Credits and immigration status

Question

Hello all,

First of all, thank you for this wonderful platform. As a tax newbie, I find this to be an excellent resource for getting answers.

I am a resident alien for tax purposes (on an F-1 visa; meeting the substantial presence test) and recently discovered that I claimed a tax credit on my state tax return (Hawaii’s refundable food/excise tax credit, which is available to almost everyone who was physically present in Hawaii for more than nine months during the taxable year). I was unaware of this because my tax software automatically generated the form and filled it out.

Am I eligible to claim this credit? I do not wish to receive any tax credits due to my immigration status, as I want to be cautious about using public benefits.

Thank you for taking the time to read this.

hl94 · Answer

This is a really helpful comment. I wanted to confirm this and thank you for doing that. Thank you!

MatthewD · Answer

Hello hl94,

The Hawaii Food/Excise Credit has very simple qualifications.  Here they are from the Hawaii Dept of Revenue.

* Be present in Hawaii for more than 9 months during the taxable year.
* Cannot be claimed as a dependent on another tax return.
* Not be in jail or a youth detention center

Here are some income limits:

* Federal AGI of less than $40,000 for Single and $60,000 for all other filing statuses
* Combined Federal AGI of less than $60,000 for couples filing married separate returns.

You must file within 12 months of the close of the tax year. You cannot amend after the deadline to claim.

There is nothing that says a Visa holder cannot claim it.  For more info, see this FreeTaxUSA FAQ.