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    Xingyi's Avatar
    Xingyi Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 10, 2008, 08:42 PM
    File wrong form in 2005 & 2006
    Hi, I came to US for my master degree in 2004 (F-1) and filed 1040-NR for 2004.
    I was under F-1 visa status in 2005 and 2006, but I filed 1040 by mistake.
    From Oct. 01, 2007, my status changed from F-1(OPT) to H-1B. As I worked as graduate assistant on campus in 2005 & 2006, the income was only $3,486 (2005) & $7,444 (2006), do you think I should correct my wrong tax filing for 2005 & 2006? As the 1040NR-EZ page 2 question I asks "the lastest year and form number" for tax return before 2007?
    I guess IRS will find out I filed wrong forms in 2005 & 2006.

    Another question is : why the country treaty is not included in the "taxable income"caculation? See the 1040NR-EZ, Line 6 is for "exampt by a treaty", but to caculate Line 14-:Taxable Income", line 6 is not deducted from the gross income.

    Hope to hear from somebody soon!
    Thanks!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 24, 2008, 11:19 PM
    The IRS will eventually dixcover the error.

    You need to file Form 1040X and amend your 2005 and 2006 returns, attaching a properly-prepared Form 1040NR-EZ to the Form 1040X.
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