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adarsh4u · Apr 12, 2006, 12:22 AM

Hi,

I used a website to file taxes for 2004 and filed a 1040A when I was a student (F1) all of that year. I even got my refunds. Tax deadline for 2005 is fast approaching, and since I do not pass the substantial presence test (was on OPT for 191 days), I need to file a 1040 EZNR this year. Should I be filing a 1040X for 2004 before I file my 2005 tax as a non-resident?

Any help would really save my life :P
THanks a million!
Adarsh

RickJ · Apr 12, 2006, 04:48 AM

Here's the scoop on how to file an amendment:
http://www.irs.gov/taxtopics/tc308.html

vaya · Apr 12, 2006, 08:07 AM

1040X can wait. First file your 2005 taxes right for this year.

Vaya

AtlantaTaxExpert · Apr 12, 2006, 09:52 AM

I disagree with Vaya.

If you have a refund coming for 2005, you need to amend the 2004 return and get back the IRS acknowledgement that they accept the change and they consider you a non-resident alien.

If you file the Form 1040NR or 1040NR-EZ before amending the return, the IRS will compare your filing status from last year and wonder why you are switching back and forth between resident and non-resident filing status.

File an extension (Form 4868) for 2005, amend the 2004 return, wait for an answer from the IRS, then file the 2005 return based on the IRS answer.

adarsh4u · Apr 12, 2006, 10:41 AM

Since I am from India and not subject to additional taxes, is it OK to apply the amended return after I file my 2005 1040NREZ ?

Thanks for your reply.

adarsh4u · Apr 12, 2006, 10:58 AM

OK.. I called the IRS :) And the lady on the line asked me to file my 2005 tax return as a non-resident (1040NREZ) and later, file using a different envelop, the 1040X with the corrected 1040 NREZ for 2004.

AtlantaTaxExpert · Apr 13, 2006, 09:28 AM

You follow the advice from the IRS advice line at your own risk!! Their correct answer rate hovers around 50%, and it's even worse for tax questions regarding resident versus non-resident alien issues.

If you are due a refund for 2005, it will hurt NOTHING to file the extension, amend the 2004 return, then file appropriately based on the IRS answer. There are NO PENALTIES for filing late if you are due a refund. If you owe taxes, then make a payment to cover your potential tax liability when you do file.