Hello,

I am currently on F1 status , resident of India and last year, I filed the taxes using taxhawk.com. I got a refund of 931$ where as the W2 shows a withheld of 800$ only. Didn't realize that till now when I got this year's W2. I think the taxes were not filed using 1040-NR and thus got some extra money. Now what shall I do? Will this be a problem to my status? How shall I rectify the mistake I did last time with the taxes I am filing this year?

Please help me out from this problem.

Thanks,
Ram

Ram:

This is actually a common mistakle among international students.

You need to amend the return using Form 1040X and attaching a properly-prepared Form 1040X and Form 8843 to the amendment. In the Form 1040X, explain your error and ask that the IRS reinstate your non-resident alien status.

This is important for TWO reasons:

1) As of right now, the IRS considers you to be a resident alien. If you do not rectify the situation, when you start working on OPT, you MAY be liable for FICA (Social Security and Medicare) taxes.

2) Though you made a good-faith effort to pay your taxes, you filed incorrectly. If and when you file for a green card, the USCIS will ask about whhen and how you filed your tax returns. When they discover the error, you will be required to amend the returns, and the extra tax will have a number of years of interest and penalties attached to the final payment. A small $131 deificits could be several thousand dollars five years from now.

Best to fix the problem NOW while it is manageable. If you come forward on your own, the IRS will charge only interest (required by law) and should waive any penalties.