Non Resident Alien / Tax Amendment

[ivanbujan2019]

Hi there, I am non resident alien under F-1 Visa. This is my 4th year in the USA. I filed my 2013 taxes using Form 1040NR-EZ, taxes 2014 and 2015 using Form 1040, and this year I'm filing via Form 1040NR-EZ. I realized that for 2014 and 2015 I made a mistake. What should I do? Do I amend tax return for 2014 and 2015? I'm worried this mistake might interfere with my future status or employment.

Thanks in advance.

[LinaJ2018 · Accepted solution]

As a F-1 visa holder, you are considered as "exempt" meaning not counting days for five years starting from the date of your first arrival in the United States.  After the five years period, you will start counting days by using the Substantial Presence Test  to see if you qualify to be treated as a US resident for tax purposes.  

You are supposed to file a Form 1040-NR for the tax year of 2014 and 2015 and will need to amend your original tax returns.

To amend from Form 1040 to 1040NR,   here are the steps:

-As TurboTax does not support the NR form, you are recommended to use our affiliated partner, Sprintax to complete your 1040-NR filing.  

• Download Form 1040-X from the IRS website ( see below).  On the front page of Form 1040-X, enter your name, current address, and social security number (SSN) or IRS individual taxpayer identification number (ITIN)
• Do not enter any other information on page 1.  
• Do not 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 form 1040-NR by using Sprintax, see above.
• Across the top of the 1040-NR, write “Amended”
• Attach form 1040-X to the back of Form 1040X

For more information, see:

https://www.irs.gov/pub/irs-pdf/f1040x.pdf  - form

https://www.irs.gov/pub/irs-pdf/i1040x.pdf  - instructions

page 5 under Residents and Nonresidents

[PDK]

As per the tax treat 21(1), standard deduction and personal exemption can be availed by non-resident. However, on form 1040NR, i did not find standard deduction cell. Where should i show standard deduction? Also, under Schedule OI-Other Information, what amount of exemption should i enter?

[veereev]

i am in the same situation for 2014 taxes. my tax consultant filed my taxes with 1040 form instead of 1040nr.

[mcmorenoe91]

when you file the amended 1040 NR what did you put in line 23? (amount you want to be refunded ) Since you had already received the refund fir those years I was wondering what is the correct answer there. thanks

[sunyuchai23]

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