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nsr_ifriend · Apr 17, 2006, 01:14 PM

Hi

I'm originally from India.
Came here first Jul 2002.been filing 1040NR-EZ.
Was on F1 and OPT through out 2005.
H1 on March 1 2006.
I filed 1040 for 2005 as a resident alien thinking I cleared substantial presence test (well, I was in the country for the year)!
I have to get a social security/ medicare refund from 2005.

What do I do now?

Does changing my tax return to NR have a negative impact on my current status with the INS?

Please help!

Nik.

AtlantaTaxExpert · Apr 17, 2006, 06:42 PM

Nik:

No, changing your return to NR status (by filing an amendment using Form 1040X and attaching a Form 1040NR-EZ) will NOT affect your status with the INS. It WILL enable you to claim the refund of Medicare and Social Security taxes via Form 483.

nsr_ifriend · Apr 17, 2006, 09:32 PM

Thanks a lot!
Is there a deadline for filing in the forms 843 and 8316 for social security and medicare refunds? I couldn't find anything concrete on this.

AtlantaTaxExpert · Apr 18, 2006, 09:54 AM

Yes, there is a deadline, but it is almost three years from now (April 15, 2009). Try to get it done as soon as possible, but there is no rush.

nsr_ifriend · Apr 18, 2006, 04:45 PM

Thanks again!

I realized with the new 1040NR I needed to file, my fed taxes didn't change but I owed x amount in state taxes... is it too late to send in the cheque?

AtlantaTaxExpert · Apr 18, 2006, 07:30 PM

It's never TOO LATE to pay your taxes.

Now, the state may hit you with a late fee, but it probably won't be too much.

The fee gets worse the longer you wait, so pay the tax.

nsr_ifriend · Apr 19, 2006, 08:03 AM

Thank you for your patient and informative replies!

I calculated it - instead of a $36 refund, I should get a $1 refund!!
:confused:

More problems -
I mailed in my 1040X and changed 1040NR... I was looking at the photocopies of the forms and realised a typo with the gross income from wages, salaries,etc. on my 1040x. The 1040NR-EZ is correct.
For example :
instead of gross income on original = xx300, increase or decrease amount =0, corrected amount= xx300
the form shows gross income on original = xx300, increase or decrease amount =0, corrected amount= xx600
But all the calculations on the form are correct and with respect to xx300.
Do I need to file in another 1040x for my orig 1040x, or let it be?

Whew!

AtlantaTaxExpert · Apr 19, 2006, 01:21 PM

Let it be for now; the IRS may catch the error. If not, you can correct it down the road, say in about three months.