Correct tax files as a resident alien

[shuxuefenshi]

I realized that I may make a mistake when file the tax forms this year. Here is my detailed status:

I'm single and was a J-1 non-degree student at July 2013 - Sep 2013 (I've never been to US before that period). Then I have been an F-1 student since Aug 2014 (to now). Just double check: should I be a resident or non-resident alien?

I have thought I am a non-resident alien because it is the fifth year of my F-1 status. I have filed my forms as an NRA and already got tax returns. I'm kind of worried if I have made a mistake here. If so, could I correct it, perhaps this year or the next year?

Thanks!

[LinaJ2018 · Accepted solution]

You will be a resident alien for 2018 tax year.  As an F-1 visa holder, you are considered as a nonresident for five years from the first year you enter the US ( 2014-2018). However, since you have already used one year for nonresidency while on the J-1 visa, you can only use the remaining four years as a nonresident under the F-visa (2013-2017), you will be a resident in 2018 if you stay more than 183 days in the US.  

If you have filed a Form 1040NR and needs to amend by submitting a Form 1040, please see steps below.  Basically, you would need to submit both the Form 1040-X and form 1040NR together:

• Download the Form 1040-X from IRS website (see below).  On the front page of Form 1040-X, enter your name, current address, and social security number (SSN) or IRS individual taxpayer identification number (ITIN)
• Do not enter any other information on page 1.  
• Do not 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 form 1040.  You can use TurboTax to file.
• Across the top of the Form 1040, write “Amended”
• Attach the new or corrected return (Form 1040) to the back of Form 1040-X and submit to the IRS.

https://www.irs.gov/pub/irs-pdf/f1040x.pdf  - form

https://www.irs.gov/pub/irs-pdf/i1040x.pdf  - instructions

(See page 6 under Residents and Nonresidents)

[shuxuefenshi]

Thank you so much for the reply! May I ask two following questions: 1) how soon should I correct it? Do I have to correct it before April 15 this year, or within 3 years from now? 2) Should I correct both Federal Forms and State ones?

[shuxuefenshi]

Moreover, I have had an internship last year. I found that the W2 form from the company has an empty Box 6 (Medicare tax withheld). Is this expected?

[LinaJ2018]

You have can amend within three years.  For the federal Yes.  which state are you filing?

[LinaJ2018]

Because you were a nonresident, that's why they should not withhold any FICA taxes.   Since you have become a resident for tax purposes, contact your employer to adjust the info on your W-2.  You should start paying FICA for your retirement.

[shuxuefenshi]

My school is at NC and I have the internship at CA. Therefore I have filed the forms to these two states.

[shuxuefenshi]

And just to double check: I have to request a new W-2 form from my employer with FICA withhold, am I correct? If so, I'm wondering whether it's only a change to the W-2 form, or I need to also send checks to them for the withhold?

[shuxuefenshi]

Hello, sorry to disturb, are you still around?

[LinaJ2018]

Hello back.  Yes, as a resident, you would need to start paying the FICA.  This will be a discussion between you and your employer.  

[shuxuefenshi]

Thank you! So if I buy a service at Turbotax Live, could the CPA help me to figure this out step by step? (If I need to ask my employer, I'm afraid it won't be finished before April 15 and I'm not sure whether Turbotax's CPA could still help me after April 15).

[shuxuefenshi]

Hello again, could you please kindly help confirm my question above? (ie. whether the CPA could help me with amending the previous return that is not prepared by Turbotax, even after April 15)