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    reachsweetneha's Avatar
    reachsweetneha Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 14, 2013, 05:16 PM
    Filed 1040ez instead of 1040nr ez
    Hi,

    I am from India and I came to US in last week of November 2012 for an assignment of around 1.5years (will be going back in Feb 2014). I am on H1B. I have filed my return through taxact and form 1040EZ and got my returns. Now I have a confusion whether I have used the correct form or not.

    Please advice.

    If 1040EZ was not correct then what can I do now. Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 14, 2013, 07:53 PM
    If you are single, you need to amend the return and attach a properly-prepared Form 1040NR-EZ, as you ave not yet met the Substantial Presence Test.

    If you are married, you need to amend the return and add your Indian-sourced income and submit Form 1116 to claim the Foreign Tax Credit.

    Either way, and amendment is needed.

    If you believe that you will need professional help filing the amendment, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).
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