F1 Visa Stimulus check

Forum|Forum|6 years ago
April 17, 2020
1 reply
1 view

Hi,

I'm an international student on F1 visa since 2015. I already completed my tax refund in TurboTax in 2018 and 2019. And now I just received the stimulus check to my account.

I didn't know that the international student have to use the different website for tax refund. How can I fix my mistakes ?

Is it eligible for international students to receive the stimulus checks?

Thank you,

Best answer by DavidS127

For the years you filed a Form 1040 when you should have filed Form 1040 NR, you need to file a Form 1040X amended return with a Form 1040-NR attached.

First, you will need to prepare a Form 1040-NR tax return, which you cannot do in TurboTax. SprintTax is a software that can prepare a Form 1040-NR. Once you have prepared the Form 1040-NR, you can print and manually complete the Form 1040X at this link, using the instructions shown below (from Form 1040X at this link).

Resident and nonresident aliens.

Use Form 1040X to amend Form 1040NR or Form 1040NR-EZ. Also, use Form 1040X if you should have filed Form 1040 (or, for years before 2018, Form 1040, 1040A, or 1040EZ) instead of Form 1040NR or 1040NR-EZ, or vice versa.

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 (e.g., filed Form 1040 instead of correct Form 1040NR).
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.

I haven't seen specific IRS guidance on your stimulus payment question, but probably not until you are classified as a U.S. resident alien and have a a social security number valid for employment. Whether the "U.S. resident alien" tests in Publication 519 will be applied for stimulus payment has not been clarified.

You can start counting days of physical presence in 2020, and once you have been present 183 days you will meet the Substantial Presence Test to be a U.S. resident alien for tax purposes. Under that scenario, you will be a U.S. resident for tax purposes on the first day you were present in the U.S. during 2020.

To be eligible for a stimulus payment, you must meet these eligibility requirements, according to the IRS Economic Impact Payment Information Center website at this link:

Are a U.S. citizen or U.S. resident alien;
Cannot be claimed as a dependent on someone else’s return;
Have a Social Security number (SSN) that is valid for employment (valid SSN); and
- Exception: If either spouse is a member of the U.S. Armed Forces at any time during the taxable year, then only one spouse needs to have a valid SSN
Have adjusted gross income below an amount based on your filing status and the number of your qualifying children.

DavidS127Answer

Level 13

For the years you filed a Form 1040 when you should have filed Form 1040 NR, you need to file a Form 1040X amended return with a Form 1040-NR attached.

First, you will need to prepare a Form 1040-NR tax return, which you cannot do in TurboTax. SprintTax is a software that can prepare a Form 1040-NR. Once you have prepared the Form 1040-NR, you can print and manually complete the Form 1040X at this link, using the instructions shown below (from Form 1040X at this link).

Resident and nonresident aliens.

Use Form 1040X to amend Form 1040NR or Form 1040NR-EZ. Also, use Form 1040X if you should have filed Form 1040 (or, for years before 2018, Form 1040, 1040A, or 1040EZ) instead of Form 1040NR or 1040NR-EZ, or vice versa.

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 (e.g., filed Form 1040 instead of correct Form 1040NR).
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.

I haven't seen specific IRS guidance on your stimulus payment question, but probably not until you are classified as a U.S. resident alien and have a a social security number valid for employment. Whether the "U.S. resident alien" tests in Publication 519 will be applied for stimulus payment has not been clarified.

You can start counting days of physical presence in 2020, and once you have been present 183 days you will meet the Substantial Presence Test to be a U.S. resident alien for tax purposes. Under that scenario, you will be a U.S. resident for tax purposes on the first day you were present in the U.S. during 2020.

To be eligible for a stimulus payment, you must meet these eligibility requirements, according to the IRS Economic Impact Payment Information Center website at this link:

Are a U.S. citizen or U.S. resident alien;
Cannot be claimed as a dependent on someone else’s return;
Have a Social Security number (SSN) that is valid for employment (valid SSN); and
- Exception: If either spouse is a member of the U.S. Armed Forces at any time during the taxable year, then only one spouse needs to have a valid SSN
Have adjusted gross income below an amount based on your filing status and the number of your qualifying children.

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

A

adarsh salapaka

Level 2

Hi David,

@DavidS127 I'm an international student, and I figured I filed an incorrect return on Turbotax and I need to follow the steps you mentioned i.e File the form 1040X amended return with form 1040- NR.

My questions are:

Q1) Do I need to make the amendment asap or can I do it in my next tax cycle next year?

Q2) I received the stimulus check in the mail after filing 1040R(when I should have filed 1040NR). What do I do with this check? Should I use it and then in my next tax cycle or amendment it would be taken care of as an extra tax or should I refrain from using it?

Thanks

DavidS127

Level 13

@DavidS127

Thank you for getting back!

I've been living here for 4 years soon, and have been on my F1 visa (international student) entire time, am I considered as a resident then or not? since I don't have any permanent status. I am considered as "alien" here.

You are a nonresident alien until you either get a green card or meet the Substantial Presence Test, at which point you are a resident alien eligible to file Form 1040 instead of Form 1040NR.

See the section of IRS Publication 519 at this link for more information on the tax rules if you became a resident during 2019.

See also the section of IRS Publication 519 at this link for information on the Substantial Presence test. Note that your F visa makes you an "Exempt Individual" for a certain period of time, and your days of presence do not count while you are an exempt individual. For a student on an F visa, you can't count days of physical presence until after you have been present for a portion of 5 calendar years.

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"