Hi,

I am currently in Student visa (F1 ) in OPT. I have filed 1040 instead of 1040NR. And I have got stimulus package for which I am not eligible as I am a Non resident for tax purposes. So how do I fix this problem? Any help please?

On F1 visa you are nonresident for 5-years. You must file amended tax return Form 1040X, properly done nonresident tax return and Form 8843. On line 50 of form 1040NR, for other credit you can write stimulus rebate and enter figure in negative (xxx).

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I disagree in this case with MukatA. Line #50 of Form 1040NR is NOT INTENDED for use to return Stimulus Rebate checks. Make NO MENTION of the stimulus rebate on your Form 1040X or the Form 1040NR. Disregard it completely when preparing the Form 1040X and 1040NR.

When you submit the Form 1040X and Form 1040NR, prepare a separate letter to the IRS explaining that you received the stimulus rebate check in error. If you got the stimulus rebate in the form of a government check, attach that check to the letter and mail it with the Form 1040X.

If you got the simulus rebate via direct deposit, then write a SEPARATE personal check to "U.S. Treasury" for the stimulus amount, put your SSN on the check and attach it to the letter.

Time is of the essense here! If you cannot amend your return quickly (within the next 30 days), then return the stimulus rebate check with the cover letter immediately, mailing it to the IRS office at which you filed your return.

If you retain the check for any significant amount of time (over 60 days), the IRS will charge you interest and MAY assess penalties.

Hi,

thank you for the reply. I got rebate as direct deposit. So I need to send a check to U.S. Treasury" along with the 1040x and 1040NR and mail to as usual were I need to? ( In my case I think Texas. Please let me know if I am wrong) and also I have one more query. I have paid tutuion fee of around $3000 for my studies in US. Can I usethis to reduce taxable income in 1040NR? If yes how to do that? Can I include that when amending?

Yes. Make sure you write a SEPARATE check for the rebate check return.

As for the tuition cost, sorry, but non-resident aliens CANNOT claim tuition costs as either a credit or a deduction.

OK, you should write a separate letter and check for the refund of stimulus rebate. There is no need to wait for completing your amended tax return and send that along with it.