topic F-1 Visa student and claimed ineligible tax benefits. What should I do now? in Get your taxes done using TurboTax

F-1 Visa student and claimed ineligible tax benefits. What should I do now?

Jeju_Gal — Tue, 10 Sep 2019 01:12:39 GMT

Hi!

I recently learned about American Opportunity Tax credit, and I blindly thought I was eligible to claim the credit. So I submitted all the tax returns, and now I found out I totally should not have! Also turns out, I had to file Non-resident tax forms, but instead I filed a normal one for all the years I've been in the U.S. What should I do now? I have received two years worth of AOTC already in my bank account.

Re: F-1 Visa student and claimed ineligible tax benefits. What should I do now?

mesquitebean — Wed, 11 Sep 2019 20:31:26 GMT

I'll see if I can get someone familiar with international filing to assist you. You said you have been in the USA for 3 years on an F-1 visa. When did you originally come? Are you married?

@pk Are you please able to assist here? Thanks!

Re: F-1 Visa student and claimed ineligible tax benefits. What should I do now?

pk — Thu, 12 Sep 2019 03:00:26 GMT

@Jeju_Gal , please can you tell me the following , similar to the questions asked by @mesquitebean :

when did you enter the country with F-1; which country are you from; how did you earn enough to have to file a return for the earlier years; do you have an ITIN or SSN ( which one? ); if SSN how did you qualify for it; how did you end up getting the AOC since it should have asked for SSN; are you here by yourself or are you married and if so to whom ( US citizen/US Resident/ US national / Resident Alien for tax purposes or a Non-Resident Alien); etc. etc.

Generally the fact that you filed wrong type of return is fixed by amending those returns -- filing 1040-NR -- this may also mean paying back some refunds ( paying additional taxes + interest ); the AOC ineligibility would mean you have return all that monies as part of the amended return.

Please answer the questions raised , as this may lead to a more specific answer and the steps you need to follow to bring yourself in compliance. It is always better to correct errors before the IRS finds them ( sometimes they may not ).