[m3rs1910]

Hi,
I was an exchange visitor (J1 visa) in the year 2001-2003. In 2003, I left US to another country and I could not file the tax for the year 2003. I did file the tax for 2001 and 2002 (1040 NR-EZ). Though I tried, there were some complications with my salary (as it was coming from another country also) and my attempt to consult with a tax consultant was unsuccessful. In short, I did not file the tax, but my tax (both federal and state taxes) were withdrawn from my salary.

In 2007 I came back to US as a dependent. My spouse filed the tax, included me as dependent. I asked couple of consultants and they said the following things:
I) I was already late for filing the tax, so filing the tax doesn't make sense.
ii) Since I already paid the tax in 2003 and if I do not claim the refund, filing the 2003 tax (1040NR-EZ) is not required.

But recently, one guy from IRS called me and asked why I did not file the tax. I explained tot hem that I left US in 2003. But the person suggested that it would be better if I file the 2003 1040 NR or 1040 NR-EZ now.

Now my question is, how do I file the tax now for 2003 (1040 NR or 1040 NREZ). I got married in 2003. So can I get some tax I paid back if I file to include my spouse also? My Spouse will not get back the money from Govt since I did not file the tax in 2003?

Thank you in anticipation.
Regards,
MRS

[MukatA]

Rule 1: If your income is more than the filing requirement, then you must file your tax return.
Rule 2: You will not get refund, if you did not file return with in three years. For 2003 the last date to file to get refund was April 15, 2007.

In short, you must file your tax return but you will not get any refund.

[AtlantaTaxExpert]

Agreed. You NEED to file the 2003 return, even though no refund is possible.

I can handle it for you for a reasonable fee. Contact me at [email protected].