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fragile1 · Dec 30, 2010, 11:18 PM

Hey there,
I think I am in big trouble due to the wrong tax submission.
So as a F1 student, I used turbo tax software (NOT 1040 NOT 1040NR)to do my tax two years in a row and NOW I realized that it is WRONG! I am trying to fix the mistake ASAP. So should I contact the local IRS, ask them to know the situation first, beg for waiving the penalty/interest and send all the money back?
Thanks. I should have done more research before listening to my friend..

AtlantaTaxExpert · Dec 31, 2010, 07:45 AM

First, you are NOT in BIG trouble.

You made a mistake that is all too common with F-1 students, one easily corrected by amedning the return using Form 1040X and attaching properly-prepared Forms 1040 and 8843. You need to ask that the IRS re-instate your non-resident alien status.

When you originally filed, did you claim any education credits or deductions?

Also, what is your home country?

If you need professional help, email me at [email protected],

fragile1 · Dec 31, 2010, 08:33 AM

Happy New Year! :)

Thanks so much for your reply! I really appreciate it! So I am from China. I filed the tax form in March of 2008 and 2009, all by myself. I did not claim any education credits or any deductions, however, I got the stimulating money which is about 600 dollars for 2008 and 300 dollars for 2009--After reading the posts here, I realized that I should have not taken those money. I am worried about the situation and will contact IRS this Monday, hopefully they can waive my penalty..
Again, thanks so much for your kind help!

AtlantaTaxExpert · Dec 31, 2010, 09:38 AM

If you paid state income taxes on your F-1 income in 2008 and 2009, you will be able to claim the withheld taxes as an itemized deduction.

PLUS

You can claim a $5,000 treaty exemption under the U.S.-China Tax Treaty.

This combination MAY result in you not owing as much as you think you may, though you DO have to return the credits you cited above.

fragile1 · Jan 3, 2011, 04:08 PM

Thanks soooo much for the great help! I am filling out the 1040x form and 1040 NR EZ (both 2008 and 2009) and will send them to IRS ASAP. At the same time, I will write a letter, asking IRS to waive the penalty!
Thanks again for the great help!:)

AtlantaTaxExpert · Jan 14, 2011, 12:55 PM

Glad to help!

Email me at [email protected] if you decide you need professional help to file the amendments otr your 2010 tax return.

shresthakan · Mar 4, 2014, 05:04 PM

Hi,
I was an OPT student from 2001-2007(undergraduate + OPT) and 2010-current (graduate+OPT+STEM extension). I figured I was a resident alien since I had been the US for over five years and used 1040.com to file my taxes last year. But I came across the Closer Connection exemption only a few days ago and calculated by taxes both as a resident alien (turbo tax estimate) and 1040NR form and the difference is a significant amount of money since 2013 is the only year I made some money. My question is could I amend my return from last year and fill the 8843 Form? I am planning to leave the US this June and return to my home country for good. Most of my family live there and there is some property in my name.
http://www.irs.gov/Individuals/International-Taxpayers/The-Closer-Connection-Exception-to-the-Substantial-Presence-Test-for-Foreign-Students

Any advice would be greatly appreciated.

Thanks!
Kanchan

AtlantaTaxExpert · Mar 4, 2014, 05:18 PM

Kanchan,

Yes, you can amend the return. You have to PROVE the closer connection by submitting Form 8840, but that should not be too difficult.

If you need professional help, email me at the email address listed in my profile.

Bat_88 · Jul 2, 2014, 01:38 PM

Hello,

I filed for my taxes using turbo tax and I am an international student while on F1 student visa this year for last years income. I work at the school as a graduate research asssistant. The IRS sent me a check of almost 900$ and in turbotax questions I indicated that I am not a citizen. Now I read this and realize I made a mistake. I am filing for my OPT at this moment and hope to get it by September 1st. Will that be a problem? What should I do? Will I get rejected? What should I do? I am really worried because if I don't receive my EAD card I will have to leave the country.

Please advise.

AtlantaTaxExpert · Jul 2, 2014, 07:46 PM

The improperly-submitted tax return should NOT be an issue on your OPT petition, but you Do need to correct the error by amending the return and submitting properly-prepared Forms 1040NR-EZ and 8843, plus Form 1040X.

If you need professional help, this IS what I do! If interested, please email me at the email address in my rpofile.