[raj_akavara]

Sir,

I filed my 2007 taxes using e file through turbo tax online. I received the refunds and the problem is later I got to know that a student in f1 visa has to file using 1040 nr which I didn't do. I also got the tax refund/rebate check on may 2 as I used 1040 form for filing my taxes. I am very much worried about this now. What I need to do if I have to rectify my mistake. Is there any problem with my visa status due to filing taxes using wrong form? How can I correct my mistake and be safe?Is there any other option for me to corect the mistake like using any amendment forms and filing ? Please help me as I am worried about this.

Thanks and waiting for your advice.


Raj

[MukatA]

1. You have received tax refund, and I don't think you received the rebate. Rebate means extra money due to 2008 stimulus tax rebate scheme.

2. Yes on F1 you must file nonresident tax return, and also as per U.S. India Tax Treaty. Your income is not subject to Social Security and Medicare Taxes.
Read about Tax Treaty for students: India U.S. Tax Treaty

3. You should file amended tax return Form 1040X, with properly done non-resident tax return and Form 8843.
Read about nonresident filing: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

[raj_akavara]

1. You have received tax refund, and I don't think you received the rebate. Rebate means extra money due to 2008 stimulus tax rebate scheme.

2. Yes on F1 you must file nonresident tax return, and also as per U.S. India Tax Treaty. Your income is not subject to Social Security and Medicare Taxes.
Read about Tax Treaty for students: India U.S. Tax Treaty

3. You should file amended tax return Form 1040X, with properly done non-resident tax return and Form 8843.
Read about nonresident filing: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

Thanks for the reply. I already got the direct deposit of the stimulus check also. Before this I got the refund amount as direct deposit. As a whole I got the original refund and the extra cash due to stimulus check as direct deposit. Now what I need to do. I f I need to fill the 1040 x and the 1040 nr attached to it, how can I send the money back. And in 1040 x form where can I mention that I am a non resident. Please give me instructions for filling the form and send the cash back to IRS. Previously I used turbo tax for e filing. Now as ineed to mail the amended forms where I need to send them. Iam a resident of New Mexico doing masters under f1 visa status. Please help me to come out of the situation. I really need immediate help.

Thanks for help.

[raj_akavara]

1. You have received tax refund, and I don't think you received the rebate. Rebate means extra money due to 2008 stimulus tax rebate scheme.

2. Yes on F1 you must file nonresident tax return, and also as per U.S. India Tax Treaty. Your income is not subject to Social Security and Medicare Taxes.
Read about Tax Treaty for students: India U.S. Tax Treaty

3. You should file amended tax return Form 1040X, with properly done non-resident tax return and Form 8843.
Read about nonresident filing: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

Sir,

I am confused whether I got the rebate money or not. Initially I filed the taxes for 2007 using turbo tax by 1040 form. I got the refund in 8 days. After a month on may 2 I got the deposit made into my bank account with an entry
US TREASURY 220 TAX REFUND . I previously also got the tax refund like the same entry as US TREASURY xxx TAX REFUND as number xxx is different from 220. Do I really got the rebate money or just my tax refund. If I got tax refund why I got it again for the second time. I paid a tax of around 400 dollars and got a refund of 900 initially. Later again I got tax refund on may 2 for an amount of 468 dollars. Please help me in this case.

Thanks
Raj

[MukatA]

If you have received stimulus rebate, then you must file your amended tax return soon. The rebate payment will equal the amount of tax liability on the return (tax liability on the return Form 1040 line 46 or Form 1040A line 28). So check your tax return to see if you have received the rebate or not.

You will have to find out from IRS, at which address you should send the rebate payment back

If you received the rebate, the chances of your getting letter from IRS are very high. Then you will have to pay it back with interest and penalty.
You will still have to pay it back with interest and may be with no penalty if you attach an explanation.

Do Form 1040X, 1040NR or 1040NR-EZ and 8843. Since you are from India, there will not be much difference on your taxes on resident return or nonresident return.

[AtlantaTaxExpert]

Agreed.

If you got the stimulus check for filing a resident tax return, then in the eyes of the IRS, you have committed TAX FRAUD!

Do NOT spend the stimulus check. Amend your return using Form 1040X with a properly prepared Form 1040NR or 1040NR-EZ and Form 8843.

Submit the amended return with a check for whatever tax is owed from the amendment ONLY.

Submit a SECOND check to return the simulus rebate, which should be for $600.

Do this ASAP, and request a waiver of all penalties. By coming forward voluntarily, the IRS will probably waive the penalties and may not bother to charge the interest under the de minimus principle.

If you wait for the IRS to determine that you got the stimulus check illegally, the fines and interest could EASILY DOUBLE whatever you would have piad had you come forward early.

Further, if they press the Tax Fraud portion of this issue, you could have your visa revoked.

[raj_akavara]

Agreed.

If you got the stimulus check for filing a resident tax return, then in the eyes of the IRS, you have committed TAX FRAUD!

Do NOT spend the stimulus check. Amend your return using Form 1040X with a properly prepared Form 1040NR or 1040NR-EZ and Form 8843.

Submit the amended return with a check for whatever tax is owed from the amendment ONLY.

Submit a SECOND check to return the simulus rebate, which should be for $600.

Do this ASAP, and request a waiver of all penalties. By coming forward voluntarily, the IRS will probably waive the penalties and may not bother to charge the interest under the de minimus principle.

If you wait for the IRS to determine that you got the stimulus check illegally, the fines and interest could EASILY DOUBLE whatever you would have piad had you come forward early.

Further, if they press the Tax Fraud portion of this issue, you could have your visa revoked.

Thanks for the reply. But I didn't understand what do you mean by

"Submit a SECOND check to return the simulus rebate, which should be for $600."

I got the rebate for 468 dollars, so when I amend my returns I need to attach a check of 468 dollars only. So why I need to add the check for 600 dollars. I just contacted the IRS and came to know that I need to send back the amount that I got for rebate only. So its 468 dollars only. Am I right?
Suggest and clarify.

[MukatA]

The rebate payment will equal the amount of tax liability on the return (tax liability on the return Form 1040 line 46 or Form 1040A line 28) with a minimum amount of $300 and a maximum amount of $600 for individuals. So you can easily find out that $468 is your stimulus rebate or not. Yes, if you only received $468, you will return $468.
Also you may have some tax due on the amended tax return. First of all do your 1040NR and 883 and then fill 1040X.

[AtlantaTaxExpert]

MukatA is correct. If your rebate check is $468, then return the $468 with the amended return.

If need help to amend the return, email me at the email address below.

[classic2008]

MukatA is correct. If your rebate check is $468, then return the $468 with the amended return.

If need help to amend the return, email me at the email address below.

Hello,
I have done the same mistake in the previous years, i.e. I filed wrong forms and got economic stimulus payment as a result. I know that I need to file 1040x and return $600. However, do I have to send the amenment form 1040x at a different address than the check of $600. Can you please tell me what addresses these two things will go to? Thank you very much.

[AtlantaTaxExpert]

Submit the Form 1040X to the address where you mailed the original return.

[SHAMMI_89]

My fedral holding is 5534.60 on w2 and the second one is 7986.45. Please tell me what should i be getting back? I am on h1 visa. I am in it field...

[AtlantaTaxExpert]

We need to know the WAGES in box #1 as well as the withholding in Box #2 to determine your tax refund.