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zoom2007 · Feb 8, 2007, 06:58 PM

Hi,
I'm an international student on F-1 Visa.
For the year 2003-2004, I worked on campus, and filed form 1040NR-EZ and only partial refund of tax withheld.
For the year 2004-2005, I went on taxAct.com and filed 1040A, and was able to get a 100% refund.
This year, I do not know which form to file. I'm afraid I might have done something wrong last year. Did I? How come different forms give different refund amount? Which one should I be using? Was I not supposed to get a 100% refund? I want to be careful because I don't want complications later on since I'm applying for H-1B.
Please help.

Thank you so very much!
-z

AtlantaTaxExpert · Feb 8, 2007, 09:48 PM

DT:

As a student on a F-1 visa, you were not supposed to file the Form 1040A. You should amend the return using Form 1040X and attach a properly completed Form 1040NR-EZ to the 1040X. Print the word "AMENDED" on top of the Form 1040NR-EZ. Explain your mistake on page 2 of the Form 1040X and ask to have your non-resident alien status restored.

BTW, which country are you from?

Once you amend the return and get acknowledgement from the IRS that they have processed and accepted your amended return, then file Form 1040NR-EZ for 2006.

If you want my professional tax help, contact me at [email protected].

zoom2007 · Feb 8, 2007, 10:00 PM

Hi, I'm from East Asia.
Thank you, Atlanta expert, for your answer. Please answer just a few more questions:

If I do not amend last year's filing, what will be the consequence?
I did submit my social security number, shouldn't IRS know if I filed the wrong form? This is their fault?

You said I need to have my status as non-resident restored. I never intended to change my status. I don't even know what my status is right now. How do I check? Should I be a resident now after staying for 3.5 years?

If I do amend, will they simply deduct the amount I owe from this year's refund?

Thanks so much, your help is IMMENSELY appreciated.
-z

AtlantaTaxExpert · Feb 8, 2007, 10:25 PM

The IRS has limited resources and cannot track every return.

When you filed the Form 1040A, you effectively declared that you were a resident alien. Not amending it could have adverse effects on any future attempt to achieve immigration status (green card).

Your F-1 visa makes you an "exempt" individual for the first five years in country. After five years, you become a resident alien.

If you amend and end up owing money, they WILL deduct it from this year's refund.

zoom2007 · Feb 8, 2007, 10:29 PM

Wow. I guess I got some really bad advice from friends who suggested taxAct.com. Beware guys. I knew I couldn't just get 100% that easily.

Thanks Atlanta expert.

AtlantaTaxExpert · Feb 8, 2007, 10:34 PM

Glad to help!

AtlantaTaxExpert · Feb 8, 2007, 10:35 PM

TaxAct is a good program and good website! I know because I use their professional software!

However, they do NOT address tax issues for international students or foreign nationals very well.

intlstudent2006 · Mar 24, 2008, 08:00 AM

Originally Posted by AtlantaTaxExpert

TaxAct is a good program and good website! I know because I use their professional software!

However, they do NOT address tax issues for international students or foreign nationals very well.

Hello Atlanta Tax Expert,

Greetings! Mine is the same case. Yesterday I e-filed form 1040A and 8863 using TaxAct.com and realized that I am not suppose to file those forms being an International student last year (2007).

First of all, let me thank you and others for this post and answers in this post. I will fill out the 1040X form and send it along with the forms (1040NR-EZ and 8843) that I am supposed to submit.

I have one important question before I send the forms. Am I suppose to also attach the forms (1040A and 8863) forms that I submitted electronically, since it mentions in the instructions on Part II Explanation of changes on 1040X ('Attach only the supporting forms and schedules for the items changed')?

Thanks in advance. Quick response will be really appreciated.

Regards,