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modi_rushabh
Feb 29, 2012, 10:45 AM
I'm non-resident. I was an international student from India till 9/30/11 and was doing an internship. My employer didn't deduct medicare and social security taxes till I was an intern, because a treaty between India and USA (As per IRS Pub. 901) . From 10/1/11 I got work permit and I'm paying Social security and medicare.I have two W2 for 2011 tax year from the same employer. How should I file taxes?

For the year of 2010, I accidentally file 1040 instead of 1040NR through turbotax online and I also got the refund. During that period I was on OPT. Can I change that or should I require to change that?

For the year of 2009 I was a student and on F1, I didn't file my tax return at all. I was working on campus job. Can I file that return now?

AtlantaTaxExpert
Mar 1, 2012, 01:59 PM
For 2009, yes, you can file that return now and STILL get your refund. File Forms 1040NR-EZ and 8843 PLUS the state return.

For 2010, you need to amend the return using Form 1040X and attach a properly-prepared Form 1040NR-EZ plus Form 8843 to the Form 1040X. Print "AMENDED" on the top of the first page of the Form 1040NR-EZ. Specifically ask that your non-resident alien status be re-instated AND that they waive all penalties and interest (if you owe additional tax).

For 2011, you have NOT YET met the Substantial Presence Test,sofile Forms 1040NR-EZ and 8843 ONE LAST TIME.

All this assumes you are NOT married. If you are married and from India, then the guidance is somewhat different.

If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address and websites there.