RSK_India
Apr 16, 2015, 10:23 AM
I was in US on H1B visa from 2011 to June 9 2014. I filed my 2014 returns from India through online software which filed it as 1040 with status married filing Jointly.
Now, I have read some posts indicating that I should be filing 1040NR as I was not present in US on last day of the year. Hence I should amend using 1040X and file a 1040NR instead.
Issue is that 1040NR has to be filed with status married filing separate. Hence following questions -
Which form should I use to file my returns - 1040 or 1040NR
If 1040 NR I should amend my returns - but as per IRS guideline, I cannot change my filing status after April 15 filing deadline. So how can I file 1040NR with different status?
My wife also had some income with federal tax withholding and she must file amended return as well. Now, with 1040NR, our tax liability is higher and hence part of the refund we received must be paid back - how do we divide the refund on the joint return to the separate returns?
Now, I have read some posts indicating that I should be filing 1040NR as I was not present in US on last day of the year. Hence I should amend using 1040X and file a 1040NR instead.
Issue is that 1040NR has to be filed with status married filing separate. Hence following questions -
Which form should I use to file my returns - 1040 or 1040NR
If 1040 NR I should amend my returns - but as per IRS guideline, I cannot change my filing status after April 15 filing deadline. So how can I file 1040NR with different status?
My wife also had some income with federal tax withholding and she must file amended return as well. Now, with 1040NR, our tax liability is higher and hence part of the refund we received must be paid back - how do we divide the refund on the joint return to the separate returns?