[sureshande]

hi,
I have filed 1040 instead of 1040NR for tax year 2003. It was a mistake. I did not check my Substantial Presence Test properly ( I did not know at that time, but now I know).
I am from India and I got my status changed from F1 to H1B on October 8th, 2003. Before that I was on F1 OPT. According to the Substantial Presence Test, I did not meet the requirements for resident alien (even though I filed 1040 by mistake for 2003). I did have some 1099 MISC income in OPT. When I filed 1040 for 2003, I did pay Self Employment Tax through Schedule SE.
Now I am trying to file amended tax return through 1040X, 1040NR, 8843, Schedule C. So, Can I get the self employment tax back through amended tax returns. Or is there anything else I should do to get this self employment tax back from IRS.

thanks in advance
Suresh

[AtlantaTaxExpert]

Suresh:

You can file the amended return and request a refund for the additional income taxes paid (assuming your tax rate as a resident is higher than that as a nonresident alien) and to try to get back the self-employment taxes paid on the Form 1099-MISC income for 2003.

All the forms you mentioned are required. Also, send a photocopy of your visa.