Mistakely file 1040 instead of 1040NR/1040NR-EZ

[hemant]

I am currently in California state from October 2019 on H1B visa. This is my first visit to USA.
I have filed 1040 and 540 (by default) using turbo tax (i am not sure whether i have to file 1040NR/1040NR-EZ and 540 or 540NR). And it is accepted by IRS and CA status.
Please can you let me know whether the form which i have filed are the correct one.
And if not Please can you help me to correct the same.

[DawnC]

It sounds like you need to complete Form 1040-NR which TurboTax does not support.  However, please contact Sprintax which is a TurboTax partner specializing in Form 1040-NR.  

[hemant]

Thanks DawnC

I have one more question related to it. Is there any difference in the federal and state refund amount if filed 1040/540 vs 1040-NR/540NR.
Or it will be the same.

[KarenJ2 · Accepted solution]

The refunds will not be the same on the nonresident returns you will need to file.

You can use the steps here below to amend from 1040 resident return and file a correct 1040NR (nonresident return), AFTER the IRS has accepted your return and you've received a refund (or pay tax due). You will need to have your correct tax return prepared as a 1040NR. TurboTax does support nonresident returns however  we partner with Sprintax and they can help you with a 1040NR. 

Print your 1040NR in Sprintax; do not e-file it..  You must mail the 1040NR along with the amended return Form 1040X 

Per IRS Form 1040X instructions,  page 7: (amended instructions)/

To amend and 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 1040NR,  

• Across the top of the new or corrected return, write “Amended.”   

• Attach the new or corrected return to the back of Form 1040X.  

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

Sprintax 

Form 1040X  

1040X Instructions 

[Anonymous]

Hi @KarenJ2 ,

I have also filed Form 1040 (through Turbotax) instead of Form 1040NR-EZ. I followed the steps in Sprintax, but I got stuck at one point. There is a question which asks me if I have already filed my 2019 return. So is it okay if I answer a no, file my return and attach 1040X to complete the process?

Because if I answer yes, I am shown a message saying the amendment has to be done offline and it might take a long time. And I am unable to continue the rest of the questionnaire.

Any helpful advice would be appreciated! Thanks in advance.

[KarenJ2]

You can complete the 1040X in less than a half hour.  It is not difficult.  You need to be able to finish your nonresident return with Sprintax and print it so you can attach it to your amended return before mailing.  Amended returns cannot be e-filed.

Have Sprintax help you with this question.  I think it would be ok to say "no."  as long as you can print your 1040NR return to attach to the amended Form 1040X and mail both together.  

[Nancy1990n]

@KarenJ2  Can we e file 1040 NR form in general? I heard IRS said ok for e filing of 1040 NR since 2018/2019, am not sure about it. Can you please confirm ?

[KarenJ2]

Our partner,Sprintax will be able to assist you with your question regarding e-filing the 1040NR.  

If you are amending your return, you need to send the corrected 1040NR attached to the Form 1040X.  They would need to be mailed.

[DawnC]

Most of the forms and schedules that are required with Form 1040NR can be e-filed with the return. However, since 2017 was the first filing season for Form 1040NR in the e-file system, there are still a few limitations and restrictions.

Only a small group of tax software firms have spent the time and money to qualify their software to e-file Form 1040NR, so most authorized IRS e-file providers still do not have this capability.

And the answers above are referring to filing a 1040NR as an attachment to a needed 1040X - which can't be e-filed through TurboTax.   @Nancy1990n

[akshayms]

The same happened to me too. I'm on a student visa (F1) but TurboTax didn't ask any of that details.  I fall into the ads of TurboTax being 100% thorough and accurate and paid for a Deluxe account and filed the return. During the process, the website never asked me if I'm a non-resident or my visa status. If they don't support it, that's the first question they should have asked the customer.

Now I see they don't do it, I tried Sprintax, but Sprintax can't do it either because I have 401k and an HSA plan contributed by my employer and asked me to contact a CPA.

Why did I pay for Turbotax?! I have been trying to talk to a customer service person for the last two weeks but they don't even call me back or accept calls.

[MaryK4]

See this link for phone numbers.  What is the TurboTax phone number?

@akshayms

[ablaybozz]

Hello! Thank you for your helpful answer. 

I have a similar situation, but I have already left the USA (I am not the resident), and filled the form wrongly 1040 instead of 1040NR. I quite get what is the procedure to correct it, but did not get where to mail the forms.

And additionally what are the consequences of not correcting it at all? Will I have troubles with IRS or some sort of it? 

Thank you. Regards. 

[hemant]

Also, I am not sure but some of the other agencies who do tax preparation say's, if in the current tax year (let say 2019) if person has not completed 6 months but he/she will going to continue to stay more than next 6 months (2020), then he/she will be eligible for 1040 for 2019 tax year. 
I am not sure this information is correct or not. but this is what i have got from some of  tax portals.

[vsingh45]

Hi Hemant,

@hemant 

Even I did the exact same thing with the exact same dates I arrived in US.

Did you file the amendment to change from 1040 to 1040NR ? Is it possible to do it electronically?

[npierson7]

Yes, you can amend your return. Per the 1040-X Instructions: "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 start your amended return, go back into TurboTax, open the return that you already sent in, and on the first page you see, click on the link to amend your return.