[keerthivalluru]

Hi there,

I have filed 1040-EZ instead of filing 1040 NR-EZ for the year 2008 erroneously (I am an F1 student under OPT) and hence got a recovery rebate check of $433 (since I haven't got any stimulus last yr.. I shouldn't get it though !)

Now I found out that I need to file 1040X to amend my tax returns and send 1040NR-EZ along with form 8843 to IRS. But, since I got an over payment of $433 as recovery rebate check, how would I return that money to IRS? Can I mail the check along with the 1040X or Shall I send only the amended forms with 1040X and wait for IRS to mail me about the check?

I request someone to reply me to this issue. I really appreciate your help.

Thanks,
Keerthi

[MukatA]

On 1040X, you will show your current tax and tax as on the regular return. Then you pay the tax you owe. Attach a letter for waiver of penalty.

You can also wait for IRS letter. IRS will add interest and penalty.

[keerthivalluru]

Dear MukatA.. Thanks for your valuable advice. In my case, my tax is the same whichever form I file (1040 EZ or 1040NR-EZ) except that I received an overpayment of $433 which is shown as recovery rebate. So, if I show my taxes, they would be the same!

Also, since it is the same tax year for which I am making amendments, do I still have to attach a letter for waiver of penalty?

I greatly appreciate your taking time and answering my questions.

Thank you,
Keerthi

[AtlantaTaxExpert]

Return the $433 now if you did not do so when you filed the amendment. The IRS will eventually ask for it back.

[keerthivalluru]

Dear AtlantaTaxExpert,

I have submitted my amended returns with $433 check by April 15th. I hope the IRS won't ask me to pay any penalty! Thanks for taking time in reading my post and answering my question.

[AtlantaTaxExpert]

If you mailed it on or before 15 April 2009, no interest or penalty should be due.