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    vrolok's Avatar
    vrolok Posts: 1, Reputation: 1
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    #1

    Feb 21, 2009, 04:41 PM
    Filed 2009 1040 form while still non resident
    Hello, I came as a trainee on a J1 visa on feb 2007. For 2007 I filed 1040NR (I have wife and 1 child as dependents). For 2008 I asked a tax preparer to help me and he filed form 1040, After I realized this I told him I was a non-resident for tax purposes for the year 2008 but he insisted it was the right form to file and send. For 2009 I am a tax resident so next year will file same form (1040). I already got my refund but am concerned about this situation.

    What do you suggest? Should I contact IRS somehow and amend this, how do I do it? I asked the guy the same question but he doesn't seem to know about taxes for aliens.

    Thanks!
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #2

    Feb 21, 2009, 04:51 PM

    If you were on a J1 and 2007 was your first year in the US, then you are correct, you should have filed non-resident for the 2008 year. You should file an amended return.

    Go back to the preparer and ask him to look into the situation for a J1 visa holder. Explain to him that you are an exempt individual for the purposes of the substantial presence test.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Feb 22, 2009, 07:20 AM

    As J1 trainee you are non resident for two years. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
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