I'm a J1 scholar since 2016, and filed my taxes as a Resident Alien for Tax Purposes for 2016 and 2017 despite being exempt from the SPT for 2 years. What do I do?

[annakarinpalm]

I'm a J1 scholar since 2016, and filed my taxes as a Resident Alien for Tax Purposes for 2016 and 2017 despite being exempt from the substantial presence test for 2 years (my HR had me fill out a UPP-192 Alien determination of residency form when I first started my position, and when I asked our tax experts if there were any exemptions for me they told me "no", so I was convinced I was doing it the right way). What do I do? Can I file an amendment to correct this or is it too late?

[SweetieJean]

If you are on a J-1 visa, you will be exempt from the Substantial Presence Test for the first 2 (if non-student) or 5 (if student) calendar years that you are in the US. This means that you are considered a non-resident aliens for US tax purposes.

You will need to amend to aForm 1040NR to report your US source income. TurboTax does not support Form 1040NR. You may want to try https://www.sprintax.com/ which is specifically designed to help international student nonresident aliens with their US tax returns.

Here is a link to the IRS website for Form 1040NR, U.S. Nonresident Alien Income Tax Return . You will only need to report your US-source income on your 1040NR.

Click this link for more information from the IRS on US Tax Guide for Aliens

[rjs]

You have to file an amended return, Form 1040X, with the correct Form 1040NR attached. Download Form 1040X and its instructions from the following links on the IRS web site. You can easily complete the Form 1040X by hand.

Form 1040X: <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/f1040x.pdf">https://www.irs.gov/pub/irs-pdf/f1040x.pdf</a>
Instructions: <a rel="nofollow" target="_blank" href="https://www.irs.gov/pub/irs-pdf/i1040x.pdf">https://www.irs.gov/pub/irs-pdf/i1040x.pdf</a>

Here is what the IRS instructions for Form 1040X say to do for your situation.

• 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.
• Complete a new Form 1040NR return. [You can use Sprintax to do this.]
• Across the top of the new or corrected return, write "Amended."
• Attach the new Form 1040NR return to the back of Form 1040X.

IMPORTANT: You have to do this separately for each year. Mail the amended return for each year in a separate envelope. Do not put both years in the same envelope.

An amended return cannot be e-filed. You have to print it and file it by mail. It takes the IRS up to 16 weeks to process an amended return. If you are amending 2017, don't file the amended return until your first return has been accepted and you have received the original refund.

[SweetieJean]

Remember state taxes as wel/.

[user15985369]

Hello, do I need to send two 1040X forms as one would be for federal and other for state?