15 min consultation on 1040NR submissions Friday (today) or Monday

Job ID: 33688299

Budget: £20 – £250 GBP

I have an LLC in Nevada, am a lifelong British Citizen, living in England where I was born, and have not been to the USA since 2019. US clients pay my US LLC with a 1099NEC.

I intended to move to the USA hence the LLC was set up, however, my visa application was rejected 3 years ago, I have no intent to re-apply.

The 1040NRs my CPA created I submitted in 2020 and have prepared for 2021 are VERY different, and 1040 I created in TurboTax in error (error being it should have been a 1040NR) for 2021 is how I would have expected the 1040NR to be, which is similar to the 1040NR the year before.

For 2021 I created a 1040NR in SprinTax and it taxes at $0, referencing article 7 of the United Kingdom Tax Treaty, meaning I would need to declare the earnings and be taxed here in the UK
For 2020 the CPA created the 1040NR and it listed deductibles, etc made no reference to the tax treaty and I paid $11K in taxes... which I was happy with.
I want to understand why 2021 1040NR is so different, whether this means 2020 was incorrect in how it was put together, and if I have options?
For 2021 we actually ran at a loss after deductibles 2021 so there would be no tax to pay regardless, but I want to
1) Understand why the 2020 and 2021 NRs were so different?
2) Are they both correct in how they deal with the information (2020 didn't reference the tax treaty, 2021 did)
3) If it turns out 2020 was incorrectly filed, can I reclaim the $11K in tax overpayment? I am aware that if 2020 was incorrect I would need to be taxed and pay those taxes in the UK anyway.
4) Given my ITIN needs renewing should I submit the 1040NOR is it better to redo the 1040NR using the figures from 1040
5) If Q4 is affirmative, how and where do I do that - SprintTax doesn't seem to allow the override of the tax treaty qualification.

Screenshots of snippets for the 2 x 1040NRs and 1040 are attached.

Finally, to stop the auto bidders - I will only entertain your bid if you start with the word "Allen" This way, I know you read this in full!

Thanks, Scott
Related categories: Accounting Tax Law Expatriate Tax Tax Accounting