Ask Experts Questions for FREE Help !
Ask
    cobol_c_java's Avatar
    cobol_c_java Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 9, 2009, 01:05 AM
    F-1 Student Filed 1040 Instead of 1040-NR
    Hello,

    I am an international student with a F1 visa and I have been in the US for less than 5 years and along with other criteria I qualify as a non-resident alien for tax purposes.

    My friend put me in touch with an accountant you does taxes and he has been filing the 1040 form instead of 1040 NR for the past 2 years and I happily received around $3K in refunds whereas I should have received only around $500 - $750 because of this.

    Now I know that I can rectify this situation (thanks to the many useful posts on this subject found in this forum) by filing a 1040X form. But I have 2 questions:

    1. If I file the 1040X, will I have to repay the extra money I received in refunds due to the erraneous filing during the past 2 years? This is a critical issue for me because, I cannot simply payback this money immediately.

    2. Since my accountant filed the taxes (he has put his name as the preparer in the tax form), does that provide me with some immunity from the IRS in case I am penalised for this error?

    Thanks a lot.

    C.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 9, 2009, 05:55 AM

    1. To amend your tax return, you must file Form 1040X with properly done nonresident tax return and Form 8843.
    2. You must pay tax due with interest and penalty. You can request for the waiver of penalty.
    3. No you do not get immunity except that you can request for waiver of penalty by explaining why this happened.
    Your accountant should do your amended return free of cost but I doubt that he/she has ever done F1 visa holder tax return.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Wrongly filed using 1040 ez instead of 1040 NR in f1 status [ 12 Answers ]

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...

What happens to those who filed 1040 EZ form instead of 1040 NR EZ? [ 2 Answers ]

What is the penalty or how the IRS will track those who are many filling the 1040 form instead of the 1040 NR. If you go online and use any of the software for taxes they don't option for NR so you end up using 1040 as resident. How this will affect these people? It is cumbersome to...

Filed 1040 EZ instead of 1040 NR-EZ [ 1 Answers ]

Hello I've been in the US since Fall 07. I am on a F-1 visa. I filed for my tax returns but instead of filing 1040 NR-EZ I filed 1040 EZ. My form has been accepted by the IRS. What shoud I do now? How do I rectify my mistake?

Wrong Tax form filed by f-1 student. Filed 1040 instead of 1040NR. [ 1 Answers ]

Hello, I am in a dilemma and I will really appreciate your help. I am a student/f-1 visa holder (non-resident alien). Last week I used an online website (File my taxes for FREE! with FreeTaxUSA) to file tax returns and realized that the website used Form 1040, and PA-40 - 2007 (for...

Filed 1040 instead of 1040 NR [ 1 Answers ]

Hello, I was working on my OPT during my year 2005. My H1 started in dec 3rd week of 2005. I filed 1040 along with schedule D for 2005. Should I amend and change to 1040 -X and also re-send my 1040 NR? If so, I have my 1040 sent to CA. Should the corrected form be sent to the same...


View more questions Search