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

    Jan 26, 2009, 03:32 AM
    J1 Visa filing wrong form
    I am a J1 visa trainee sice October 07. I filed my 07 tax through one of the web site, that did not ask me if I am a resident or not. I put all information from my W2 from. I did not claim any expenses. The amount refunded was almost 2x the amout that was deducted from me. Moreover, I got tax adjustment afterwrds. I lerned by accedent that I should file form 8843 along with 1040 NR-EZ. Now, I need to file my 2008 tax return. I do not know how to handel the situation. Am I in truble because of that?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 26, 2009, 05:47 AM

    On J1 you are exempt from residency for 2-years. You must file non-resident tax return. Your income is not subject to FICA taxes. You filed resident tax return for 2007, which was a mistake.

    For 2007 file amended tax return Form 1040X along with properly done non-resident tax return and Form 8843. You should get professional help. Contact [email protected].

    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Jan 26, 2009, 11:42 AM
    Agreed; an amendment to your 2007 tax return is required with Form 1040X plus Forms 1040NR-EZ and 8843 attached. I can help you with that; email me at [email protected].

    Once that is done, you should then file Forms 1040NR-EZ and 8843 for 2008.
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