[right05]

Hello all,

I filed 1040 ez for the past two years using turbotax and after reading some thread on this forum I understand that being on F-1 ,I wasn't supposed to file 1040-EZ.I have some questions about 1040x.
1. do I have to file 1040x along with my 2007 1040-NR or after getting my tax return?
2. I don't think there will be any change in the amounts. Do I have to attach 1040NR for 2005 and 2006?

Thanks for your help!

[AtlantaTaxExpert]

First, you should amend your 2005 and 2006 return using the Form 1040X and attaching a properly-prepared Form 1040NR or 1040NR-EZ to the 1040X.

Print the word "AMENDED" on the top of the Form 1040NR or 1040NR-EZ.

Once that is done, then file Form 1040NR or 1040NR-EZ ONLY for 2007.

[right05]

Thanks a bunch,ATE

[right05]

For state tax purposes , are students in F-1 considered as residents or non residents?
For federal tax corrections we have 1040x but do we have anything for the state tax correction? I live in Arkansas.
Thanks

[AtlantaTaxExpert]

It makes no difference for the state tax return, as the state's definition of resident versus non-resident is DIFFERENT than the federal definition.

As a visiting student, you are by definition a non-resident of the state of Arkansas, even if you were a U.S. citizen, if your home was in a different state or country. You should have filed a non-resident Arkansas state tax return.

If you did, you need do NOTHING, as you filed correctly.

If you did not, you probably still need to do nothing, because it is likely that there is no difference in the tax liability AND how you file for the state will have NO future consequencs should you decide to file for a H-1/H-1B visa or a Green Card. Amending the return would thus be administrative in nature and NOT be worth the effort and expense.

[MukatA]

right05 filed 1040EZ for 2005 and 2006 and gets standard deduction and exemption deduction. On 1040NR-EZ, in most of the cases (depends upon tax-treaty), only exemption is available with the itemized deductions.

[right05]

MukatA

Does that mean I owe them any money ? I am from India so the tax treaty applies to my case...

Thanks

[AtlantaTaxExpert]

Since you are from India, you CAN claim the same standard deduction as resident aliens and U.S. citizens.

That is provided for under Article 21 of the U.S.-India Tax Treaty.

Hence, you probably will NOT have to pay additional taxes.

But you should still amend the return to set the record straight.

I can help you with this professionally for a very reasonable fee. If you are interested, contact me via email.

[right05]

Thanks ATE,
I just sent you an email.

[AtlantaTaxExpert]

And I just answered.

[right05]

I understand I need to send in 1040NR forms for my 05 and 06 returns along with 1040x. My question is should I use the 1040NR forms for the year07 or should I get hold of the old 1040NR forms ?

[AtlantaTaxExpert]

You need to use the 2005 and 20006 Forms 1040NR.

You can download them from Home - 1040.com.