Mistakenly filed form 1040 instead of 1040NR

Forum|Forum|3 years ago
April 14, 2023
2 replies
3 views

Hello, I am an international student. I have mistakenly filed 1040 instead of 1040 NR on Turbotax. I came to know that Turbo Tax doesn't support FormNR and I have to file it using spring Tax. How do I amend my return now?

guywong

Level 6

I believe if you simply file a 1040NR by the due date of the tax return, that would be considered a "superseded" tax return. But are you sure you can't file a 1040? See page 10 of the 1040NR instruction. If you have no income back home and qualify as a U.S. resident under the substantial presence test, you will probably be better off filing a 1040.

https://www.irs.gov/pub/irs-pdf/i1040nr.pdf

Substantial Presence Test
You are considered a U.S. resident if you meet the substantial presence test for 2022. You meet this test if you
were physically present in the United States for at least:
1. 31 days during 2022; and
2. 183 testing days during the 3-year period of 2022, 2021, and 2020

You may also like to read IRS Publication 519

https://www.irs.gov/publications/p519

DawnC

Level 15

Follow the instructions here in this post from expert KarenJ. You do need to file the amendment, but not until the IRS processes the original. Maybe the tax return will get rejected - in which case, you won't need to do anything except file the 1040NR.

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