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    jsdallas's Avatar
    jsdallas Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 15, 2010, 07:30 PM
    Wrongly filed 1040A with status as resident
    Hi,
    I am on an F1 visa and came to the US in August 2007. Currently I graduated and working on my opt. I recently used taxactonline to file my taxes. I thought I am supposed to file as a resident alien as I was in the US for more than 2yrs. So taxact filed the 1040A form with following details

    1040A -
    40 : Making work pay and government retiree credits - 323
    Attach Schedule M

    41a : Earned income credit (EIC) - 449

    I also attached the schedule M as required.

    Now I am not sure if the two line that I filled(as shown above) is right or wrong.
    If wrong, can anyone suggest a remedy like an amendment and also if both (40 and 41a) has to be refunded and what forms to file.

    Thanks a lot in advance for your time.

    Js
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 16, 2010, 02:59 AM

    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 OPT income/Since you have OPT income you will get deduction based on tax treaty between the U.S. and your country.
    Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    jsdallas's Avatar
    jsdallas Posts: 2, Reputation: 1
    New Member
     
    #3

    Feb 17, 2010, 11:27 AM

    So this means I am not eligible to get both 40 and 41a quoted amounts? Also what forms I need to fill to amend them? I am from India

    Thanks again for your time.

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