Misfiled as a resident while on F1 visa

[jeetshek]

Hi,

I am on a F1 student visa in the USA since 2014. I misfiled taxes using Turbotax in 2016/17 and I believe I shouldn't have done so because the software is for residents only. I was wondering how I could amend it? More importantly, do I need to amend it considering I haven't heard anything from IRS as yet.

[MarilynG1]

After five years on an F1 student visa (and 183 days present in the preceding three years), you can file as a Resident, so your 2019 and 2020 tax returns can be completed in TurboTax as a Resident. 

However, you are correct that probably in 2016/2017 you should not have filed a Resident return.   The IRS can generally audit you for the last three years, and may have done so if your return was substantially incorrect.  You probably don't need to amend those returns.

Click this link for more info on IRS Audits

This link has more info on F-1 Visa Holders

. 

[jeetshek]

Makes sense. Thanks a lot for addressing this big headache. 

Quick follow-up question- What are the major differences when you file as a resident and non-resident via the Turbotax software? (specific to my case, F1 visa)

@MarilynG1 

[MarilynG1]

As a non-resident alien, you can't use TurboTax, but can use our partner, Sprintax.

Although I haven't used Sprintax, I imagine the end result is about the same; the IRS want to tax your income.

Click this link for more info on Tax Tips for Resident and Non-Resident Aliens.