What is the purpose of Form DS-82?
The purpose of Form DS-82 is to ensure that the person seeking a disability tax credit is entitled to the credit. The form contains instructions and instructions that describe the requirements of the credit. If you have questions about the form or its requirements, you should call a specialist who is authorized to answer your questions about the application process.
Who may apply for the credit?
You can apply for the disability tax credit:
If you are a resident of the United States; and
If you are a member of a nonresident alien household (except for military families).
Who is considered a nonresident alien or a household with no U.S. resident?
You must own and occupy a principal residence in the United States, and meet all other requirements to be a nonresident alien under IRC Section 6501(c)(4)(A)(i).
What must you establish on Form DS-82?
Complete a Section III, “Definitions and Special Rules.” Then you must list each item of income you received. Some items require you to itemize your tax returns. Other items must be reported as follows.
Earnings
The payment of wages.
The payment of commissions, fees (including tips), or other compensation received for services rendered.
The payment of interest and dividends, if this income was received.
If this income was not received, you must list these income items with sufficient detail for the government to determine whether you received them. To do so, you must determine how you did not receive the income (e.g., you may not have the tax return or supporting documentation) and indicate why you did not receive them. The specific amounts for which you may list these items are detailed in the instructions for Schedule E of Publication 550.
Self-employment income
If you did not receive any Form 1099-MISC, Form 1099-B, Form W-2, or Form W-2G from the employer you self-employed.
If the employer withheld a federal income tax or state excise tax on employment income.
If you provided a service that is subject to social security and Medicare taxes, wages, or any other taxes you paid.
Other
The value of personal property that you kept on a separate basis for your own personal use, not for sale nor for rental.
Who should complete Form DS-82?
A. There are two ways to complete Form DS-82:
1. Form DS-82 may be used for people whose income for 2010 or 2011 has been reported by the individual to Social Security on Form SSA-1099.
2. Form DS-82 may be used to complete the FAFSA for people who (1) were eligible for, but did not claim, and (2) had no tax liability for the year or for prior years.
Q. What if I don't use Form DS-82 and don't complete the FAFSA?
A. If you do not use Form DS-82 to complete the FAFSA, you cannot use the information in it to complete the FAFSA.
Q. When must I use Form DS-82?
A. You must use Form DS-82 to obtain your Social Security number and to complete the Form SSA-1099.
Q. What if the information on Form DS-82 is wrong or no longer valid?
A. If you use Form DS-82 for the first time, you will be notified of the error and the right form will be sent to you within 10 working days. If you have not previously used the Form DS-82 to complete your FAFSA, you will be notified of the error, and you must complete a new Form DS-82 that contains the correct information.
If you continue to use Form DS-82 for your 2014, 2015, 2016, 2017, 2018, 2019, or 2020 tax years, you agree that the information on the Form DS-82 is correct to the best of your knowledge for the information reported on the Form SSA-1099.
If you use the Form DS-82 for another purpose--either to obtain the individual's Social Security number or to complete the Form SSA-1099, such use does not constitute a misuse because:
The information on the Form DS-82 is not used to determine an individual's tax liability. (Form DS-82 is for people who are reporting income and are not claiming or refunding any tax.)
If, during the current tax year, you submit a tax return, the Social Security Administration has not received it.
When do I need to complete Form DS-82?
Submit your completed Form DS-82 within the time limit stated on the form. If you submit your Form DS-82 before October 4, 2016, the IRS will not accept late submissions. (There are exceptions to this time limit for people who are unable to work within the timeframe specified in Form DS-82.)
What if I need to file more than one Form DS-82 for the same person?
If you are filing more than one Form DS-82 for the same taxpayer, the Form DS-82 will provide a total income and total deductions for each Form DS-82. If you file Forms DS-82 for the same taxpayer more than once, follow the instructions for Form DS-82(x) for the individual tax returns.
Can I claim the same deduction in multiple years?
Yes. If you claim the same item that a previous return allowed you to claim in your last return, the IRS will accept it for the new return.
Can I claim multiple deductions when I am married and file the tax return as a married couples filing separate returns?
You can only claim deductions for each item as a separate item on your tax return.
Can a dependent claim more than one nonprofitable item on Form 1040?
If a dependent claim more than one item, be aware that the items can be different. For example, if the dependent is claiming a medical expense on Form 1040 (or claiming a medical expense on Form 1040EZ and a dental expense on Form 1040NR), those items must have the same amount of allowable deduction under section 163(e) or section 164. If the cost of the medical or dental care does not exceed the dollar amount shown on the medical expense deduction portion of item A, and the costs of the medical or dental care exceeds the dollar amounts shown on item B, the deductions shown on item B may be smaller than the allowed medical or dental reimbursement amount. Likewise, the deductions from item A may be smaller than the amount shown as medical expenses on item B.
The same rule applies to expenses for medical care of eligible dependents. For example, if an eligible dependent is claiming a medical expense on Form 8862, the total amount of allowable medical reimbursement is included on item A.
Can I create my own Form DS-82?
Yes. You must create a Form DS-82, or a Replacement Form DS-82, if you have a form with an itemized deduction limit.
What should I do with Form DS-82 when it’s complete?
Form DS-82 should be attached to any document that you write, regardless of when you wrote it.
Form DS-82 should be included in the envelope of any signed documents. When you attach Form DS-82 to a paper or other document, you are required to complete both the Form DS-82 and the signature part of the document. This ensures that your signature appears under the signature section on the document. Your signature must be clearly legible and be an exact copy of your signature on the original.
Note: If you have more than one Form DS-82, you can use one or all of them instead of a signature and Form DS-84. However, make sure to include the Form SS-4A.
What should I do with Form DS-84?
When you sign your name to a paper or other document that your signature looks like a sign, you are required to fill out the Form DS-84 only with the words, “Signature of Applicant (name) (date of birth and signature)” on the first page.
If your signature and address appear on other pages, sign your address at the top of each page. For example, if you sign your name first, then your signature can appear next to your name on other pages. However, if you type your address as your signature, then your signature should appear first on the other pages.
Do not sign the envelope or other enclosures of your document with your signature on Form DS-84.
What will happen if I do not sign the form?
For your signature to be legally binding, you are required to sign the form. If you are a minor (21 years old or younger), your parent or other legal guardian must sign the copy of the form.
If you write a blank entry, you are not required to sign it.
What do I do if I want documentation regarding my birth for an exemption from an itemized deduction? For information regarding the documentation you need to produce showing exemptions from itemized deductions, see Form 8860 and Publication 519.
What do I do if I need to get a tax transcript of my tax return when my federal income tax return is still pending? For information regarding the documentation you need to produce showing exemptions from itemized deductions, see Form 8860 and Publication 519.
How do I get my Form DS-82?
You will need to provide a copy of your current tax return as well as the latest 1040 tax form shown at the top of this page. The form can be faxed, emailed, or mailed to our office.
Can you get my tax return online?
We don't offer that service due to the high volume of requests we receive, and the lack of expertise in the field. However, you can upload your tax return or download copies.
You will need your previous tax return and 1040. The 1040 should be either on official paper or uploaded to our office.
What documents do I need to attach to my Form DS-82?
The documents you must attach to your Form DS-82 depend on the information you provided to us in the application. The most important documents must be:
Your most recent U.S. pay stub or W-2 form. If you are self-employed or married with dependents, you must also provide your U.S. passport showing the most recent address of each of your dependents. A copy of your most recent income tax return. You must include a copy of any form you filed that is for any tax year beginning in the previous 10 years even if you have filed no tax returns since the last year you filed. A copy of your most recent W-2 form or your tax-exempt interest or investment income tax return if you are an employee and have earned enough income for U.S. federal income tax exemption using Form 1040, 1040A, 1040EZ, 1040NR, 1040SA, 1040SS, or 1040-SS. You must provide a copy of the tax return if you filed this form before January 1, 2011 (for a Form 1040EZ, your return must be filed by March 15, 2011). If you are filing a Form 1040A or Form 1040EZ after March 15, 2011, provide proof that you have filed income tax returns before that date.
For more information on IRS requirements for Form DS-82, see Publication 526, U.S. Tax Guide for Aliens.
What happens if I fail to submit all the documents described above?
For information about when you can resubmit the completed Form DS-82, see the Instructions for Form DS-82, Application for Alien Relative/Resident Alien. If you did not use U.S. mail to send the documents to us, we will not process your W-2 or U.S. tax return and the withholding agent will take the payment. We will send you a Form W-7 explaining the reasons for not submitting any of these documents.
Where can I obtain further information about this form?
The information you provide on Form DS-82 is used only for determining your eligibility for a U.S. tax benefits. It does not affect your immigration status or your eligibility for any other types of tax benefits.
What if I need additional information from either the alien relative or from the U.S. Government?
For further information concerning filing tax forms for U.S.
What are the different types of Form DS-82?
They're what tax preparers use to report and remit your income taxes to the IRS. The IRS Form 1040 is what you will need to file your federal tax return if you have any income. The IRS Form 1040 is a paper form that you must sign and file with the IRS if you're working for someone else. It's the most detailed Form you may need to complete with the IRS, so make sure you've prepared it perfectly if you're new to doing business with the IRS.
Here is a complete list of the various types of Form DS-82:
Form DS-82:
Form DS-82 must be filled out before you can file IRS form 1040 or 1040A. This form must be signed under penalties of perjury.
Form DS-82:
Form DS-82 must be filled out by the (payer) of the contract, not the employee. It includes information regarding the goods or services performed by the employee. If the payment is less than 600, use Form DS-79 for a single payment or Form DS-84 for a payment of more than 600.
The amount on Form DS-82 must be more than 25,000, and it must be entered on the back of the Form 1040 or 1040A.
Form DS-82:
Form DS-82 is an electronic document. However, if you're using a paper check or credit card to withdraw money from your bank account (to pay for things such as tuition), you should use Form DS-746 instead of Form DS-9.
There are several types of Form DS-82 that are used to record your income.
Form DS-82A:
Form DS-82A is an electronic document used for reporting income. You need this form if you're registering with the government for the first time.
Form DS-82B:
Form DS-82B is an electronic document that's filed only if the Form 1040 or 1040A is missing one or more fields or the information is inaccurate.
Form DS-82C:
Form DS-82C is an electronic document filed only if the Form 1040 or 1040A is missing one or more fields or the information is inaccurate.
How many people fill out Form DS-82 each year?
Each year, the IRS receives approximately 1 million Form DS-82, representing about 30,000 requests for refund, and it takes several months to review each of these for accuracy and completeness. We're not able to comment on each of the 1 million requests we receive because each and every request comes with its own unique set of challenges. For each case, we review and process a few claims for a variety of reasons, including our interest in helping taxpayers with incomplete claims that have been filed timely or made while under other tax obligations. We are not able to comment on how we select the claims we receive for review.
What is the total cost of processing my Form DS-82?
The amount of time and manpower required to complete a Form DS-82 generally depends on many factors, including the complexity of a taxpayer's return, the taxpayer's filing date, the complexity of the information we need to obtain from the taxpayer, the number of requests received by the IRS, the number of requests we'll need to hold for review, and other factors. For example, if a taxpayer seeks a refund for a tax year 2012 and the return was filed and completed on June 21, 2014, an initial review will take approximately 8 weeks. This means that processing a request for refund for this tax year would require about 28 hours of work and a total of 4,300 hours. The IRS expects this process to continue throughout the year and for as long as we receive requests for refund for other years. Because the IRS considers any errors and omissions found in a return of this complexity to be errors and omissions, taxpayers do not owe federal income tax again or owe a penalty for these errors. We encourage taxpayers to refer to their tax return for instructions on how to file.
Can anyone file for a Form DS-82?
Yes. The IRS welcomes all taxpayers. You may send us a Form DS-82 by mail by completing Form DS-82 or attaching a copy to your letter. Or you may also file Form DS-82 electronically using our IRS e-file. If you file Form DS-82 online, you can apply for a Form DS-82 electronically and pay your tax liability by using My Federal Tax. If you choose to file in person, use a computer or paper to complete the required portions of the form.
Is there a due date for Form DS-82?
As of March 11, 2009, you must file Form DS-82 with your federal income tax return each year for the taxable year and the 10 immediately preceding taxable years. The due date for the following years is April 30: 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, and 2015. You also need to file Form DS-82 for each year immediately preceding the current taxable year.
Who is required to file Form DS-82?
You are required to file Form DS-82 for the taxable year and the 10 immediately preceding taxable years. You must file Form DS-82 for the tax year beginning in the 11th month after you file Form 1040. For the following years you must file Form DS-82 for the year immediately preceding the present day. Taxpayer must file Form DS-82 even if a request for extensions in respect to that year was issued during the year the Form DS-82 was filed. See IRS.gov/FormsAP/cancellationAP.
How do I make sure I have met my deadline?
To avoid late filing penalties, you must file Form DS-82 by the deadline shown on the instructions. See the Instructions for Form DS-82 for information on the due date for Form DS-82.
What are the penalties for filing late?
Failure of the following five requirements to file Form DS-82 on or before the due dates may result in a penalty of 50% of its net present value.
Failure to file Form DS-82 with the required extensions, penalty, or other instructions.
Failure to correct any errors that materially affect the filing due date.
Failure to file Form DS-82 by the due dates, penalty, and/or other instructions.
Failure to pay the tax due on time.
Failure to file timely or correct the late payment by the due dates, penalty, and/or other instructions.
Withholding of refund of tax due.
Where do I fill out and send Form DS-82?
Use IRS.gov to file Form DS-82. The full instructions at IRS.gov/FormsAP/formDS82 help you complete Form DS-82.
With your application, you indicate whether your application is for an exemption or a certificate under the Child Tax Credit Improvement Act of 2003.