F1 Student Filed Resident Tax Return by Mistake Using TurboTax – How to Correct?

[captmdismail]

Hi TurboTax Community,
I need some guidance regarding my son's tax filing. He is currently in the U.S. on an F1 visa and working under OPT. Unfortunately, he mistakenly filed a resident tax return (Form 1040) using TurboTax, but as an F1 student, he should have filed Form 1040-NR as a nonresident.
My questions are:
1.Since TurboTax does not support Form 1040-NR, how can he amend or correct his tax return?
• Will he still  receive a refund from Turbo tax for the fees he paid?
• Which software is best suited for preparing and filing Form 1040-NR?
• Can he claim the U.S.-Bangladesh tax treaty benefit as a student under OPT while filing Form 1040-NR?

Any help or advice on how to proceed would be greatly appreciated!
Thank you in advance.

[Vanessa A]

If he is a Non Resident Alien, then he needs to file a 1040 NR to correct the filing of the 1040.  Our partner Sprintax does and can help with your non resident return.  They will be better able to answer any questions regarding his return.

 

[pk]

@captmdismail , salam aliquom

Is this issue settled or do you need more help on this?   I am in general agreement with my colleague @Vanessa A , based on the info provided by you.   I wanted to be assured that this is all.  I say this because  absent more details on your son ( for example , when he entered the country, when did he switch to OPT etc. ) the answer may be different or at least slightly modulated.  Also is he asserting US-Bangladesh tax treaty benefits ?

If you do not wish to discuss details in this public forum, you can always PM me  ( just no PII-- Personally Identifiable Information , please )

pk

[guywong]

Since your son is working under OPT, I assume he has already graduated from college and that he has been living in the U.S. for more than 365 days.  

If that's the case, there is something in the U.S. tax law called "Substantial Presence" test.  Click on this link to see if your son qualifies.  If he does, he files a 1040, not 1040-NR.

Substantial presence test | Internal Revenue Service

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Example:

You were physically present in the U.S. on 120 days in each of the years 2021, 2022 and 2023. To determine if you meet the substantial presence test for 2023, count the full 120 days of presence in 2023, 40 days in 2022 (1/3 of 120), and 20 days in 2021 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2023.