Filed 1040 in 2005 instead of 1040NR: Which form should be filed for 2006?

Deepak101 · #1 Feb 23, 2007, 06:12 AM

Hi,

I came to the US in Fall 04 and since then have been continuously on an F-1 student visa. I filed form 1040NR-EZ for 2004, but for 2005 I hired a CPA who (without informing me) filed a 1040 on my behalf. In there, he claimed an education credit (or something to that effect) which effectively lowered my tax, in fact I got all my tax for that year refunded. However, while filing my taxes this year on my own, I correctly picked up form 1040NR-EZ, in which there was a question asking me which form did I use for last year. That is when I went back to the papers that the guy had sent back to me from my last year's return and realized the mistake.

So in such a scenario, please advise what would be the best way to proceed. If I file a 1040X with the correct NR-EZ for last year, I would certainly owe some money. Do I just send them a check for that amount along with the forms. Also will there be any chances of a penalty of some sort? Should I proceed, irrespective of this, with my 2006 return on an NR-EZ?

Thanks.
Dee

taxsearcher · Feb 24, 2007, 08:57 PM

And also go back to the CPA that got it wrong and ask him to pay the interest. And to file the amended return.

taxsearcher · Feb 25, 2007, 08:47 AM

Most good practitioners will correct an error (if it was clearly there fault).

My observation however is that most good practitioners will cover any penalty arising from their error. Some will also pick up the interest while others do not. The additional tax remains the clients responsibility.

Deepak101 · Feb 26, 2007, 09:08 AM

Thanks for the answers. As for my plan of action: I am filing an amended return for 2005 along with 1040X. However, since (as suspected) calls to the CPA's office are not getting returned in this regard, I think I am going to write him a letter asking his response/explanation for why he filed it wrong and why is he not returning my calls and attach a copy of that letter with 1040X which asks for explaining the reason for amendment. I guess this would make my case more convincing that at least from my end there was no intention of any wrong doing and so may help in avoiding any penalties. As for the CPA, since the IRS would have all his information on my last returned (e-filed), they might figure out a way to deal with him, that is, if they want to deal with him.

Any suggestions??

taxsearcher · Feb 26, 2007, 11:08 AM

Your CPA has no right to ignore you. He made an error plain and simple and should correct it. I would contact his office and not accept "no" for an answer. Tell them that you are going to file a complaint if you cannot get anyone to get back to you.

If you don't want to go through the CPA, then you can the amended return yourself and then write a letter to him documenting your situation and the error that was made and requesting that he cover penalties and interest.

DO NOT give up on this because you are clearly in the right and entitled to justice.



At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to: Get free answers from experts in any of our 300+ topics. Accept money for answers that you provide. Communicate privately with other members (PM). See fewer ads. Sign Up!