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    siarud's Avatar
    siarud Posts: 3, Reputation: 1
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    #1

    Mar 9, 2010, 01:49 PM
    1040 or 1040NR-EZ
    I am a student in F1 visa for 5 years and filed taxes through forms as mentioned below.

    2005 - 361 days - Tax form 1040NR-EZ
    2006 - 365 days - Tax form 1040NR-EZ
    2007 - 365 days - Tax form 1040-EZ
    2008 - 320 days - Tax form 1040-EZ
    2009 - 330 days - Tax form??

    Now I learnt that I am supposed to file tax through NR-EZ forms. However, as per pub 519 of IRS I pass the residency test of 183 days.

    Please some expert tell me should I amend the tax returns of 2007 and 2008 or as I pass the residency test I shall file 2009 year tax return also through 1040-EZ?
    Thanks,
    siarud.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 10, 2010, 06:01 AM

    When did you enter U.S. on F-1?
    siarud's Avatar
    siarud Posts: 3, Reputation: 1
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    #3

    Mar 10, 2010, 08:18 AM

    I entered in the year 2005 Jan.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 10, 2010, 11:03 AM

    In 2007 and 2008 you file resident tax return instead of nonresident tax return, which was a mistake.

    On F-1 you are nonresident for 5-years and days on F-1 are excluded from residency test of 183 days.
    siarud's Avatar
    siarud Posts: 3, Reputation: 1
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    #5

    Mar 10, 2010, 01:55 PM
    Quote Originally Posted by MukatA View Post
    In 2007 and 2008 you file resident tax return instead of nonresident tax return, which was a mistake.

    On F-1 you are nonresident for 5-years and days on F-1 are excluded from residency test of 183 days.
    Thank you for your reply. I will amend the 2007 and 2008 returns.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #6

    Mar 11, 2010, 12:19 AM

    File amended return with properly done nonresident return and Form 8843. If you owe tax, pay it. Also attach a Request for waiver of penalty giving reasons this happened.
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