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FAQ - Form I-601A

What is the purpose of Form I-601A?
This form allows you to indicate your consent to the collection of certain data without such collection being mandatory for the receipt of benefits. The information you provide will be used by the IRS to ensure eligibility for certain tax benefits, benefits, and allowances and to track the status of payments on tax returns. For more information, see IRS Notice 2011-41, Information for Taxpayers Under Attack and IRS Publication 463, Tax Topic 463. Where do I give this form? You must give the Form I-601 to the agent or officer you designate as the recipient of Form I-601A at their office or other place, including but not limited to, within the same state. You can give the form to your tax professional if you believe that you need help or assistance in applying any part of the form or in reviewing or revising it. If the form is sent to you by mail, make sure that you write on it your full name, address and date of birth, and signature. The instructions will tell you how to mail a copy of the form if you sent the original form by mail. When can I use the Form I-601? The purpose of a Form I-601 is to protect your personal information and that of your dependent children so that you may receive tax benefits or allowances at no cost to you. What information is collected from me? The form provides for the collection of information about you on a monthly basis that generally is kept confidential and will not be shared with unauthorized persons or government agencies. How long does the information remain confidential? To further secure your privacy, the information in Form I-601 must remain confidential. If information about you is disclosed in the public interest without your knowledge or consent, the IRS may recover any costs incurred in providing the public with a copy of the information. How will I know the IRS is collecting information? Any time IRS agents collect information from you or a dependent child (including your spouse or child, if you are the subject of an income tax return), the notice from the collector explaining the purpose of the collection must include the following statement: “You have the right to ask for a copy of this information and to correct any errors in its correctness before receiving it.” The amount of time between when the information was collected and when you receive a copy is called the collection period.
Who should complete Form I-601A?
Form I-601A applies to you if you've been a resident of Canada on December 31, 2011, or January 1, 2012, and you are or were a citizen, national or permanent resident of a country, a state or province of whose territory you hold, at any time before January 1, 2013, or of a country whose citizens or permanent residents you are on December 31, 2011, or before January 1, 2012.
When do I need to complete Form I-601A?
Generally, you should complete this form as soon as possible after all the assets in your IRA (not just those you put into it) are distributed. You'll typically need to complete the form no later than 31 days from the date you turn 70½, unless you are filing Form 5300. There are exceptions to the 30-day period. For example, if you withdrew some of your IRA assets and deposited them into an account at another custodian before you turned 70½, you may need to complete this form within 30 days of withdrawal. The 30-day period doesn't apply to accounts you deposit into an IRA custodian that you receive after it begins operating (for example, with an IRAsignor.com account), if the account contains money not used for the IRA. For more information about when to complete Form I-601A, see Pub. 590-A, Exceptions To The 30-Day Right To Complete A Form I-601. How do I check off a box to report the distribution of assets from my IRA? If your assets have been distributed from your 401(k) plan or 403(b) plan, you must report the distribution on Form 5500, Distributions From Individual Retirement Arrangements To Beneficiaries, even if the distribution is made in a lump sum, because you must report the distribution using code EK, even if the distribution does not exceed your standard deduction for the year. If you receive a distribution from nonqualified plans (defined benefit plans that are not defined contribution plans), you should report the distribution on Form 5498, Distributions from Qualified Plan to Beneficiary. This document will tell you the type of plan or plans in which you participated, and if any distributions were made from that plan. Once all the distributions from a 401(k) or 403(b) plan, including nontaxable distributions, from all nonqualified plans, and the distribution from nonqualified plans due to an employer's failure to make elective deferrals, are reported, you should include your earnings for the year from those distributions in your gross income as ordinary income. If you receive a refund for any amounts received, you can deduct those amounts from your ordinary income taxes. However, if you were self-employed and did not itemize deductions, all tax, and tax-free credits, will reduce your earned income.
Can I create my own Form I-601A?
Yes. You will need to complete an I-601A Application. If you are an applicant and not a current participant, you will need to submit a copy of your most recent insurance card to the U.S. Citizenship and Immigration Services (USCIS) or have an employer-sponsored insurance card. How many people do I need for Form I-601A? There are two types of I-601A Applications. If you need more than one form of information for your application, you must submit a separate application for each type of information. Type 1 — for nonimmigrant visa applicants: Applicants who apply online for their first I-601A will need to submit Form I-601A(A) if they are foreign nationals and their primary country of interest information is: Iran China Iraq and Iran, the Nuclear Weapons States of Iraq, Iran, Libya and Sudan North Korea South Sudan United Arab Emirates United States of America Vietnam Type 2 — for nonimmigrant visa applicants: Applicants who apply online for their first I-601A will need to submit Form I-601A(B) if they are foreign nationals and their primary country of interest information is: Russia Cuba China Iraq and Iran, the Nuclear Weapons States of Iraq, Iran, Libya and Sudan South Korea Vietnam North Korea Venezuela Pakistan I live in a foreign country and have an I-601A to travel and go through U.S. Customs. Will that process be faster or slower? For most countries, the process and processing time will be very similar. Because visa officers will not have information for you on other countries, you may be interviewed on an out-of-country basis. However, I recommend you obtain an advance review before traveling. It often takes time to process a visa application when you are out of the country. It is important that you consult an attorney for assistance in making sure you receive all of your questions answered in a timely manner. (An attorney may need to contact a local embassy with the country of country information.) You will also need to contact the embassy of each country when you go through immigration. Please note: For countries that are not listed above, U.S. Customs and Border Protection (CBP) is responsible for issuing nonimmigrant visas and immigration documents for nationals of these countries.
What should I do with Form I-601A when it’s complete?
If a service entity has completed the Form I-601A, it is ready to send it to the SO. It's important to ensure service entities that are eligible to receive Form I-601A, send it promptly since the service entities receiving those Forms may not receive them for up to six months after the last completed Form I-601A was submitted. How much can I have my service entity refunded? The maximum refund is 10,000.00 for service entities that are eligible, provided you submitted Form I-601A for the employee(s). What if a Form I-601A is missing or incorrect? If your Form I-601A is reported as incomplete and your SO has not received it, they can ask you to complete the Form I-601A for them. Your SO should not give you more than three days after receiving your completed I-601A and/or a copy, from you, that provides sufficient documentation to allow the SO to determine that the missing Form I-601A was incomplete. How can I get a Form I-1250? If your service entity is not on the Form I-1250, you can still get Form I-601A from the SO when they have provided you all the required service items. To do this, go online at My.DOL.gov, click on Form 1250 for the Employee (including a service entity), and then click on I-1250/401(k) to print. I'm a non-U.S. person, but my employer is U.S. Is the SO the only person that might be able to assist me? It depends. In general, the SO can assist you with all the information listed in U.S. Code and in Regulations, subject to: The foreign person’s status (e.g., temporary resident alien or other); The employer's type (e.g., small firm, large firm, government contractor, etc.); The nature of the work (e.g., government contract, subcontract or contract with employees or subcontractors, etc.); Any language barrier(BS); and Any legal problems. What's the difference between Form I-601A for service entities and the U.S.
How do I get my Form I-601A?
File Form I-601A, Application for an Award of Permanent Residency, as part of the application for permanent residency. The form can be accessed starting on page 4 of the USCIS Notice of Intent to Issue Permanent Resident Cards, but should be completed and submitted within 45 days of the receipt of USCIS' decision or, if you previously submitted Form I-551A, I-151A, Nonimmigrant Visa (L-1), to USCIS, you may wish to submit it as part of the application for a marriage-based visa. For a list of instructions for complete and submit Form I-601A, visit the USCIS Application and Instructions section. A summary of the information on the web page, as well as instructions for completing the form, are available at this link. Do I need to apply for a replacement card? The application for a replacement card is a joint application and is handled in the same sequence by the applicant as is the application on Form I-601A. If more than one spouse is not a U.S. citizen or lawful permanent resident, you may have to file a separate request for an approved Form I-551A to obtain permanent resident cards. How are my Permanent Residency Cards valid? If you have a permanent residency card you must report all income and expenses on Form I-129, Annual Report of U.S. Tax Withholding, as well as Form I-797 to the USCIS. In addition, you must fill out the required tax documents if you are filing on behalf of an employee, a dependent or an alien with certain dependents, which include Form I-864, Employer's Tax Return (Form 968) on behalf of any U.S. citizen for the fiscal year ending on November 4 of the fiscal year immediately preceding the year during which the application for the permanent residency card is filed. You must also file a U.S. personal income tax return that includes a tax return that you filed with the IRS for the calendar year immediately preceding the tax year in which the permanent residence card is issued. Once you have filed a U.S. personal income tax return for all the preceding calendar years, you must file Form I-864 with the USCIS. What documents do I need to use to apply for an immigrant visa? You must submit two separate applications. The first application is your main Form I-601A that you filled out and submitted.
What documents do I need to attach to my Form I-601A?
There are a few things you do not need to include when completing the Form I-601A: Documentation about any other income that you might have (e.g. Social Security, Railroad Retirement or Supplemental Security Income) Fees or loan payments Pay stubs, checks or money orders. If you must send us a letter, a check is OK by regular mail, but a money order is not, so you should also include a photocopy of the back of the check, a photocopy of your Social Security card or other valid means-of-pay documentation, so we may verify your identity. If you submit your completed Form I-601A prior to April 15th of each year, you do not need to submit Form I-601 to the Department of Treasury. Instead, you can submit Form I-601A/I-601L to IRS by mailing it by regular mail to the address in the instructions. Frequently Asked Questions What if the recipient of a Form I-601A is in a deceased or incapacitated situation? If the recipient of a Form I-601 (e.g. self-employment income or a tax refund check) dies or becomes disabled, IRS requires that the beneficiary file Form 1099-I with the Department of Internal Revenue. You need to notify Internal Revenue about the beneficiary's deceased or dis-enabled status in the following situations: If the beneficiary's death occurs as a result of an act or omission that is the result of an “act of national or international terrorism” If the beneficiary's death occurs as a result of an act committed by another person who is an “an officer, employee or agent of a foreign government or international organization of governments” If the deceased beneficiary's death is a result of an “accident, illness, or any other circumstance, not caused by the gross negligence or willful misconduct of the beneficiary.” The beneficiary must then file Form 1099-K with the Department of Internal Revenue. Then you need to report these taxes electronically for the year in which the beneficiaries' death occurred. The beneficiary must then wait a minimum of 5 years before filing a Form 1099-K. In addition, all future beneficiaries must file Form 1099-K before their estates (i.e. deceased beneficiaries) are distributed. The deceased beneficiary must report income from any sources before filing the form.
What are the different types of Form I-601A?
The forms are divided into three groups: I-601A-Individual — these are the most basic tax forms that you and your employer must complete. If you are self-employed as a sole proprietor, sole trader, limited liability company, partnership, or other entity, you have to complete I-101. I-601A-S Corporation — you must complete this form if your business must have a certificate-of-incorporation in the state where you file. There are several types of certificates of incorporation, and these forms will be used to determine whether you are a corporation or a partnership. I-601A-S Trust — there are two types, a general trust and an exempt trust. I-601A-M Partnership — this depends on how you form the partnership. The trust is the more common form for partnership and sole proprietor corporations. Form I-601A is designed as the base form of tax forms and has many requirements that you need to meet when completing the forms in advance. There are different methods to complete these tax forms each time you file, so you should consult the instructions for each specific set of forms. In addition, some forms are subject to special deadlines and there must be an extra tax form, which would contain the information that you need to make. A variety of these deadlines apply: Forms I-601A, I-401, and I-600 are due by April 15 and are not refundable. Forms I-608, I-901, and I-903-Individual Filing Requirements are due by April 15 for taxpayers who want to file a return on June 15 or later of the calendar year.
How many people fill out Form I-601A each year?
About 15,000. Form I-621, which is similar to Form I-601A, was issued to more than 9 million Americans in 2014. That number is expected to swell to 13 million by 2019, according to a May 2016 U.S. Treasury report. The number of Form I-601A filers who reported no income in 2015 was 594,000, down slightly from the year-long peak of 600,000 filers in 2014. About 40 percent of 2014 filers reported receiving an EI benefit. As such, the percentage of filers who did not receive any I-601A benefits had remained constant at about 40 percent, the report said. Among those receiving benefits were spouses, partner, civil union or registered domestic partnership partners, and children, who typically receive a maximum of 1,300 per worker and 2,000 per dependent per year. What if I received a benefit? If you do receive a benefit, you may have been able to delay its receipt for one year by filing an I-601A extension application. This could delay receiving benefits from the month in which you filed your application in. You must file Form 1555, Application for Form I-601A Extension, by April 30 in each year in which you received a benefit from I-601A. The extension gives you up to 6 months to file your application, and the extension will not allow you to extend into the next calendar year. What if I haven't filed Form I-601A? If you haven't filed Form I-601A in any previous year, you could be eligible for a refund that could reach 1,000. If your employer pays EI (other than on vacation leave), you may be able to receive an equivalent amount of benefits as a worker, such as through the EI Supplementary Unemployment Benefits (SUB) program. However, most employers do not pay the federal minimum wage, and if they do, they do not pay on vacation or other time off.
Is there a due date for Form I-601A?
Yes. You must timely file Form I-601A with the Social Security Administration within 90 days of becoming a qualified veteran. Is the I-601A form available on-line? Yes. You can access a new I-601A on-line form by visiting the I-601A Electronic Filing Portal. Who can use the I-601A form? Veterans and eligible dependent adults (children of eligible dependent adults) who meet all the following conditions must file Form I-601 with the Social Security Administration: Filed or determined to be under FEES; Dependent of an officer, director, trustee, general partner, principal creditor, assignee, or beneficiary of the estate of an officer, director, parent, spouse, or dependent or beneficiary of a trust controlled by the officer, director, trustee, general partner, principal or assignee of the estate of the officer, director, parent, or spouse; Filing under a trust described in section 832(d)(1)(A) of the Internal Revenue Code; and Filed with the IRS as an application for a certificate to discharge or limit the number of dependents. In addition, any nonresident alien individual or foreign national who is required by law to file a U.S. tax return if U.S. taxpayers are not eligible for the I-864 (nonresident alien individual) or I-864A (nonresident alien foreign national) must file the I-601A form. Is there a fee for filing Form I-601A? The 15 filing fee does not apply if the applicant meets the requirements listed above. You must submit an extra copy of I-601A on your tax return to offset the filing fees on Form 1040. May I use Form I-601A if more than one veteran or eligible dependent is a dependent child of the same person? Yes, you can file two copies if any eligible dependent children (including one spouse) are entitled to I-864(k). For Example: If you own a business and one spouse is a qualified veteran and also a dependent of a co-owner, then both individuals can file with Form I-601A.
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