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    OneSolution's Avatar
    OneSolution Posts: 54, Reputation: 1
    Junior Member
    		  
    #1

    Apr 13, 2009, 06:12 PM
    F1 OPT H1 Scenarios. 1040NR Eligible for Stimulus
    Many CPA even Indian CPA are filing taxes for people as 1040 and makes a stimulus claim. I have a friend with a case similar to me

    Entry in USA F1- 2006 July
    Change of Visa: Opt to H1b October 2008
    Fulltime Job from August 2008 to Dec 2008 and SSN/Medicare not deducted.

    The CPA made him to file 1040 and claim stimulus? I am sure SPT is not met! And needs to file 1040NR.


    Is this wrong? Can it be done?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Apr 14, 2009, 12:33 AM

    If your friend is single, he can not file resident tax return. So evidently filing Form 1040 to claim recovery rebate is fraud.
    Read about F1/H1-B tax filing: http://taxipay.blogspot.com/2008/08/us-visas.html
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 16, 2009, 12:03 PM
    To say it is fraud implies criminal intent, which is a stretch In my opinion.

    But I do agree that he filed incorrectly, and will eventually need to amend the return. When the amendment is filed, the RRC will need to be re-paid with interest.
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