[bebe_miss]

Hello! My name is BeBE. I am an international student with F1 visa. I filed 1040A form using a Turbo Tax and everything was OK. I will receive my refund soon, but people said that its illegal. Is it really illegal. What should I do if its illegal? How can I fix it? Or they will not know if I get the money>>? *** answer to me asap. Thank YOU! :)

[MukatA]

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. You filed resident tax return for 2010, which was a mistake. Residents pay FICA taxes while nonresidents do not pay FICA taxes. By filing resident tax return you claimed standard deduction and deductions allowed only to the residents but your employer did not withhold FICA taxes.

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. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

[bebe_miss]

Thank you! But there is one thing I have to really ask, turbo tax gave me about 940$ for the education expenses tax and I know I am not supposed to get it. Unfortunately I have spent the money and do you think the government can find out this thing? ALso, this summer I am going back to my country and going to back after 1 month. Do you think I can pass the immigration officer freely or they will know that I got a wrong tax. How this wrong filing will affect me? *** answer to me as much as you can. Thank u You're the Best!

[MukatA]

You will not have any problem in going out of country.