Check out some similar questions!

skhimsara · Jan 27, 2009, 02:47 PM

Hi

I am currently on OPT on F-1 and my wife is on F-2 visa.
Can I file the taxes jointly by applying for a ITIN (using the W-7 form)?

If yes, can I submit the 1040A form + W-2s with the W-7?

Thanks :)
Siddharth

MukatA · Jan 27, 2009, 11:59 PM

On F1 visa you are nonresident for 5 years. You will file form 1040NR or 1040NR-EZ. You are exempt from FICA taxes but you will pay income taxes. You will also file form 8843.

If you are from India then as per tax treaty you will get standard deduction of $5,450 (instead of itemized deduction) and exemption of $3,500 for the year 2008. You will also get exemption for your wife if she did not earn more than $0 in 2008. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

skhimsara · Jan 28, 2009, 12:31 AM

Hi Mukta,

Thanks so much for your answer.
I have been filing my taxes online via TaxAct.com and it defaulted to the 1040A the past 2 years instead of the 1040NR. I filed that form for 2 years in a row and I never had a problem.
I am surprised as to how come the IRS accepted those forms if you say that I am not a resident until I finish 5 years.

Your opinion would be appreciated.

Thanks
Sid

AtlantaTaxExpert · Jan 28, 2009, 04:23 PM

Sid:

You probably paid the correct amount of tax, but you filed incorrectly, a fact that could come back to haunt you if you ever decide to apply for a green card.

For this reason, you should amend the returns with Form 1040X and attach a properly-prepared Form 1040NR to the return. You will pay a bit more in taxes (because the standard deduction for an Indian filing Form 1040NR is HALF what you got on the Form 1040A), but it should not be too much.

skhimsara · Jan 28, 2009, 04:31 PM

Hi AtlantaTaxExpert,

Thanks so much for that tip. I will do so immediately.
However, does the 1040X form have to be of that particular year? Or can I use the latest 1040X form.

thanks in advance for your help
Sid

AtlantaTaxExpert · Jan 29, 2009, 11:53 AM

To be safe, you should use the Form 1040X for 2007, though, in a pinch, ANY Form 1040X is fine.

You can download the 2007 Form 1040X from Internal Revenue Service or from Home - 1040.com.

skhimsara · Jan 29, 2009, 12:12 PM

Hi AtlantaTaxExpert,

Thanks so much for the info.

I was also wondering if I also have to submit the 8843 as I am a F1 student since 2006.

How I can get hold my previous years' returns to verify which forms I actually submitted. I am guessing that I submitted the NR forms only in 2006 when I came to the US for the first time. However, I do not know if I submitted the 8843.

Thanks
Siddharth

AtlantaTaxExpert · Jan 29, 2009, 03:07 PM

Yes, Forms 8843 IS required for each year you are filing as a non-resident alien holding a F-1 visa.

If you are not sure, submit the Form 8843 for each year, just to be sure.