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Three Years of Taxes

Assuming that you choose to follow the guide in the Remedy on this website and you are in a similar tax situation, it looks like you can get the past three years of taxes reutrned to you.

How are these three years counted?

Is it the year that you most recently filed your taxes for ("last year") plus two?

Or last year plus three?

Or this year plus two?

The example mentions 2023 but I don't know how old it is...

My understanding is that it is the current year plus the last two. Note: When using the 1040-NR remember that each year has a form specific for each year.

So is what you're doing amending your three most recent tax returns?

In that case would it be last year plus two?

Since taxes are filed for the previous year.

 

For tax year 2023 I filed a 1040-NR along with my W-2. Didn't need to amend 2023 since I hadn't filed anything yet. This was back in Jan. 2024. For 2021 & 2022 I filed amended returns by sending in a 1040-X, 1040-NR and copy of previous return for each year. The IRS sent me back all the withholdings for 2023, but notified me that I hadn't used the correct year 1040-NR for 2021 & 2022. I had used a 2023 1040-NR form...dahhh. Anyway, I retracted the amended returns for 2021 & 2022 and haven't refiled yet. At this point, I may not refile and just be content with getting my 2023 withholdings back. It took them almost a year to notify me. Just remember to use the correct year 1040-NR form when you amend your returns for previous years. Follow the steps I detailed out on the IRS section of the Remedy area of the website. See the Grey bar STEP FOUR: Form 1040-X and 1040-NR. 

Admin and Qoztek have reacted to this post.
AdminQoztek

Another question on this topic:

In other forum posts, references are made to the idea that you can only amend your previous years' returns if you submit the RoE.

I don't see the connection, especially since there is a note on the Remedy page explaining that the RoE is only valid for the future, and not the past.

To me, it seems like changing your status is what entitles you to the refunds. The IRS tax code seems to mention that changing your filing status is a valid reason for amending previous years' tax returns.

https://www.irs.gov/filing/file-an-amended-return

So then, what is the logic behind getting or not getting the past three years refunded?

I believe that the ability to amend three years back is in the instructions for the 1040-X form if I remember correctly, but I double check. I also believe the importance of submitting the ROE is to inform them that you are revocating your voluntary election to pay taxes.  The only thing that noticing them with the affidavit does is to let them know you're now a nonresident alien, so you still need to let them know you're now not going to pay federal income taxes other than 26 877(b) & 871(b).  I suppose logic is not necessarily a factor in getting the last three years of federal tax withholdings back.  To me, it's about getting the money back in my pocket if its permitted based on the instructions in the 1040-X.