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Level 1
posted Mar 16, 2021 4:43:41 PM

Misfiled as a resident while on F1 visa

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.

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3 Replies
Expert Alumni
Mar 16, 2021 6:06:51 PM

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

 

 

 

Level 1
Mar 17, 2021 7:49:16 AM

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 

Expert Alumni
Mar 17, 2021 10:52:13 AM

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