[tpkolluri]

I was a student on F1 Visa from Aug 2006 to Oct1 2009. My first year of taxes, I used turbotax and filed 1040EZ. Now I realize I was supposed to file 1040NR-EZ.

I understand that I need to amend this return with 1040X, my questions are:
1. How would I return $300 stimulus check I received that year, is there a procedure to do that? A specific form?
2. I also need to attach 1040NR-EZ with 1040X, which year's form should I use 2007 or 2009? Is it important?

Thanks,

[MukatA]

1. Yes, you must repay the stimulus rebate.
2. With Form 1040X attach properly done nonresident tax return and Form 8843. For 1040NR, use the form for that year.
Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

[tpkolluri]

1. Yes, you must repay the stimulus rebate.
2. With Form 1040X attach properly done nonresident tax return and Form 8843. For 1040NR, use the form for that year.
Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

Also is the form 8833 necessary? I'm an Indian citizen.

[MukatA]

Form 8843 is necessary with nonresident tax return.

[tpkolluri]

Thank you MukatA,

But I was asking about the form 8833 to claim a treaty based position. Is it a necessary form? Can Indian citizens claim Standard deductions and personal exemption and still not include any treaty based position? Please Clarify.

Also, If I return the Stimulus $300 as a check, would I be assessed a penalty? How can I explain my situation that it was a mistake? Is there a specific procedure for that?

Thanks a lot for your help, I appreciate your time.

[MukatA]

You file Form 8843 and report treaty based deduction on Form 8843. Form 8833 is not used with F-1 tax return.