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itsrkkishore · Feb 16, 2009, 02:25 PM

Hi,

I came to US on 22nd Sep 2007 and submitted the tax retuns on 2008 with the statu single. I used 1040 EZ form for the tax submission.

Can someone confirm that weather the form that I used correct or not. Because I haven't stayed more than 183 days in US during that financial year. Some one says I should use 1040 NR form.

Please answer this question

Regards
Kishore

MukatA · Feb 17, 2009, 01:26 AM

Which visa do you have?

itsrkkishore · Feb 17, 2009, 01:45 PM

I am on H1B.

I got the tax refund and also the stimulus refund ($600).

MukatA · Feb 18, 2009, 01:52 AM

Yes, for 2007 you were nonresident so you were required to file nonresident form. On nonresident tax return, you do not get standard deduction and were not eligible for stimulus rebate.

For 2008, if you were in the U.S. you must file resident tax return.
Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas

itsrkkishore · Feb 20, 2009, 08:41 PM

Thanks for the reply.

Can you please let me know what are my options now. Do I need to file amendement form and return the amount to IRS or leave as it is.

Please note that I didn't get any notice from IRS so far.

AtlantaTaxExpert · Apr 20, 2009, 02:47 PM

If you get a notice, it will happen later this year.

You should amend the 2007 return and attach a properly-prepared Form 1040NR-EZ to the Form 1040X for 2007.

Do NOT return the $600 stimulus refund, because, though you did not qualify for it in 2007, you DID qualify in 2008, so you would return it, only to get it back by amending the 2008 return to request the RRC. Even the IRS would not require that.