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    ryuktank's Avatar
    ryuktank Posts: 2, Reputation: 1
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    #1

    Feb 27, 2016, 06:47 PM
    Filed the wrong forms 4 years straight (1040 instead of 1040NR)
    I have been to US 4 years in a row with a J1 Visa.
    I have been filing wrong tax forms for 4 years straight. I just found out that as a Non-Resident alien I need to file the 1040NR form, I have been doing it online through turbotax, which offers only 1040.
    I have received the refunds for all the years, I even claimed some student credit. What would you suggest I do? There is no way I can return the money, it is gone and I am not rich. Do I risk to go to prison? Fines? What if I never tell anyone? Will it just slide? Also, if I try to get citizenship later, will it affect me in any way?

    Thank you very much in advance for your help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 27, 2016, 07:46 PM
    There will be NO prison. Your mistake is rather common among J-1 and F-1 visa holders.

    That said, if you plan to file for green card status, you WILL eventually need to fix the problem by amending your returns.

    You CAN set up a payment plan with the IRS if you do not have the funds.

    If you need professional help with this, please email me at the email address in mt profile.
    ryuktank's Avatar
    ryuktank Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Feb 28, 2016, 05:53 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    There will be NO prison. Your mistake is rather common among J-1 and F-1 visa holders.

    That said, if you plan to file for green card status, you WILL eventually need to fix the problem by amending your returns.

    You CAN set up a payment plan with the IRS if you do not have the funds.

    If you need professional help with this, please email me at the email address in mt profile.
    Thank you very much for your reply!


    You are right, half of my university does it, and that's just a fraction.


    Just a couple more questions, would I have to pay interest on the extra money I have got? Also, would IRS ever find anything out? I mean, I wouldn't do it if I knew it back then but now there is basically no turning back for me. Until now no one has contacted me with anything and I had no problem with the immigration. Would someone have to tell on me for me to get in trouble?


    Thank you again!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 28, 2016, 08:48 AM
    The mistakes will be discovered during the green card applicaion process, at which point in time you would have to do the amendments.

    Yes, interest will be charged on any payback, and the longer you wait, the more you pay in interest.
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