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    xrules's Avatar
    xrules Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 25, 2008, 12:04 PM
    Claiming Tax Exempt treaty in Amendment form
    I came to US in July 2007 and I claimed my tax treaty to be tax-exempt which is true for 2 years.

    I then realized that I might be staying in US for more than 2 years so I changed my status to Tax payer and also filed my 2007 returns with a Check to IRS for the due taxes considering me as a tax-payer. I was advised to do with the information that it is better to do so and I can always amend my tax forms.

    Now I am leaving in October which is under 2 years and I would like to file the amendment form. How do I claim the check I wrote to IRS for the year 2007 now.

    Any help would be appreciated.

    Thanks in advance
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Jun 25, 2008, 08:27 PM
    File the amended tax return. On this return, you will have a refund.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,772, Reputation: 846
    Senior Tax Expert
     
    #3

    Jun 26, 2008, 08:46 AM
    You will need to file Form 1040X. If you submit Form 1040NR or 1040NR-EZ, a new, revised Form 1040NR or 1040NR-EZ will need to be attached to the Form 1040X.
    xrules's Avatar
    xrules Posts: 2, Reputation: 1
    New Member
     
    #4

    Jun 26, 2008, 08:57 AM
    Quote Originally Posted by AtlantaTaxExpert
    You will need to file Form 1040X. If you submit Form 1040NR or 1040NR-EZ, a new, revised Form 1040NR or 1040NR-EZ will need to be attached to the Form 1040X.
    Thanks Atlanta Tax Expert. This means I need to fill the 1040NR again along with 1040X and send it to the correct address depending on my state.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,772, Reputation: 846
    Senior Tax Expert
     
    #5

    Jun 26, 2008, 09:00 AM
    You will send the amended return to the following address regardless of where you are located:

    INTERNAL REVENUE SERVICE
    AUSTIN TX 73301-0215

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