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ApplePie · Feb 9, 2006, 06:47 PM

I'm a j1 student doing hospitality training right now.
I filed 1040ez instead of 1040nr. I didn't know about that at all.
What should I do?
I filed tax return year in 2002 as well. But I don't know if I did right or wrong
Because that time I received $3. my friend filed it for me. I was on F-1 status that time.

Do I need to file again with whole new form?
What if I don't because both of federal,state got accepted and I actually got money refund from state already.

Do I need to give money back and get new refund?

I used to software to file 1040ez and I was trying to fill out 1040nr-ez by myself.
In that form, there is no standard deduction filed, only itemized deduction field. So 1040ez I was getting some refund, but in 1040nr-ez I actually owed some money.
Is my tax retun amount for 1040ez and 1040nr-ez should be same?
I was wondering if I can apply$5000 standard deduction for 1040nr-ez as well.
If so, which field?
Please help me. Thank you.

AtlantaTaxExpert · Feb 9, 2006, 08:46 PM

Apple Pie:

What is your nationality? How long have you been in the U.S. and under what visa?

Need this info before I can answer intelligently.

ApplePie · Feb 9, 2006, 09:00 PM

Thank you for your quick reply
I'm Korean(South Korean)
I came here under J-1 visa on April 8,2005.
I'm getting training at the hotel as front desk agent. I think my hotel considers me as a student(or trainee).
I will be here until April or October this year.

Before then, I was here under F-1 Visa from Jan 2,2002 to May 7,2003(this is when I filed my last tax return).

And I was here with B1/B2 from June 18 2003 to August 25 2003, and march 2005 for about 2 weeks.

I think I'm a non resident alien, and when I filed my 1040ez, I didn't know about resident or nonresident at all.
What should I do?
Thanks for your time expert.

AtlantaTaxExpert · Feb 9, 2006, 09:54 PM

Apple Pie:

I agree that you are a non-resident alien.

However, my research indicates that since you are a student under training, you are entitled to a treaty exemption of $5,000. Since that matches the standard deduction, your tax bill would be no different whether you filed as a resident or a non-resident alien.

Technically, you should amend your return using Form 1040X and attach a Form 1040NR-EZ to the Form 1040X. However, since you will be leaving the U.S. sometime later this year, you can probably just ignore the problem. While you have not filed in the correct fashion, you did file a tax return and paid the appropriate amount of tax. It is likely the IRS will not even notice the discrepancy and challenge the return.

ApplePie · Feb 9, 2006, 10:01 PM

Thank you so much for your reply

One more question for you.
I might get married to us citizen this year, then I won't be leaving the country.
Would this be a problem when I apply for green card the fact I filed wrong forms?

Regards,
.

AtlantaTaxExpert · Feb 10, 2006, 05:36 AM

Apple Pie:

I really do not think it will make a difference. The IRS privacy policies are pretty strict. They do not share data with other state or federal agencies without a court order, so the INS will probably not even know how you filed.

Catseyes · Feb 10, 2006, 09:22 AM

Applepie :

Your treaty exempts you for $5000, which happens to be the amount of the standard deduction for form 1040 and 1040EZ. Ok, with that.
Just make sure your employer/university did not make you fill a form that already exempted you from tax for the first $5000 you earned. Because, if they did, and you use a software for resident aliens, then, you take the deduction "twice": this way, the W2 only shows the money you earned after the 5000 exemption.
( If they did make you fill this form, you should have received a form 1042-S ).
Example: you are supposed to get $2500/month. There is a treaty which exempts you for $5000. If you filed the form with your employer on your first day, then for 2 months, you get 2500 "free" of tax. And then, for the remaining of the year, your paycheck is 2500 - taxes withheld . And your W2 will only show amounts received during the remianing of the year, and you get a form 1042S to show how much was exempt. And you have to include form 1042S with your 1040NR EZ.

If your employer didn't make you file this form, then you're fine because it doesn't make a difference.

I know some of my friends cheated like that at our university, so their refund is greater. That's why I know...

ApplePie · Feb 10, 2006, 10:27 AM

Expert, thank you for you reply.

Catseyes.
Thank you for your reply as well.

I haven't received 1042S yet. Should I wait?
When I started working, I remember I filled W-4 form. However I remember,
We(all international students no matter where they're from) all did as same way. I'm not sure what my employer did, however I do have my first pay check,and it shows I paid some of federal/state tax(looks like about 9%).
That means I'm okay. Right?

Thanks a lot.

AtlantaTaxExpert · Feb 10, 2006, 10:56 AM

Apple Pie:

Call and make sure you will be getting the Form 1042S. If you are getting it, then wait for it.

Catseyes · Feb 10, 2006, 11:09 AM

Applepie:

All forms are supposed to be sent before Jan. 31.
So I would say that you will not get a 1042S. And you also said taxes were withheld from your very 1st paycheck.
Even though you did not file the right form, at least, you filed.