International student mistakenly filed both federal and state (Colorado) tax return as US citizen using Turbo Tax. How do I fix both the federal and state tax returns?

[nhanjkl]

I read one answer on this forum saying that I need 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)". It's two weeks from the date I filed the tax and I haven't received the refund yet, while the deadline for filing tax return this year is 2 days from now.

So do I need to wait until I receive the refund before I can file the amended tax as outlined here? Would that be considered as missing the deadline since I don't want to run into any trouble in the future. Can I file the amended forms now rather than waiting for the refund?

And if I receive the refund directly deposited into my account how can I return the money?

And can you show me how to file the amended forms for the state tax?

Thank you so much!

[SusanY1]

It really is best to wait for the refund, in case it is adjusted.  You can extend your time to file so that you can be a little less stressed by filing this form (by mail): IRS Request for Extension.

Once you receive your refund your amended return will reflect the difference between what you received and what you should have received - this is another reason why it is important to wait.  You will return only the part that is more than what would have been the refund on the amended return (if anything - sometimes the IRS ends up owing you more money instead.) 

Your state tax return can be amended if necessary after you prepare the federal one - you will need key information from it to update your state return.  It is possible that it will not require amendment. 

You have filed a return so you will not be subject to any penalties for late filing.  You could potentially owe a little bit in late penalties and interest for any late payment but if that happens you can often have the penalty portion removed with a simple phone call to the IRS asking for "First Time Abatement" penalty relief.   

[pk]

@nhanjkl , two options --

(1) use the services like  SprinTax , Tax Professional familiar with international student filings or seek help from your school;  

(2)  download the form 1040-NR-EZ , it is a fillable .pdf.  Fill this out as if this is the first time ( i.e. not as an amended return);   include a note explaining  that you had filed using the wrong form and this is to correct that un-intentional error;  attach a copy of the  return already filed  marked " not for processing",  mail the whole shebang to the IRS ( for your state  or region ). This will mean human intervention at the IRS and will take time but you have filed as required by law.

There is no change for the state.

Good Luck

[Seahawk190]

Just wait for your refund then file an amended return. That’s all you need to know. Everything else will be OK. 

[pk]

@Seahawk190 , please see my reply above -- whereas your reply is spot on for amending a form 1040  ( for US citizens/Residents/Residents for tax purposes ), for filing the  wrong form by Non-Residents  ( i.e. Non-Residents filing their return on form 1040 instead of form 1040-NR or 1040-NR-EZ ), is really not an amended return-- it is actually a new  return filed using the correct form as detailed in my reply earlier.

[Seahawk190]

Why?

[pk]

@Seahawk190 , when you amend a return you are changing an existing return filed on proper form i.e. form 1040.

When one files a return using the wrong form  ( using form 1040 when it should have form 1040-NR or 1040-NR-EZ ), it is null and void. So you have to file a NEW return using the proper form  and attach the return in error with it. This will result in  IRS purging the  old "error" return  and replace this the  return filed correctly.  Does that make sense ?

[JLK20]

@pk Hi pk,

Thanks for your answers! They all make sense to me.

I have a follow-up question, suppose that I received a refund of $1000 after filing the original 1040 (which should have been 1040-NR).

Right now, when I prepare my 1040-NR, I find out I owe $200 (this is as if I filed an original 1040-NR, and the 1040 never existed).

Just sanity check:

+ Do I owe $1200?

+ If so, can I pay that amount online when I mail in my 1040-X envelope? Would IRS know I have already paid when they process my 1040-X?

+ Based on this instruction here do we have to include the $1200 amount on form 1040X because it says don't enter any numbers on Parts I and II?

Thanks in advance!