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Atlanta, Vivian is correct. She does not complete amounts on F1040X, in her case. Even if she's replacing the form 1040 for a 1040NR.

The instructions state... "To amend Form 1040NR or...

To answer your question, interest, dividend,and barter income are reported as adjusted gross income, on the form 1040X. Its placed on line 1 of that form.

The form 1040X is unusual in that...

Dual status aliens cannot file married filing jointly. Even for the part of the year they were a resident. There is an exception if you were married to a US resident at the end of the year or a US...

Sounds like you might be a dual resident in 2010, the year you want to claim the exclustion. That is a resident part of the year and resident the other part.
In order to claim the foreign earned...

Thank you for that correction Wnhough.

I'm not sure the foreing bank even needs to file a W8-Ben, for a line of credit.

But I'm not going to go further on this issue.

If the only thing the foreign bank is doing is making available credit through its bank, lets say on the internet. I don't believe the foreign bank is subject to withholding.
I don't see the...

I'm not understanding your position Intltax. The interest he has to "pay", is not "income". He took out a loan/line of credit he has to pay back. Loans a person receives is not income. Only if...

It should be noted that if you are a US citizen or US resident, and have interest earned on a foreign bank account, the interest does go on your US tax return.

Additionally, you may need to...

Atlanta, the bold highlite you have is not for his taxes he's talking about. His taxes are FICA taxes, i.e. SS tax and Medicare taxes. Your bold highlite refers only to federal "income taxes".
...

My understanding of their processing your return, you're getting the horse before the cart. You're trying to find out what's wrong, before the 12-16 weeks has elapsed. Within that timeframe the IRS...

As an FYI, the IRS now quotes a processing time of 12-16 weeks for a 1040X. I found this out from speaking to the IRS recently. Which was changed even though their documents say 8-12 weeks. And many...

They may have explained it and Iswear misunderstood. Who knows. This may not even be what happened, I'm hypothesizing.
Iswear wants to check into it. Even so, I would be upset if I was her.

You're misunderstanding my answer ScottGem. This OP's ex and his "current" wife filed MFJ. His current wife can file a F8379 to recover her portion of the MFJ refund, taken and given to this OP. ...

The court may have ordered them to file MFJ which they do frequently as part of the settlement. shar2fly needs to read the order to verify this.

If the court ordered it, she is obliged to sign and...

If you file it with your original return, it can be filed electronically with it. Note: some software programs are simple and don't always accept the F8379 filing. And it does increase the processing...

I think what Iswear is saying is that her ex's "spouse" filed an injured spouse form. His ex's spouse can recover "her" portion of the refund, that was taken to pay child support, as she doesn't owe...

The individual who left the question did'nt in say she was from India. If this was an Indian student you would be correct.

If she was; putting her spouse in the dependent section maybe the only...

Certainly there is permission to claim a dependent, like any other tax item under the Code, but there is no"requirement"
To claim an exemption.

In my opinion, I'm very familiar with filing dual...

Atlanta, I think you're referring to when they mark filing status (Married Resident) boxes 3 or 4 on 1040NR. It states "you must enter your spouses first and last name..."

However, boxes 3 and 4...

You can find the instructions for the 2010 version of the F 1040X on the IRS website, www.irs.gov, you just type in,
Form 1040X instructions, and click on the link labeled, "Instruction 1040-X (Rev....

That's correct Atlanta. However, as you know, a spouse cannot be claimed as a "dependent" of the other spouse, but their spousal "exemption" can be claimed if conditions are met.

On a dual status...

The IRS should be able to explain to you why you owe, that's their job. Are they saying that you owe for the third year only? or all the years?

Once you have an understanding of why, then you can...

I agree with IntlTax, this gentlemen residency start date is no doubt, Jan.16th 2009 Per pub 519, under residency start date, it's the first day he's physically present under the sub pres test.

It...

I agree with IntlTax, this gentlemen residency start date is no doubt, Jan.16th 2009 Per pub 519, under residency start date, it's the first day he's physically present under the sub pres test.
...

Since, you have never filed a US tax return, you're correct the IRS phone representatives won't send you a transcript over the phone, because they don't have any information to verify against you.
...

The question he is wrestling with is can he claim treaty benefits since he believes he now has to file F-1040, in 2009.

He believes this because, as , the J visa holder it keeps you a NRA for 2...

Technically, if she was in the US more than 183 days in 2009 (which she appears to be) on and L1 visa, she's passed the substantial presence test in 2009 to become a resident. So, she is a dual...

To answer your question, no do not send a regular 1040 form marked "Amended", just form 1040X and any corrected schedules you may have had attached to your original form or any new shcedule you may...

The previous answers to your question are incorrect. When you have a late filed 2006 return, and have filed the 4868 extension before 4/15/2007, you have until 10/15/2010 to file that return, it...

The state income withholding is used not only for your state return, you can also claim it as an itemized deduction on your federal income tax return, assuming you itemize. Conversely you can also...

Yes you can efile still, you must use the following procedure; when your software asks you to enter your prior year AGI.

Enter “0” (zero) for the original Prior Year AGI. Do not leave this...

No, you cannot "choose" to be a resident when your F or J visa stops you from being a resident, bsed on its time limitations.

Its part of tax law that these individuals are exempt from becoming a...

If you're completing the F-1040X, revised Jan.2010, you'll use line 14. Refundable credits, and check the box labeled 5405, you'll see on that line. Remember any other refundable credits you can...

No, you would not go back and amend those years. You follow a special procedure when this occurs called, "Lump sum election". This procedure is fully explained in Pub 915, on IRS webpage.

There...

The following instructions for the F1040X are designed to answer your question.

"Use Form 1040X to amend Form 1040NR or Form 1040NR-EZ. Also, use Form 1040X if you should have filed Form 1040,...

Dear Happy

The following instructions for the F1040X are designed to answer your question.

"Use Form 1040X to amend Form 1040NR or Form 1040NR-EZ. Also, use Form 1040X if you should have filed...

You're correct Bazooma, however there is and important exception. If he had the F-1 for 5 yrs or less, includiing the 2009 year; the first part of 2009 is also exempt, and he cannot be a resident...

You can still file jointly with your wife if she agrees, the fact that you and your wife don't live in the same household any longer will not prohibit you from filing married filing jointly.
...

Yes, you can correct prior year forms that you filed in error, using the wrong form type. You use a Form 1040X. The instructions for that form have specific instructions on how to correct this...

You are in fact required to report the income as was stated on your US tax return, in the year earned. For example, if you earned it several years ago, you report it in that year only. IF you did...

Hello Max

If you have to correct a previously filed TDF 90-22.1, you are correct.

The instructions state:

"An amendment of a previously filed FBAR is accomplished
by checking the “Amended”...

Hello max

Your quesiton:

I have 2 questions
1. would this be considered as a gift the moment I withdraw the $$ from the said account but returned back to him on a later date (I was acting as...

Actually form 8233 is completed in this instance, not Form W-8Ben. The school may take it and allow the exemption anyway, regaradless.

However, F 8233 is completed for NRA not employees, who are...

In addition to the above information, if the money is physically brought into this country, or physically shipped, and it exceeds $10,000 at a one time transaction, a form FinCen 105 needs to be...

Per the IRS website, under Hot Issues August 5, 2009 they state the following:

Processing delays for Forms 1040X

The IRS is experiencing higher than expected inventory levels of Forms 1040X,...

To get your CAF no, you must apply for one using F 2848 or F 8821. This as you may know is when you apply to get authorization on file with the IRS to speak or act on behalf of a taxpayer. Its not...

I understand your humble opinion Atlanta, but it is zero in this case. I work with NRA, that submit F W-8ben to banks to get the 0% rate on their savings acct interest, fairly often.

The...

I filed an extension, now I am filing 1040 RA jointly return with my wife, is this right?

I would echo the comments by Atlanta, and would add some information.

If your asking, is it correct to...

I forgot to mention that you may have to tell him you don't want to file MFJ, as he may go to a preparer and electronically file MFJ, where your signature is put on electronically. The IRS allows...

Atlanta

With all due respect,

If, you're talking about footnote "qq", in Pub 901, that is a different type of interest.

That interest is from loans, bonds, or securities only. Lochos...