Filed wrong tax return, as F1 student for federal and state! Also got all the refund including the stimulus check for Covid-19! How to fix it?

[kumarankit1996]

I have received Federal, State and Stimulus money for COVID-19.

I am on F1-OPT, have filled 1040 for Federal and Nonresident and Part-Year Resident Income Tax Return for NY as I lived there for 18 months!

How can I fix it?

[DavidS127 · Accepted solution]

Because you filed a Form 1040 but were not a U.S. citizen or resident, you need to file a Form 1040X amended return with a Form 1040-NR attached.

For the stimulus payment made to you as nonresident alien, you will need to contact the IRS for guidance.  But, at the current time the IRS is not accepting telephone calls due to the COVID-19 situation.

For the amended tax return, first you will need to prepare a Form 1040-NR tax return.  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.

[sdontsay]

Hi David,

I am in the same situation with this student, the diffference is that I misfiled 1040 form with $1 income, and I did earn more than that. Do I need to enter information besides personal information on page 1, like column A, B and C?

Thanks!

[kumarankit1996]

Hi David, 

Thanks for the clarification, really appreciate it. 

I wanted to know when can we file the amendment Form 1040? I heard that We can file it after the tax filing date has passed!

Can you confirm when at the earliest can we file the amendment?

Thanks

[CatinaT1]

You can file an amendment at any time.

[SANDEEPU123]

Hi did u fill the 1040x parts or 1040nr amended is enough

[KOiwake]

Hi guys, 

I'm also in a similar case and I didn't notice this till I left the country. 

Is it still too late to amend the tax return for 2020 and since the amount is high, what kind of payment option is there to return the amount that was received from previous years? Is there an installment option or has to be upfront? 

[FangxiaL]

It is not too late to file your 2020 amended return. The IRS has three years to assess any additional tax if you are audited. 

You should be able to set up an installment plan with the IRS. Interest and penalties apply as long as you have a balance due. If you owe $50,000 or less, you may qualify for a Streamline Installment Agreement. The minimum monthly payment is no less than Balance due $xx./72, which is equivalent to a six-year payment  plan. 

@KOiwake