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Form 12277 Illinois: What You Should Know

Your nonresident alien Form 8858 with your nonresident spouse, and Form W-2 from you will not be filed until the fourth week of your tax return filing period. ​ You will first need to file Form 8858, Nonresident Alien Tax Return. If you did not file a Form 8858, you can download a Form 8858 for use at the nonresident alien filing site. For more information see FAQ #20, “The Nonresident Alien Tax Return.” You will also need to file an amended copy of Form 8858, Nonresident Alien Tax Return, to replace the Form 8858, Nonresident Alien Tax Return for the 2023 tax year. A few of the items that must be amended to make this filing work include your Form 8858, the nonresident alien spouse(or former spouse) Form W-2, the nonresident alien child's Form 1040, and your Form 1040A/Form 1040NR. ​For more information on Form 8858, see FAQ #17, Filing Nonresident Alien Tax Returns, or look here for further guidance. You may also receive notices from the U.S. Government. Please visit the U.S. Government Notice Regarding Filing a Form 8858, Tax Filing With Alien and the U.S.

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