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    tnsareddy's Avatar
    tnsareddy Posts: 3, Reputation: 1
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    #1

    Feb 22, 2010, 01:24 PM
    Is there a problem if I file 1040 instead of 1040NR? I am f1 now... is that a fraud?
    Many students have filed 1040 instead of 1040nr... please tell them the immediate and long time consequences. I am planning to be in the US.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 23, 2010, 02:20 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.
    If you filed resident tax return it is a mistake. You may file amended tax return Form 1040X along with properly done non-resident tax return. Pay the tax due. Attach a letter for Waiver of Penalty giving your reasons this happened. If you are from India, you may not owe any tax on nonresident tax return. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    tnsareddy's Avatar
    tnsareddy Posts: 3, Reputation: 1
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    #3

    Feb 23, 2010, 09:56 AM
    Quote Originally Posted by MukatA View Post
    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.
    If you filed resident tax return it is a mistake. You may file amended tax return Form 1040X along with properly done non-resident tax return. Pay the tax due. Attach a letter for Waiver of Penalty giving your reasons why this happened. If you are from India, you may not owe any tax on nonresident tax return. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    Many of my friends have done the same thing. We are actually guided by a senior student in the university who told us that he has been doing that since 4 yrs, that is when he was in F1. Now he is in H1. He has prepared all the taxes for us. What I want to know is will there be any problems while changing the status or while applying for green card?? I do not need this money if they effect the green card... please reply
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Feb 23, 2010, 08:03 PM

    Normally when you apply for change of status, they ask for transcripts of your return. You will get the transcripts from IRS irrespective of you filed resident return or nonresident return.
    tnsareddy's Avatar
    tnsareddy Posts: 3, Reputation: 1
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    #5

    Feb 24, 2010, 10:35 AM
    Quote Originally Posted by MukatA View Post
    Normally when you apply for change of status, they ask for transcripts of your return. You will get the transcripts from IRS irrespective of you filed resident return or nonresident return.

    So when they find out that the person has filled out a wrong form... thn he will be in problem?? Otherwise... no?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Apr 23, 2010, 12:20 PM
    He will be required to file amended return to correct the problem before his change of status is approved.
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