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formality · Feb 16, 2011, 09:34 PM

I have question on tax filing. I am on student visa in US since Jan. 2009 and filed for educational credits using joint form 1040A and 8863, for which I got 1000 dollars credit for year 2009. I did the same procedure for the year 2010. However for the year 2010 I did had a valid income source as well from my on-campus job. So I filed the same forms 1040A and 8863 and I was able to get more than 1800 dollars as refund. Is it OK or me to have filed these forms on F1 status? Would I be required to amend the forms? Also if I amend the forms, do I need to attach a form 8843 for both years separately with each amended form to show myself being exempt from Substantial Presence Test category? And if I file an amendment would I have problem to my record or any other issues and what worse can happen on doing so?

MukatA · Feb 17, 2011, 12:38 AM

On F-1 you were nonresident. Instead you filed resident returns for 2009 and 2010. Nonresidents do not get education credit. Nonresidents do not pay FICA taxes while residents pay FICA taxes. You did not pay FICA taxes as well filed resident return. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

formality · Feb 17, 2011, 07:10 PM

Thanks for your reply. However if I am considering the amendment can I now amend the forms for both years and if I can then is there any cut off date before which I should be doing these amendments. And actually I had some accountant doing all these filing for me and he still argues that everything is correct and I need not worry for future things. I had a question if some company processes a file return on your behalf is it them who come in picture as well and if so does it then come upon the client for the error in filing done by the company?

MukatA · Feb 17, 2011, 09:01 PM

If IRS has problems with your past returns, you will pay the tax due with interest and penalty. IRS will not ask accountant to pay interest and penalty.
You can provide facts to IRS and request for waiver of penalty.

formality · Feb 21, 2011, 08:22 PM

Hi Again. Its understandable that its my liability to clear off my dues to IRS for whatever they decide. Now when I talked the same thing to my accountant that he has not filed my return the way it was supposed to be filed and that it is a fraud he has done by filing my return as Resident, he just replied that no he is right and started arguing that I should have done the process on my own if I know better. Moreover, when I asked him to amend the forms to the correct one, he said that that can't be done before 15 April, since the amendment forms don't get released until then and that I will have to wait till 15th April. Now my question is can I go legal against him if I want to and my filing done by him will have to be proved or it is already clear and needs no evidence since that was done by them through their agency only. And what more can I do to make him understand he has done a fraud? I will really appreciate your feedback. Thanks

formality · Feb 21, 2011, 08:23 PM

Hi Again. Its understandable that its my liability to clear off my dues to IRS for whatever they decide. Now when I talked the same thing to my accountant that he has not filed my return the way it was supposed to be filed and that it is a fraud he has done by filing my return as Resident, he just replied that no he is right and started arguing that I should have done the process on my own if I know better. Moreover, when I asked him to amend the forms to the correct one, he said that that can't be done before 15 April, since the amendment forms don't get released until then and that I will have to wait till 15th April. Now my question is can I go legal against him if I want to and my filing done by him will have to be proved or it is already clear and needs no evidence since that was done by them through their agency only. And what more can I do to make him understand he has done a fraud? I will really appreciate your feedback. Thanks