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veshwar
Jan 20, 2008, 07:39 AM
Hi,

I am from india... filed a wrong form for 2006.

I should have actually filed 1040nr ez form... but I was not aware of it last year I filled out an online efile which I think is 1040nr or r. Now what should I do am on OPT rite now... and last year I was on f1. Will I get all my money back what should be the procedure...

Thanks.

AtlantaTaxExpert
Jan 20, 2008, 10:43 AM
You need to amend your 2006 return using Form 1040X and attaching a properly-prepared Form 1040NR-EZ with the word 'AMENDED' printed on the top of the Form 1040NR-EZ.

It is likely that you will pay NO MORE tax, but you also will NOT get any more of a refund. Still, you need to fix this, because, right now, your 2006 tax return is NOT CORRECT, a fact that may influenece whether you get a Green Card in the future.

MukatA
Jan 20, 2008, 10:58 AM
Hi,
I am from india... filed a wrong form for 2006.

i should have actually filed 1040nr ez form... but i was not aware of it last year i filled out an online efile which i think is 1040nr or r. Now wht should i do am on OPT rite now... and last year i was on f1. will i get all my money back wht should be the procedure...
thanks.

Nonresident return can't be efiled, so you must have filed 1040 or 1040EZ. On F1 visa, you are nonresident for 5 years and must file nonresident tax return. As you are from India, you will get exemption deduction and standard deduction.

During OPT also you are nonresident and income is exempt from FICA taxes.
As AtlantaTaxExpert has said, for 2006, you will file form 1040X (amended tax return) and your nonresident tax return. You will also file form 8843.

veshwar
Jan 20, 2008, 03:54 PM
Thanks,

I have one more question. I need to file 2007 tax return. So what do I need to do first. i.e. can I do both amenedment of 2006 fileing and a new filing for 2007.

Or do I need to wait till I get confirmation of last year filing corrected and do this years after getting confirmation.

And while amend 2006 tax . Is it like I need to fill 1040X , 1040NR EZ and 8843 forms for 2006. Is 8843 necessary for 2006 tax file change?

Thanks in advance.

AtlantaTaxExpert
Jan 20, 2008, 07:36 PM
Amend the 2006 return first; yes, Form 8843 IS needed.

Then file the 2007 tax return.