Check out some similar questions!

kinga1003 · Jan 25, 2012, 11:58 AM

I am on F1 visa. Last year I did my OPT and this year I am back to school full time while still working (CPT). I believe I filed regular tax return last year but I just found out I should have used a form 1040NR (for non-residents). I didn't do so last year, what should I do now?

AtlantaTaxExpert · Jan 25, 2012, 01:53 PM

You need to amend the return using Form 1040X, and attach a properly-completed Form 1040NR or 1040NR-EZ PLUS Form 8843 to the Form 1040X.

Print the word "AMENDED" on the top of the first page of the Form 1040NR or 1040NR-EZ.

Sign BOTH the Form 1040X and the Form 1040NR or 1040NR-EZ.

Specifically ask that the IRS re-instate your non-resident alien status in the COMMENT section of the Form 1040X.

If you want my professional help, double-click on my title above and scroll down to my profile/signature. You will find my email address there.

kinga1003 · Jan 26, 2012, 07:33 AM

Thank you for a quick response! Will that mean I have to pay some money back since I got a little refund both years? Also in that case, can I regularly file my taxes this year or should I fix previous years first? Secondly- I heard that as a non-resident, I should not have SS and medicare tax withheld from my paychecks, is that true? How should I go about that?

AtlantaTaxExpert · Jan 26, 2012, 08:36 AM

You probably WILL have to pay some added tax. It depends if you qualified for any credits that you would NOT get as a non-resident alien.

If you are still on OPT, you are still an F-1 student, which means you file Forms 1040NR-EZ and 8843.

kinga1003 · Jan 26, 2012, 05:22 PM

What is the difference between 1040NR and 1040NR-EZ? Do I fill out whichever?

AtlantaTaxExpert · Jan 26, 2012, 06:11 PM

The Form 1040NR-EZ is easier to complete.

nonresidentsv · Mar 24, 2012, 11:59 PM

Hi ATE,

I came to US on 21 July, 2011 on H1B visa and is in US since then. I filed my return through an online software and got refund by IRS in my bank account in a week. After that I got a 1099 INT form from my bank of $125. I contacted a local CPA in my city(TX) and filed an amended tax return on 1040X declaring 1099 income and sent the difference amount check along with to IRS.

I am single and have no dependent. I was not aware of 1040NR and now got to know about it through a friend.

My question is that do I need to again file an amended return using 1040NR/1040NR-EZ. Also, if I don't file the amended return again using 1040NR/1040NREZ will that affect in my Green Card processing.

Please help me and give me correct advise. I am also leaving for India in second week of April.

Thanks

AtlantaTaxExpert · Mar 25, 2012, 10:19 AM

Yes, you DO need to submit a SECOND amendment.

In doing so, you get to DELETE the $125 in interest because non-resident aliens are NOT liable for taxes on interest.

nonresidentsv · Mar 25, 2012, 08:04 PM

Hi ATE,

Thank you very much for the quick response.

I would also like to know that is there any difference in the return amount while filing on 1040 and 1040NR means on which form we get maximum return amount - 1040 or 1040NR?

Thanks & regards,

AtlantaTaxExpert · Mar 25, 2012, 09:18 PM

MOST of the time, the Form 1040 generates a higher refund because of certain credits for which non-resident aliens are NOT eligible.

For tax calculations, they are the same.

gmreddy · Mar 29, 2012, 12:19 PM

I filled 1040Ez instead of 1040NR-EZ right now I am getting 13_ _ $ instead of 11_ _$ almost 200$ more in 1040EZ I filed last night through www.taxact.com that to in online after submitting it. Today I got to know that I have to fill 1040NR-EZ not 1040EZ what should I have to do now ?

I read your blogs completely but the thing is you ask us to attach 1040X (as amend ) form and ask to file 1040NZ- ER AS paper document not online can I download form and fill and mail to IRS is that fine or I need to go through from starting what should I have to do right now pleas guid me right now my status is OPT (past 2 years I files as 1040NR-EZ and 8843 in my school but right now I got job like 4 months ago and I was student like 8 as fulltime student for acadamic year 2011)

AtlantaTaxExpert · Mar 29, 2012, 02:06 PM

You file BOTH the Forms 1040X AND the Forms 1040NR-EZ and 8843.

All of the forms MUSt be mailed.

If you mail the amendment with the check before 17 April 2012, no interest and no penalties will be charged.

nonresidentsv · Apr 5, 2012, 09:24 AM

Originally Posted by AtlantaTaxExpert

MOST of the time, the Form 1040 generates a higher refund because of certain credits for which non-resident aliens are NOT eligible.

For tax calculations, they are the same.

Hi ATE,

I contacted the CPA who prepared my 1040X form with $125 included. I asked him to again amend my return on 1040NR-EZ but he said that you don't need to file any more amendments this year as you are good.

What should I do?

Is he saying this because we can also amend our return up to 2 years or I really don't need to file a 1040NR-EZ?

AtlantaTaxExpert · Apr 5, 2012, 11:29 AM

You DO need to amend the return, but it is NOT time-critical. You can wait for a few weeks, giving your CPA time to clear out his backlog of work for this year.

AtlantaTaxExpert · Apr 7, 2012, 11:32 PM

BTW, this assumes the CPA knows that he screwed up and he KNOWS you need to amend. If he does not, find yourself another tax professional.