Dear Atlanta Tax Expert,
I came to US in 2002 as F1 student.I filed the 8843 Form for the 2002 and after that some how I missed all the consecutive years 8843 forms, since I had no employment.Now I have graduated in Dec 2004 and then started working on OPT until dec 31st 2005.My H1 started on 1st of Jan 2006.

I got my W2 and now I am completely confused as how to deal with my previous Form 8843's for 2003 and 2004 years.

Can I file them now along with my 2005 returns or is it too late for anything possible now.If I file the 8843's now will IRS imposes penalities or is there any danger to my status. Many of my friends have also not filed the 8843 forms, but they say nothing will happen and it's not a good idea to file the 8843's for 2003 and 2004 now, because I will get caught now.I had no employement on campus , In fact I had no income until I graduated.So I owe no taxes and IRS owes me no refunds, how to deal with a situation like this.

Kindly help me in this matter, is there any provision from IRS that I can amend the previous 8843 Forms for 2003 and 2004 with 2005 Tax return.
Thanks in Advance.
Penchala

Penchala:

File just one Form 8843 for 2005. Filing for 2003 and 2004 at this late date would be redundant.

For the 2005 income tax, file as a non-resident (Form 1040NR or 1040NR-EZ).

Thanks a Lot Atlanta Tax Expert, Now I am in a quite relief. I will file the 8843 for 2005 and also the 1040 NR-EZ.
Thanks Again...

Glad to help!

One question, would it be advisable for her to file form 8843 anyway for the years she missed filing in case somebody would ask for proof later that they were actually submitted? Is there a penalty for filing them late?

There is no penalty because there is no tax due. So technically you could file them late (for previous years). I am just not sure how it would work out practically.

Vaya

There is no practical value for filing past-year Forms 8843, which is why I said only file for 2005.

The IRS has enough paperwork to process. Let's not irritate them with more! :-)