I am on F1 visa. Last year I did my OPT and this year I am back to school full time while still working (CPT). I believe I filed regular tax return last year but I just found out I should have used a form 1040NR (for non-residents). I didn't do so last year, what should I do now?

You need to amend the return using Form 1040X, and attach a properly-completed Form 1040NR or 1040NR-EZ PLUS Form 8843 to the Form 1040X.

Print the word "AMENDED" on the top of the first page of the Form 1040NR or 1040NR-EZ.

Sign BOTH the Form 1040X and the Form 1040NR or 1040NR-EZ.

Specifically ask that the IRS re-instate your non-resident alien status in the COMMENT section of the Form 1040X.

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Thank you for a quick response! Will that mean I have to pay some money back since I got a little refund both years? Also in that case, can I regularly file my taxes this year or should I fix previous years first? Secondly- I heard that as a non-resident, I should not have SS and medicare tax withheld from my paychecks, is that true? How should I go about that?

You probably WILL have to pay some added tax. It depends if you qualified for any credits that you would NOT get as a non-resident alien.

If you are still on OPT, you are still an F-1 student, which means you file Forms 1040NR-EZ and 8843.

What is the difference between 1040NR and 1040NR-EZ? Do I fill out whichever?

The Form 1040NR-EZ is easier to complete.

Hi ATE,

I came to US on 21 July, 2011 on H1B visa and is in US since then. I filed my return through an online software and got refund by IRS in my bank account in a week. After that I got a 1099 INT form from my bank of $125. I contacted a local CPA in my city(TX) and filed an amended tax return on 1040X declaring 1099 income and sent the difference amount check along with to IRS.

I am single and have no dependent. I was not aware of 1040NR and now got to know about it through a friend.

My question is that do I need to again file an amended return using 1040NR/1040NR-EZ. Also, if I don't file the amended return again using 1040NR/1040NREZ will that affect in my Green Card processing.

Please help me and give me correct advise. I am also leaving for India in second week of April.

Thanks

Yes, you DO need to submit a SECOND amendment.

In doing so, you get to DELETE the $125 in interest because non-resident aliens are NOT liable for taxes on interest.

Hi ATE,

Thank you very much for the quick response.

I would also like to know that is there any difference in the return amount while filing on 1040 and 1040NR means on which form we get maximum return amount - 1040 or 1040NR?

Thanks & regards,

MOST of the time, the Form 1040 generates a higher refund because of certain credits for which non-resident aliens are NOT eligible.

For tax calculations, they are the same.

I filled 1040Ez instead of 1040NR-EZ right now I am getting 13_ _ $ instead of 11_ _$ almost 200$ more in 1040EZ I filed last night through www.taxact.com that to in online after submitting it. Today I got to know that I have to fill 1040NR-EZ not 1040EZ what should I have to do now ?

I read your blogs completely but the thing is you ask us to attach 1040X (as amend ) form and ask to file 1040NZ- ER AS paper document not online can I download form and fill and mail to IRS is that fine or I need to go through from starting what should I have to do right now pleas guid me right now my status is OPT (past 2 years I files as 1040NR-EZ and 8843 in my school but right now I got job like 4 months ago and I was student like 8 as fulltime student for acadamic year 2011)

You file BOTH the Forms 1040X AND the Forms 1040NR-EZ and 8843.

All of the forms MUSt be mailed.

If you mail the amendment with the check before 17 April 2012, no interest and no penalties will be charged.

MOST of the time, the Form 1040 generates a higher refund because of certain credits for which non-resident aliens are NOT eligible.

For tax calculations, they are the same.

Hi ATE,

I contacted the CPA who prepared my 1040X form with $125 included. I asked him to again amend my return on 1040NR-EZ but he said that you don't need to file any more amendments this year as you are good.

What should I do?

Is he saying this because we can also amend our return up to 2 years or I really don't need to file a 1040NR-EZ?

You DO need to amend the return, but it is NOT time-critical. You can wait for a few weeks, giving your CPA time to clear out his backlog of work for this year.

BTW, this assumes the CPA knows that he screwed up and he KNOWS you need to amend. If he does not, find yourself another tax professional.