[rohanmadtha]

Hi,

I seem to have gotten myself into a mess. I filed my taxes online this year, as a resident alien, without knowing that I am actually a NON-resident alien.

I am from India. I arrived in the US in August 07, and have been here since (except for the month I took off, last December). I am on an F-1 visa with the University of Utah. I started work in July of 2008. One of my friends who had filed taxes the year before suggested I use freetaxusa.com to file my taxes as it was convenient. At the time, I was unaware that NRAs aren't allowed to e-file their taxes.

I found out about this later, read Publication 519, and the instructions on 8843. Although I pass the substantial presence test, I cannot count the days as a student on F-1, which is pretty much ALL of them!

The problem is this: I e-filed my taxes with the 1040 instead of the 1040NR-EZ (I think!), got my returns back and today is April the 13th. Is there anything I can do to fix this? Should I bother fixing this, since I've already got my returns... i.e. will this come back to bite me in the @$$ later?

Thanks,
Rohan

[MukatA]

On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes. On your income you will get deduction based on tax treaty between the U.S. and your country.

You will file amended tax return. For amending your tax return, you must file IRS Form 1040-X with properly done nonresident tax return Form 1040NR or 1040NR-EZ and Form 8843. If you owe tax, write check to United States Treasury and enclose with the amended return. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

[rohanmadtha]

Thank you so much, Mukat. That is precisely what I did!

Rohan