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I mistakenly filed my taxes using Form 1040, I believe I should have filed Form 1040-NR. How can I correct this after having already submitted my taxes?

 
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5 Replies
pk
Level 15
Level 15

I mistakenly filed my taxes using Form 1040, I believe I should have filed Form 1040-NR. How can I correct this after having already submitted my taxes?

@chilicheng , please tell more about your situation such as 

(a) When did you enter the USA ? 

(b) with which visa --(F or what )

(c) Which country are you from ?

(d) Was your work/earnings  under EAD  or what ?

(e) Was your filed return accepted for processing, or already processed and refund issued  or what stage is the return in ?

(f) Did you receive a W-2  or 1042-S for your earnings ?  Or was it something else ?

Once the situation is clear then  we can go into the process of  filing an amended return -- if needed.

 

I will circle back once I hear from you 

I mistakenly filed my taxes using Form 1040, I believe I should have filed Form 1040-NR. How can I correct this after having already submitted my taxes?

if you are supposed to use NR, Turbotax does not support this form. you'll have to amend the 1040 once finalized to show all zeros  (this may require mailing) 

I mistakenly filed my taxes using Form 1040, I believe I should have filed Form 1040-NR. How can I correct this after having already submitted my taxes?

I mistakenly filed my taxes using Form 1040, although I am on an F-1 OPT visa. I first came to the U.S. in 2022 to pursue a master’s degree. In 2024, I was studying in Massachusetts and also interned in San Francisco for a month under CPT. I graduated at the end of May and began working for Samsung in San Francisco on July 1st under F-1 OPT, from which I have received W-2 forms from both the company and the school. Given these circumstances, should I have filed using Form 1040-NR? How can I correct this?  On the TurboTax, it shows 

  1. E-filed
    03/16
  2.  
    Step 2, completed
     
    Accepted
    03/16
     
    However the Refund delivery is not done yet 

I mistakenly filed my taxes using Form 1040, I believe I should have filed Form 1040-NR. How can I correct this after having already submitted my taxes?

I'm under EAD on F-1 OPT

pk
Level 15
Level 15

I mistakenly filed my taxes using Form 1040, I believe I should have filed Form 1040-NR. How can I correct this after having already submitted my taxes?

@chilicheng , given your answers and assuming that 2022 was your first  and only entry in to US  during 2020, 2021 and 2022,  you were probably  on exempt status ( five calendar years  including 2022 ).  If that is true then while under EAD/OPT you are still exempt and therefore NRA.  Thus you should have filed  form 1040-NR ( not supported by TurboTax).

Best path  forward -- wait till the refund is issued signifying completion of processing, then  use somebody like SprinTax ( you probably used them, for  your 2022 and 2023  filing if you had income ) to file an amended return for the  Tax Year 2024.

 This is not an emergency situation -- just wait for the  process to finish.  

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