[madindian]

Hi there,
This is Pal. I am an international student on F1 visa from India and I am here in USA since Fall 2007. I have filed 1040 form using turbo tax (for the year 2008, 2009). I did use turbo tax for this year (2010) as well. After moving to a new grad school in Wisconsin, I came to know from my friends that I should have filed 1040NR instead of 1040. I did not know about this before. Now, they don't know what are the penalties for these wrong filling. Further, I don't know how should I rectify this. Any help will be greatly appreciated.

Thanks.
Pal

[MukatA]

On F-1 you are nonresident for 5 years and your income is not subject to social security and Medicare taxes. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
You filed resident returns instead of nonresident returns. You may file amended tax returns Form 1040X along with properly done non-resident tax returns. Pay the tax due if any. Attach a letter for Waiver of Penalty (if any tax is due) giving your reasons this happened.

[madindian]

Hi MukatA,
Thank you very much for your reply. Further, I need some clarification.
1. Could you please elaborate on "amended tax returns Form 1040X along with properly done non-resident tax returns."

2. I filed resident returns for 2007,2008,and 2009. Is there a single form (1040X) for this or I need multiple? Also, do I have a file fresh non-resident tax returns for those years? If yes then how do I file that?

3. Finally, could you please tell what would happen to a F1 student if he/she file resident returns instead of nonresident returns? I am completely novice on tax returns. So just getting some info.

Thank you very much again for helping out.

pal

[MukatA]

For each year you will complete Forms 1040NR or 1040NR-EZ, 8843 and 1040X.