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Normanto · Jul 9, 2015, 12:34 PM

Hello,

I am doing a 1040X and a 1040NR EZ in order to amend a return that I submitted by mistake as a 1040EZ through TurboTax when I was on my OPT. One of the questions asks if the person has filed a U.S. income tax return for any prior year and to write the year and number form. The problem is that I also did taxes on 2010 but I did it with the help of some volunteers from my university. I don't remember which form number they used and they did not keep any records.

So what should I answer in that question?

I am also worried that I can get in big trouble like jail or something for having filed the 1040EZ with TurboTax because I did not know that I should had filed a 1040NR EZ at the time. I no longer live in the US but I would like to correct this mistake.

Thanks

hkstroud · Jul 9, 2015, 01:34 PM

I would not worry about it. IRS has your money and that's all they care about.
I would not file amended return.

AtlantaTaxExpert · Jul 9, 2015, 06:43 PM

You will NOT go to jail for filing the incorrect return. However, the previous poster is wrong about not amending your return, because you WILL have to amend if you ever apply for a green card.

Contact the IRS at 1-800-829-1040 and simply ASK what kind of return was filed. You can also request a copy of your tax transcript for 2010.

Normanto · Jul 9, 2015, 07:29 PM

Originally Posted by AtlantaTaxExpert

You will NOT go to jail for filing the incorrect return. However, the previous poster is wrong about not amending your return, because you WILL have to amend if you ever apply for a green card.Contact the IRS at 1-800-829-1040 and simply ASK what kind of return was filed. You can also request a copy of your tax transcript for 2010.

Thank you so much AtlantaTaxExpert for taking the time, It gives me some peace of mind to read someone as knowledgeable as you say that. I am guessing that the worst thing that can happen then is that I would have to pay the penalties, interest and whatever I owe when I fix it, am I correct?.

My second question is in the case of the 1040X should I just fill my personal information and leave everything else blank? I have read people advice to do this but other people say that it is wrong and that it could just end up returned or cause more trouble. Again the information in my forms shouldn't be different.

And the last one, I have read people online who advice to not call the IRS and confess any mistake by phone or directly to them because the IRS will "eat you alive" and punish you harder than if you just fix it, is this true?.

There is too many horrible stories and advices on the internet when it comes to this topic which causes it to be confusing and scary so I appreciate you taking your time to help me.

Thank you again

AtlantaTaxExpert · Jul 10, 2015, 07:40 AM

Normanto,

Yours is a common mistake, and the IRS will NOT "eat you alive" for coming forward and correcting the problem. In fact, they are more likely to waive any penalties and interest if you do come forward.

The Form 1040X needs to be accompanied with a Form 1040NR-EZ with the word "AMENDED" printed on the first age of the Form 1040NR-EZ. Complete the Form 1040X showing in column A to original return and Column C what the Form 1040NR-EZ shows.

It is possible that, with a treaty exemption for your student status, you may be due a refund. However, if you received any education credit, that credit will have to be returned.

I would have to look at your original return to be sure.

If you do owe money and do not have it, you can set a payment plan.

If you want my PROFESSIONAL help filing your amendment, email me at the email address in my profile.