Hi
I filed 1040 through turbotax instead 1040NREZ/1040NR. Is it unlawful to file 1040 ? Someone suggest me what to do.

Thanks
dealsboy

runaway

When did you filed your return?Did you get a REFUND?
One of my friends filed 1040 instead 1040NR and everything was fine.
Do not worry.
Yes it is not legal,but If you not gonna reside in US you should care that much.
Good luck

dealsboy

I got my refund. Now I am planning to change my filing to 1040 NREZ. I want to know the procedure to do that. If you have any information let me know.

runaway

When did you file?
Which day of this year?
Did paid SS and Medicare taxes when you filed?
I will explain you on PM how to correct you 1040.

AtlantaTaxExpert

DealsBoy:

If you are a non-resident alien, you should file Form 1040NR/1040NR-EZ.

However, most non-resident aliens have the option to file Form 1040.

I would need to know a lot more to advise you on which way to go.

dealsboy

Hi AtlantaExpert

Thanks for the reply.

Actually I was in school on F1 Visa until Dec 2004. Now I am working on OPT. The previous 2 years I filed 1040NREZ. As I finished school, I thought I could file 1040 and did that through Turbo Tax. I got my refund too. My wife had also come to US in November 2004 on F2 visa. I did not include her name and filed 1040 as single. I had also filed for refund of SS and medicare taxes which were held by my employer where I worked as Intern for 1 year.But I did not get a refund from IRS. They had told me they could not give me refund because I filed 1040. Do I have to file my wife returns as she is not working or not earning any income.Do I have to change to 1040NREZ.

Your advice would be very valuable.Thanks in advance.

AtlantaTaxExpert

Dealsboy:

First, you will have to amend your 2004 return using Form 1040X and attach a Form 1040NR or 1040NR-EZ; there should be no difference in the amount of taxes you pay. Mail that to the Philadelphia IRS Center.

Once they acknowledge receipt of the amended return, then re-file the request for refund for the Social Security and Medicare taxes. It should then go through.

As for your wife, if you are a citizen of India, you can claim your wife as a dependent on the Form 1040NR/1040NR-EZ. If not Indian, then you cannot claim your wife as a dependent.

dealsboy

Thanks for your immediately reply. Sorry for not able to reply you immediately as I was out of station.

I am going to amend my returns using 1040x as per your advice. I will let you know what the outcome is.


dealsboy

dealsboy

Hi AtlantaTaxExpert

I amended my return using 1040X and filed 1040 NREZ.As I amended my return I never filed 8843 for year 2004. Is it ok to file 8843 now for year 2004. I also have to do the same thing for my wife. As she didn't have a ITIN I never filed 8843 for her.

I got my H1B on OCT 1 2005. So, Do I have to file as Non Resident for year 2005 ? I am from India and I know that I can claim my wife as dependent. Will I save any amount if I claim her as dependent for year 2005. The reason I am asking is I have to file 1040NR instead of 1040NREZ to claim her as dependent and also file for her ITIN.

Please advise what is the best way to do.

Thanks for all your suggestions and help.

dealsBoy

AtlantaTaxExpert

For 2005, you must file either as a dual-status alien or as a resident alien under First Year Choice (which means you cannot file until June). Read other posts for details or download IRS Pub 519 from www.irs.gov.

You can file the Form 8843 for 2004 if you wish, but the IRS will not track you down and deport you if you do not, especially if you opt to file as a resident alien for 2005.

If you claim your wife as a dependent while filing dual status, you get to claim her $3,200 personal exemption. However, if you wait until June to file as a resident alien under First Year Choice, you get to claim her $3,200 personal exemption plus get an additional $5,000 on your standard deduction.