[arancia]

Hello,

I am a graduate student on F1 visa. Last year I filed 1040NR-ez, even though that was the year that I should have filed 1040ez. This year, I discover the mistake, a) want to correct it and b) I wonder if I am eligible for economic stimulus payment.

So here is the question.

1) How do I correct the mistake? I filed 1040NR-EZ instead of 1040EZ. However, I was aware that the tax treaty with my country was over, therefore I did not claim any exemption.

2) Am I eligible for economic stimulus payment this year?

Thank you!

[MukatA]

For last year, you must file IRS Form 1040-X with properly done nonresident tax return Form 1040NR or 1040NR-EZ and Form 8843. Column A is what was on the original return, Column C is what should have been there (that is corrected amounts) and Column B is the difference. Complete these columns and then refigure your tax.

Non residents do not get stimulus or recovery rebate.

[arancia]

Thank you MukatA, but I was considered as resident as tax purpose for year 2007 return (that is reason why I have to file 1040X along with 1040EZ for year 2007). Doesn't it make me eligible for stimulus or recovery rebate?

Also, when I file 1040X, I should file 1040EZ form for year 2007, in order to correct the mistake of last year, shouldn't I?

[MukatA]

If you have already spent 5 years on F1, and in 2007 you were resident, then you will file Form 1040X and 1040-EZ. You will do not get stimulus rebate on the amended return.

However, if you file 2008 return as resident you will get recovery rebate.

[arancia]

Thank you very much. Just two more questions.

I spent more than 5 years (arrived US in 2001) and in 2007 spent 11 month in US.

a) does it make me eligible for Earned income credit?

b) if so, should I claim it on my amended tax return or shouldn't?

[AtlantaTaxExpert]

Yes, you ARE eligible for the EIC if your age exceeds 24.