Hello,

I entered US in August 2001. I was on my OPT (Student VISA) till Oct 2004 and then on my H1B. My Social Security and Medicare were deducted on my OPT . For my 2004 tax return I filed 1040A form. I used the software taxact and I did not realize that I have to file 1040NR.

To get the refund for my SS and Medicare deductions, I filed form 843. I did not hear from IRS on refund so I called them and found that they have rejected my 843 refund case because I did not find 1040 NR form.

What do I do now. How do I revert the tax return I filed. Can I file 1040X.
Please advice.

Thank you,
JP

AtlantaTaxExpert

JP:

You can revert back to Form 1040NR by filing an amended return (Form 1040X) and attaching a Form 1040NR to the Form 1040X and filing it with the IRS center in Philadelphia, Pennsylvania.

Your should do this amendment for tax years 2002, 2003 and 2004 (it is too late for 2001). Once the IRS accepts the amendments, you can then refile Form 843 to request a refund of Social Security and Medicare taxes for tax years 2002, 2003 and 2004.

Be sure to review IRS Form 519 to ensure you include all the required documentation when you file Form 843.