[blueviper]

I am currently a F-1 Student. I filed Form 1040 for taxes on Turbo tax for 2006 instead on Form 1040 NR which is actually required for International Students.I had filed 1040 NR for 2005.The reason I did 1040 was that I got a job in 2006. I have already received the refund for Federal and state taxes earlier in the year. I had also filed for CRP Rental/Property refund which was due to be paid out by the 15 of August.
Now here's the question. The department that handles the refund of propert taxes paid on rent has sent me a letter asking me why I didn't File 1040 NR and is also asking for details on how much I paid for school along with how it was paid and the amount of Scholarships and Grants I was given. They have also asked for a copy of I-20 since I am listed as a student for TAX year 2006 on the 1040 form that I did file. The letter states that if these information are not sent to them, the refund will be denied or adjusted. I made approx. 15 K in 2006 ( I have a work permit) plus I received about 3K for friends and family . The tuition costs for school were 10K and paid about 4 K for rent. Any suggestions on what I should do? What reason should I provide for no filing 1040 NR? The Revenue department wants the details by September 15th. I am bases in Minneapolis, Minnesota

Thank you for your help.

[AtlantaTaxExpert]

You cannot tell them a good reason why you filed Form 1040 instead of Form 1040NR because, as you determined on your own, you filed incorrectly.

The only way you should have filed Form 1040 instead of Form 1040NR is if you have been on F-1 status since before 1 January 2002. If so, you were on F-1 status for more than five years, and the exempt status granted F-1 student expired for you on 31 December 2005.

Assuming that you were on F-1 status for less than five years, the way to fix the problem is to amend your return using Form 1040X and attach a properly-prepared Form 1040NR to the Form 1040X.

If you are from India, there should be NO DIFFERENCE in the amount of tax paid.

If you are from China, you may get a small refund back.

If you are from any OTHER country, you probably owe taxes, but it will not be too much.

If you need professional help to amend the return, contact me at the email address below. I can prepare the amendment and have it to you by mail by this time next week, if necessary.