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    daisyho's Avatar
    daisyho Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 27, 2010, 10:57 AM
    International student file 1040
    Hi, I am an international student in the US since 2005. I file my tax form 1040EZ in 2008. I was asking a H&R block tax rep. to help with my tax file last year. And he told me to file 1040EZ online, so I did. It went through. And I did not know that is illegal. How I can fix it?
    And I just file 1040 for tax 2009 too. Then I read this website about international student tax filing. How I can fix both of the errow?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Mar 1, 2010, 11:42 PM

    In 2010 you will file resident tax return.

    On F1/OPT you are exempt from residency for 5-years. You file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes.

    You filed resident tax returns for 2008 and 2009. You may file amended tax return Form 1040X along with properly done non-resident tax return. Pay the tax due. Attach a letter for Waiver of Penalty giving your reasons this happened.
    Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

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