I am an international student and mistakenly filed my tax return using Turbo Tax. I wasn't aware that Turbo Tax shall not be used in this scenario. What should I do now?

[AndreaC1]

If you already used TurboTax to file a return and you needed 1040NR, you will need to amend it to the correct one. You will have to wait until the IRS either accepts or rejects it. There is no way to cancel it once it's been filed. If they reject your return, you can just leave it and use Sprintax to file a 1040NR. But if they accept the return you filed using TurboTax, you will have to wait until they have processed and provided you the refund (or you've paid tax due) and then amend that return to a 1040NR (or 1040NR-EZ).

NOTE: An F1 student is a nonresident alien for the first 5 calendar years only

Sprintax produces your non-resident tax return, including IRS tax forms 1040NR, 1040NR-EZ, 8843 and W-7 ITIN application depending on your personal needs. Go here https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html

You can use the steps here below to amend from 1040 to a 1040NR (or 1040NR-EZ), after the IRS has accepted your return and you've received refund (or paid tax due). Then you will need to mail it in, as amended returns cannot be e-filed. So follow the steps here below to help you fix this situation. 

**Make sure you check the box to show the tax year that you are amending on the Form 1040X.

Per IRS page 5 (https://www.irs.gov/pub/irs-pdf/i1040x.pdf:( To amend Form 1040NR or 1040NR-EZ, or to file the correct return, do the following: 

• Enter your name, current address, and social security number (SSN) or individual taxpayer identification number (ITIN) on the front of Form 1040X.
• Don’t enter any other information on page 1. Also, don’t complete Parts I or II on page 2 of Form 1040X.
• Enter in Part III the reason why you are filing Form 1040X. 
• Complete a new or corrected return (Form 1040, Form 1040NR, etc.). 
• Across the top of the new or corrected return, write “Amended.” 
• Attach the new or corrected return to the back of Form 1040X.

Form 1040X - https://www.irs.gov/pub/irs-pdf/f1040x.pdf 

Form 1040X Instructions https://www.irs.gov/pub/irs-pdf/i1040x.pdf  

[prakarsh-upmanyu]

I have a follow-up question:
I filed Federal as well as State tax using TurboTax. I believe Form 1040X is required to amend ONLY the federal tax in my case (Form 1040EZ). Please correct me if I am wrong.
If this, in fact, is the case then should I file only federal tax using SprintTax (as the new/amended return)?
Also, what happens to the State Tax? Are international students allowed to file state taxes using TurboTax?

[AndreaC1]

@prakarsh.upmanyu What state are you in and did you file your state return as a non-resident return or a resident return?

[prakarsh-upmanyu]

I am in California. I filed my state taxes using Turbo Tax when I was filing federal tax. So, I believe I mistakenly filed my state return as a resident.
On checking my copy of the return, it has two different forms:
1 - Form 8453-OL titled "California Online e-file Return Authorization for Individuals"
2 - Form 540 titled "California Resident Income Tax Return"

Does this mean I need to file the federal tax as well as the state tax via Sprint Tax?
Also, will Form 1040X will amend my federal tax only? If so, what separate form needs to be filled in order to amend the state tax?

[AndreaC1]

You'll need to file a Schedule X (formerly 540X) to amend the CA 540 Resident return to a 540NR return.

Amended return forms & instructions for CA return.
1. Schedule X instructions tell you how to fill out Schedule X form to amend the resident return- <a rel="nofollow" target="_blank" href="https://www.ftb.ca.gov/forms/2017/17_schxins.pdf">https://www.ftb.ca.gov/forms/2017/17_schxins.pdf</...>
2. Schedule X form for you to fill out and attach to your new 540NR that you'll file with CA - <a rel="nofollow" target="_blank" href="https://www.ftb.ca.gov/forms/2017/17_schx.pdf">https://www.ftb.ca.gov/forms/2017/17_schx.pdf</a>

3. 540NR Instructions and Forms - <a rel="nofollow" target="_blank" href="https://www.ftb.ca.gov/forms/2017/17_540nrbk.pdf">https://www.ftb.ca.gov/forms/2017/17_540nrbk.pdf</...>
And you'll find both the long form 540NR and short form 540NR at this link. You will need to fill out the one that fits your tax situation and you can distinguish between the long form and short form 540NR with information listed here <a rel="nofollow" target="_blank" href="https://www.ftb.ca.gov/forms/Which-Form-Should-I-File.shtml">https://www.ftb.ca.gov/forms/Which-Form...> under the "Nonresidents or Part-Year Residents" section on that page.

Once you've distinguished which 540NR you need to fill out, you will complete it and attach the completed Schedule X to it as well and send them both to address listed on the bottom of the Schedule X instructions page.

When you use Sprintax to prepare the correct federal and state returns, you will still have to print and mail them; as nonresident returns can't be e-filed. So you can either complete the amended CA return by hand with the forms provided below or you can use Sprintax to prepare it and then attach to the Schedule X you'll need to complete provided here.

[prakarsh-upmanyu]

Thank you so much for this information. I really appreciate it.

I started preparing my returns from scratch on SprintTax and had the option to tell whether I had previously prepared my return or not. I selected "Yes" and then selected the year "2017" (which is the same year I am preparing my new return for). Then I got the following message:

"The tax return that you are completing now on Sprintax is for 2017.
Are you sure you have submitted a tax return to the IRS for 2017 already?

By pressing 'Yes', you are confirming that you have filed a tax return for 2017 already and this tax return will act as an amendment to the existing return. Amendments are prepared offline. We'll review your case and our tax experts will contact you with more information and a price."

So, I guess I just wait until they call me. I'll update here based on the conversation I have.

[AndreaC1]

You are most welcome and yes, please update us after you speak with them. Good luck!

[Hetyboi]

Did you have to pay them?

[Deek]

Hi @AndreaC1 ,

I have question. I did the same thing. I will amend my federal tax by 1040X but what form should I fill for state tax amendment. I am in the State of Illinois.

[DaraLO]

@Deek  Refer to the following page for information and forms to file an Illinois state amended return:  Amending an Illinois State Return.

[Tush_Goel]

What about if you are an in Massachusetts, what do we need to do in case of state tax amendment?

Thanks.

[TerukoL]

Select your version of TurboTax for instructions on how to amend your state return without amending your federal. Please click I need to amend my state return to learn more. 

[Bhago]

I am also an international student mistakenly filed my tax return using Turbo Tax. I received my tax returns and also received the Corona virus stimulus fund from  USA government too. What should I do now? How can file my taxes as an international student again as we still have time till july 15, 2020. 

Please give me your valuable suggestions..

Thanks in advance!!

[DavidD66]

If you filed a Form 1040 in error, when you should have filed a Form 1040-NR, you will need to file an amended return.  It will be a "zero" return - it will no income, no deductions, etc. You can do this  by going to:  How do I amend my 2019 TurboTax Online return?  You will have to print and mail your Amended return.

You will then need to file a Form 1040-NR, but you can't do that using TurboTax.  You can however, use our partner SprinTax.  https://www.sprintax.com/non-resident-alien-tax-1040nr-turbotax.html