Hi

I'm orginally from India.
Came here first Jul 2002.been filing 1040NR-EZ.
was on F1 and OPT through out 2005.
H1 on March 1 2006.
I filed 1040 for 2005 as a resident alien thinking I cleared substantial presence test (well, i was in the country for the year)!!
I have to get a social security/ medicare refund from 2005.

What do I do now?

Does changing my tax return to NR have a negative impact on my current status with the INS?!

Please help!!

Nik.

AtlantaTaxExpert

Nik:

No, changing your return to NR status (by filing an amendment using Form 1040X and attaching a Form 1040NR-EZ) will NOT affect your status with the INS. It WILL enable you to claim the refund of Medicare and Social Security taxes via Form 483.

nsr_ifriend

Thanks a lot!
Is there a deadline for filing in the forms 843 and 8316 for social security and medicare refunds? I couldn't find anything concrete on this.

AtlantaTaxExpert

Yes, there is a deadline, but it is almost three years from now (April 15, 2009). Try to get it done as soon as possible, but there is no rush.

nsr_ifriend

Thanks again!

I realized with the new 1040NR i needed to file, my fed taxes didnt change but I owed x amount in state taxes...is it too late to send in the cheque?!

AtlantaTaxExpert

It's never TOO LATE to pay your taxes.

Now, the state may hit you with a late fee, but it probably won't be too much.

The fee gets worse the longer you wait, so go ahead and pay the tax.

nsr_ifriend

Thank you for your patient and informative replies!!

i calculated it - instead of a $36 refund, I should get a $1 refund!?!!


More problems -
I mailed in my 1040X and changed 1040NR...I was looking at the photocopies of the forms and realised a typo with the gross income from wages, salaries,etc. on my 1040x. The 1040NR-EZ is correct.
For example :
instead of gross income on original = xx300, increase or decrease amount =0, corrected amount= xx300
the form shows gross income on original = xx300, increase or decrease amount =0, corrected amount= xx600
But all the calculations on the form are correct and with respect to xx300.
Do I need to file in another 1040x for my orig 1040x, or let it be?

Whew!

AtlantaTaxExpert

Let it be for now; the IRS may catch the error. If not, you can correct it down the road, say in about three months.