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durmus · Nov 14, 2011, 09:15 PM

Hello,

I have been in US since Agus. 2008 (has been three and a half years) under F1 visa. I seems that I have been filing a wrong income tax form (filed 1040 instead of 1040NR). I received a latter from Oklahoma Tax Commission saying that they are not able to see my previous files from (from 2000 to 2008). What are the possible consequences for today (I am not interested in applying for green card or H1 visa)? Will I be departed from US or put in jail although I am willing to compensate if I owe some to IRS.

Thank you very much for your helps in advance.

jkvpmaster · Nov 14, 2011, 09:53 PM

If you lived in US for more than 30 days (physical presence test), you are considered resident of US. It appears that you have been physically present in US more that 30 days during each calendar years in question. If so, 1040 is the right form. 1040 NR is for the persons with US source income. You get m\ore details at www.irs.gov.

As far as IRS letter asking for your returns from 2000 to 2008, you may want to send a letter explaining that were not in US during the period and therefore were not required to file US taxes. You may want to attach a photocopy of your VISA to support your explanation.

You may want to consult with a tax expert, an Enrolled Agent (EA) of a CPA. Local chapter of Society of Enrolled agents (http://naea.org/MemberPortal/StateAffiliates/Listing/) can help you to identify a local EA.

Good luck.

taxesforaliens · Nov 14, 2011, 10:05 PM

jkvpmaster is wrong as you are on an F1.
You are a non-resident alien for 5 calendar years.
You should file amended returns for the years you wrongly filed 1040 forms.
Use form 1040X for each year and attach the correct tax return.
You can download all forms from the IRS website.

I have no experience with Oklahoma, you might have to amend those as well or send them a copy of your amended federal returns together with proof of your status. The best would be to call them and ask how to proceed.

You won't be thrown in jail, but you might owe taxes and interest.

AtlantaTaxExpert · Nov 15, 2011, 09:22 PM

TaxesForAliens is correct; you need to amed the returns in the years where you filed Form 1040. A Form 1040X with a properly-prepared Form 1040NR ot 1040NR-EZ (with the word "AMENDED" written on the top of the first page) attached, along with Form 8843.

Call the phone number on the notification letter and explain to the Oklahoma Tax Commission that 2998 was the FIRST year you were in country; a faxed copy of your visa should be enough proof to convince them that you are telling the truth.

If you need profession help with the amendments, email me at [email protected]. This IS what I do!

durmus · Nov 16, 2011, 02:49 PM

Thanks to everyone.

AtlantaTaxExpert · Nov 16, 2011, 02:53 PM

Glad to help!

MukatA · Nov 16, 2011, 07:29 PM

durmus: You received letter from Oklahoma Tax Commission; this is not IRS. So you may not worry about IRS.
You should call Oklahoma Tax Commission.

taxesforaliens · Nov 17, 2011, 06:03 AM

@Mukat: even though he got a letter from Oklahoma, he still needs to amend the federal returns as he filed the wrong forms. The longer he waits the higher the interest will be.

AtlantaTaxExpert · Nov 17, 2011, 07:55 AM

I agree with TaxFor Aliens.

Further, if Durmus applies for a green card, the USCIS speficially asks about the payment of taxes and the filing of tax returns, then asks the IRS to verify the answers. At that point in time, the error will come out and Durmus WILL be required to fix the problem, pay any additional tax PLUS interest, which could be substantial after 4 - 10 years.

Best for everyone involved that he get it fixed now.