Hi there,

I have filed 1040-EZ instead of filing 1040 NR-EZ for the year 2008 erroneously (I am an F1 student under OPT) and hence got a recovery rebate check of $433 (since I haven't got any stimulus last yr.. I shouldn't get it though !)

Now I found out that I need to file 1040X to amend my tax returns and send 1040NR-EZ along with form 8843 to IRS. But, since I got an over payment of $433 as recovery rebate check, how would I return that money to IRS? Can I mail the check along with the 1040X or Shall I send only the amended forms with 1040X and wait for IRS to mail me about the check?

I request someone to reply me to this issue. I really appreciate your help.

Thanks,
Keerthi

On 1040X, you will show your current tax and tax as on the regular return. Then you pay the tax you owe. Attach a letter for waiver of penalty.

You can also wait for IRS letter. IRS will add interest and penalty.

Dear MukatA.. Thanks for your valuable advice. In my case, my tax is the same whichever form I file (1040 EZ or 1040NR-EZ) except that I received an overpayment of $433 which is shown as recovery rebate. So, if I show my taxes, they would be the same!

Also, since it is the same tax year for which I am making amendments, do I still have to attach a letter for waiver of penalty?

I greatly appreciate your taking time and answering my questions.

Thank you,
Keerthi

Return the $433 now if you did not do so when you filed the amendment. The IRS will eventually ask for it back.

Dear AtlantaTaxExpert,

I have submitted my amended returns with $433 check by April 15th. I hope the IRS won't ask me to pay any penalty! Thanks for taking time in reading my post and answering my question.

If you mailed it on or before 15 April 2009, no interest or penalty should be due.