[dream78]

Hi,
Dear experts,
Me and my husband are on a J-1 visa. We filed our 2008 tax via turbotax and we filled a joint return via Form 1040. This year I realized that we should have filed 1040 NR. Can we amend our returns by filing separate amended 1040 NR forms with Form 1040X? The IRS website says you cannot change from a joint to separate returns after due date but we shouldnot have filed joint return at the first place. I am really confused, How can we correct this?

Thanks a lot

[MukatA]

When did each of you enter the U.S.

[dream78]

My husband entered in June of 2008 and I enered in July of 2008

[MukatA]

Yes, you will file amended tax return Form 1040X with properly done non resident tax return Form 1040NR or 1040NR-EZ and Form 8843. You will get exemption deduction, itemized deductions and deductions as per tax treaty. Pay the tax due if any.

You can file amended tax return as you were not eligible to file joint return. You should attach a Letter for Waiver of Penalty.

[dream78]

Thanks a lot MukatA. Could you help me with 2 more questions?

Should I send both Form 1040 NRs( my and myhusband's) together as the first form we filed was a joint return? We found that we had an overpayment last year so we will pay the excess amount back. If We need to send forms separately to which one should I put the check?

Is there a format for the letter for waiver?

Thank you very much for your time.

[MukatA]

I do not have answer for your situation. You may send email to AtlantaTaxExpert [email protected]