[khanhle]

Hello,

I am a student/f-1 visa holder (non-resident alien). Last year, the first time I filed tax, and actually I don't have any idea about W2 form. When the school sent it to me, I don't know what is that. And one time my friend came to my home and saw that form, and helped me to file tax. He used turbo tax. We put every information as normal, and then I got the return of $1,200. I did not know anything until this year, 2012, when I received the W2, I want to get some help, and I ask another friend, I know that I used the wrong form. I really worry now, I am afraid of penalty, and I don't know if I committed the crime. What can I do now? Is it OK if I return the tax refund last year or what is the consequences, if just paying money, I'm OK.
I really appreciate your help.
Thanks a lot.

[AtlantaTaxExpert]

You did NOT commit a crime; you just filed incorrectly in ignorance. There was NO criminal intent; hence, no crime.

However, you DO need to fix the error by filing Form 1040X to amend the 2010 return and submitting a properly-prepared Form 1040NR-EZ plus Form 8843. On the top of the first page of the Form 1040NR, print the word "AMENDED", then staple the Form 1040NR-EZ and 8843 to the Form 1040X.

On the Form 1040X, explain what happened and request that they re-instate your non-resident alien status. If added taxes are due, send them a check and request they waive all penalties and interest. Though interest is REQUIRED by law, if it is a small amount, the IRS may waive anyway. No harm in asking.

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 and websites there.