Hi

I'm orginally from India.
Came here first Jul 2002.been filing 1040NR-EZ.
was on F1 and OPT through out 2005.
H1 on March 1 2006.
I filed 1040 for 2005 as a resident alien thinking I cleared substantial presence test (well, i was in the country for the year)!!
I have to get a social security/ medicare refund from 2005.

What do I do now?

Does changing my tax return to NR have a negative impact on my current status with the INS?!

Please help!!

Nik.

Nik:

No, changing your return to NR status (by filing an amendment using Form 1040X and attaching a Form 1040NR-EZ) will NOT affect your status with the INS. It WILL enable you to claim the refund of Medicare and Social Security taxes via Form 483.

Thanks a lot!
Is there a deadline for filing in the forms 843 and 8316 for social security and medicare refunds? I couldn't find anything concrete on this.

Yes, there is a deadline, but it is almost three years from now (April 15, 2009). Try to get it done as soon as possible, but there is no rush.

Thanks again!

I realized with the new 1040NR i needed to file, my fed taxes didnt change but I owed x amount in state taxes...is it too late to send in the cheque?!

It's never TOO LATE to pay your taxes.

Now, the state may hit you with a late fee, but it probably won't be too much.

The fee gets worse the longer you wait, so go ahead and pay the tax.

Thank you for your patient and informative replies!!

i calculated it - instead of a $36 refund, I should get a $1 refund!?!!
:confused:

More problems -
I mailed in my 1040X and changed 1040NR...I was looking at the photocopies of the forms and realised a typo with the gross income from wages, salaries,etc. on my 1040x. The 1040NR-EZ is correct.
For example :
instead of gross income on original = xx300, increase or decrease amount =0, corrected amount= xx300
the form shows gross income on original = xx300, increase or decrease amount =0, corrected amount= xx600
But all the calculations on the form are correct and with respect to xx300.
Do I need to file in another 1040x for my orig 1040x, or let it be?

Whew!

Let it be for now; the IRS may catch the error. If not, you can correct it down the road, say in about three months.