSN) or if you have an ITIN which is expired and has not been used on a US tax return in 3 years.
How long will the ITIN take to be processed?
ITINs are currently taking 3 to 4 months to be issued. Once issued, THEN the tax return is forwarded for processing.
How long will the refund claim take?
The tax return itself will take anywhere from 6 months up to 1 year. The latter, being the average timescale for older returns, as the IRS is backlogged and their priority is processing current year tax returns (currently 2021 and from January 2023, they will prioritise 2022 filings).
How will I receive my refund?
The IRS will send you a USD cheque unless you list US bank details (not international wire details) on the tax return.
You will need to ensure your bank in your home country can cash the USD cheque.
Last date to claim a US tax refund - What about the tax reclaim deadline for 2020 and 2021 tax refund claims?
For 2020 - you have until 15th June 2024 if you are out of country (else it is April 15th 2024)
For 2021 - you have until 15th June 2025 if you are out of country (else it is April 15th 2025)
With any tax refund claim from the US, you should ideally file as soon as possible due to ongoing delays caused by the Covid-19 pandemic.
How can Just Breve assist me?
We file US tax refund claims regularly for non residents of the US on Form 1040NR. If you have received a 1042-S, W-2 or 1099 with overpaid tax held, do get in touch.
We offer fixed fees and free consultations to discuss what you need to do to receive back the overpaid tax.
We are also a certifying acceptance agent and can assist with obtaining a new ITIN or renewing an existing ITIN.
Get in touch today:
T: 0208 1444632
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