[scorpio222]

From what I have researched on Google, I understand that filing 1040ez when on F-1 visa in the US for less than 5 years is wrong.

I came to the US in aug 2008. I have an on-campus job, so filed 1040NR-EZ from my univ software (for FY 2008). Till date I am on F-1 visa, studying here.

For FY 2009, I filed my taxes online at taxact.com, because, apparently taxact.com has a higher amount of refund for F-1 students(reason that I did not know why). After filing it, I got back the 1040EZ form with my refund amount. Seems like e-file is not for f-1 students present in the US for less than 5 years.

1.) I should have filed 1040NR-EZ form, yes or no?

If yes,
2.) I have got back my taxes for the year 2009, if 1040EZ is the wrong form what is my next step. Could someone guide me regarding the amendment letter, what to do, where to send and stuff.

3.) OK fine, I have filed my 1040EZ form and got back extra cash. I like that. I don't feel like giving back that money now, will this be a problem in the future that I filed taxes like a resident (1040EZ)? If so, how? (General knowledge question so that I can help my juniors or anyone else who made the same mistake like me.)

[scorpio222]

4.) I also read somewhere in this website that the amendment may be neutral and I do not need to owe anything if I am an indian. How true is this?

5.) is there any deadline for this amendment letter?

[AtlantaTaxExpert]

1) You should NOT have filed Form 1040EZ.

2) File Form 1040X and attach a properly-prepared Form 1040NR-EZ plus Form 8843 to the Form 1040X.

You need to do this if you ever intend to apply for a green card, because the USCIS does specifically ask if you have paid taxes while a student, then they have the IRS check the returns. It is then they would require you amend the returns to correct the problem, and then pay interest and penalties on any back taxs owed.

The combination of penalties and interest on such back taxes could end up costing you several THOUSANDS of dollars to correct a problem that, if fix now, may cost you $400.

Your choice!

If you need professonal help, email me at [email protected].

[scorpio222]

I am trying to send the forms mentioned above so that I can give back the money that I owe and not have any penalties. But

1. how much do I owe, my federal taxes withheld are only $70 and I got a check of $320, which I have not yet en-cashed.

2. to which address do I send all these forms and the check?

3. apart from the forms (1040X, 1040NR-EZ, 8843) is there any letter or anything else that I need to post?

[AtlantaTaxExpert]

Scorpio:

1) You definitely will have to pay $250 back, because you either got the Earned Income Credit or the Making Work Pay Credit when you filed the Form 1040EZ. As a non-resident alien, you are NOT entitled to either credit.

2) Send it to the IRS facility in Austin, Texas. The address is:

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
AUSTIN, TX 73301.

3) The Form 1040X has space for explanations. State the following:

I incorrectly filed as a resident alien whereas, as an international student on a F-1 visa, I should have filed as a non-resident alien. This amendment corrects that error. Forms 1040NR-EZ and 8843 are attached. Please re-instate my non-resident alien status. Request waiver of all penalties and interest; a check for $$$ is enclosed.

[scorpio222]

Thanks for the reply. Even for ga tax, I got like $34, when I was only supposed to get $4. so should I send them a check of (received amount - actual amount of forms) for both federal and state tax? Is this the correct way to calculate it or is there any other method?

How would I know if I have sent the correct amount to them and that I do not owe any fee on it?

[AtlantaTaxExpert]

In my opinion, it is not worth the effort to amend the Georgia return. It is highly unlikely that the Georgia Department of Revenue will notice any difference even when you amend the federal return.

However, if you DO amend the return and send them the $30 difference, Georgia WILL assess a penalty and interest and bill you for it, no matter how small the amount.

[scorpio222]

So you are telling me that I do not need to amend my GA tax return. Will this be a problem if, in future, I apply for H-1 or green card?

[AtlantaTaxExpert]

It will NOT be a problem on either the H-1 or Green Card application, because the USCIS does NOT query the state tax authorities; they only check on your tax status with the IRS.

So, yes, I am telling you NOT to bother amending the Georgia return.

[scorpio222]

Thank you for your information :)

[AtlantaTaxExpert]

Glad to help!