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siarud
Mar 9, 2010, 01:49 PM
I am a student in F1 visa for 5 years and filed taxes through forms as mentioned below.

2005 - 361 days - Tax form 1040NR-EZ
2006 - 365 days - Tax form 1040NR-EZ
2007 - 365 days - Tax form 1040-EZ
2008 - 320 days - Tax form 1040-EZ
2009 - 330 days - Tax form??

Now I learnt that I am supposed to file tax through NR-EZ forms. However, as per pub 519 of IRS I pass the residency test of 183 days.

Please some expert tell me should I amend the tax returns of 2007 and 2008 or as I pass the residency test I shall file 2009 year tax return also through 1040-EZ?
Thanks,
siarud.

MukatA
Mar 10, 2010, 06:01 AM
When did you enter U.S. on F-1?

siarud
Mar 10, 2010, 08:18 AM
I entered in the year 2005 Jan.

MukatA
Mar 10, 2010, 11:03 AM
In 2007 and 2008 you file resident tax return instead of nonresident tax return, which was a mistake.

On F-1 you are nonresident for 5-years and days on F-1 are excluded from residency test of 183 days.

siarud
Mar 10, 2010, 01:55 PM
In 2007 and 2008 you file resident tax return instead of nonresident tax return, which was a mistake.

On F-1 you are nonresident for 5-years and days on F-1 are excluded from residency test of 183 days.
Thank you for your reply. I will amend the 2007 and 2008 returns.

MukatA
Mar 11, 2010, 12:19 AM
File amended return with properly done nonresident return and Form 8843. If you owe tax, pay it. Also attach a Request for waiver of penalty giving reasons this happened.