Hi,

I think I am in big trouble due to the wrong tax submission.
As a F1 student, I used turbo tax software (NOT 1040 NOT 1040NR)to do my tax last year and I now realize that it is WRONG! I am trying to fix the mistake ASAP. What should I do now and how should I file my taxes this year? I am a student from India and I just graduated. I am going to work on my OPT this year.

Yes, you made a mistake in filing as a resident using TurboTax. You should have file Form 1040NR-EZ with Form 8843.

No, you are NOT in big problem; it is a VERY common error made by foreign students.

Yes, you SHOULD fix it by amending the return with Form 1040X and attaching properly-prepared Forms 1040NR-EZ and 8843 to the Form 1040X, with the word "AMENDED" printed on the top of page 1 of the Form 1040NR-EZ.

If you did NOT claim any credits (education credit/deduction or Making Work Pay credit), then it is likely you owe NOTHING when you file the amended return, because Indian students can claim the $5,700 standard deduction.

If you DID claim those credits, then you will need to pay them back. Be sure to ask on the Form 1040X that all penalties be waived. The IRS typically DOES waive the penalties if you come forward voluntarily to correct the error; unfortunately, by law, interest CANNOT be waived, but it will not be much.

If you need professional help correcting this problem, email me at [email protected].