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    hibiscus's Avatar
    hibiscus Posts: 3, Reputation: 1
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    #1

    Feb 17, 2008, 10:13 AM
    did wrong forms in 2006. OPT F-1 1099 MISC
    Hi, I am really confused and need help. I was a F-1 visa student on OPT in 2006 (in California for six months) and did tax return in Feb, 2007. I was a contractor and got a 1099-MISC for $8000 income. I already filed 1040, 1040-V, Sch C, Sch SE, 4562, 8829, 8867 and paid $800. However, I found that I should have filed 1040NR, Form 8843, Form 843, Form 8316, (and more?) instead of those files as a F1 on OPT.

    My question is:

    (1) Do I need to tell IRS those wrong files and resubmit the new ones?
    (2) I researched online that I can fix my tax return by submitting Form 1040X. Is it appropriate my situation?
    (3) If I resubmit the new files, will the amount of tax change? (Do I have to pay more or less?)

    I have been researching for hours but not really got a good answer yet. Please help me out...

    Thank you.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 3, 2008, 11:32 AM
    Redundant post!

    1 & 2) Yes, you need to amend the return using Form 1040X and attaching a properly prepared Form 1040NR-EZ to the Form 1040X. Print the word "AMENDED" to the top of the first page of the Form 1040NR-EZ. You need to do this (and you need to wait for the IRS to acknowledge receipt and acceptance of the amendment) BEFORE you submit the Form 843.

    3) Maybe. Depends on your home country.
    hibiscus's Avatar
    hibiscus Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Mar 6, 2008, 04:19 AM
    Thank you very much, AtlantaTaxExpert.

    I have all of the documents, copies and receipts that I submitted in 2007. So, I am ready to do 1040X but, here is another questions.

    (Q) I researched online and found out I cannot file the form of 1040NR-EZ because of a F1+1099-MISC (self employment or contractor) status. Is a same procedure as 1040NR-EZ for filing 1040NR?

    I really appreciated your help :)



    Quote Originally Posted by AtlantaTaxExpert
    Redundant post!

    1 & 2) Yes, you need to amend the return using Form 1040X and attaching a properly prepared Form 1040NR-EZ to the Form 1040X. Print the word "AMENDED" to the top of the first page of the Form 1040NR-EZ. You need to do this (and you need to wait for the IRS to acknowledge receipt and acceptance of the amendment) BEFORE you submit the Form 843.

    3) Maybe. Depends on your home country.
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