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    janusv's Avatar
    janusv Posts: 2, Reputation: 1
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    #1

    Apr 18, 2008, 11:55 AM
    Error in resident status in filed taxes
    Dear experts
    Im a grad student from Denmark, who's been in the US on a F-1 visa since August 2006.
    Due to less than accurate information from the university I seem to have made errors in my filed taxes.

    August 2006 - dec. 2006:

    I filed my taxes on a 1040EZ, where I should have filed on a 1040NR.
    Should I send in a 1040X with a 1040NR attached?

    2007:

    I got married to an american citizen in 2007, and we filed jointly on a 1040EZ.
    I have the option to file as a resident alien because of the marriage, so I might not have done anything wrong. But if I file as a resident alien, I have to include a rental income from Denmark (which I did not), of about 8000$, which I've paid taxes for in Denmark.
    So should I send a 1040X with a statement that I want to be a resident alien and include my rental income from Denmark, or can it be negated so I don't have to pay taxes twice?

    If I want to stay a non-resident alien, would I have to send in a 1040X for both me and my spouse, plus a 1040NR for me? And would they allow that, since they write that they don't let spouses submit sparately after April 15 if they submitted jointly:confused:

    Best regards
    Janus
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 18, 2008, 12:15 PM
    For 2006, you need to file a Form 1040X with a properly-prepared Form 1040NR-EZ attached. Place he word "AMENDED" at the top of Page 1 for the Form 1040NR-EZ.

    For 2007, again you need to file Form 1040X to claim the rental income, plus Form 1116 to claim the Foreign Tax Credit for the Danish taxes you paid.

    Sorry, but filing jointly with your wife is an IRREVOCABLE decision unless filing jointly was not proper to begin with. Your choice to file jointly was a legal choice, and as a result you cannot change your mind.
    janusv's Avatar
    janusv Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Apr 18, 2008, 12:47 PM
    Thanks for the answer:)
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Apr 18, 2008, 01:43 PM
    Glad to help!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Apr 18, 2008, 06:53 PM
    janusv:
    You filed 2007 return as residents. You are resident for tax purpose only. For all other purposes you are nonresident.
    You can not amend your 2007 tax return now.
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