Tax return for F-1 students staying less then 5 years in the US

[rudgus519]

Hi,

 I am a graduate student with F-1 visa, but since I stayed in the US for less than 5 years, I believe I am still a non-resident alien.
However TurboTax somehow let me to apply for tax return, and I actually successfully received it two weeks ago.
However, a week later, an agent in the international affairs in my school told me that I should have not used TurboTax because of my residency status.
In this case, will this affect my tax status and immigration status in the future?

Thank you in advance!

[LinaJ2018]

Please see below.  This does not affect your immigration status.  You just need to amend your original return to correct your tax return.

[rudgus519]

Thank you for your answer!
Is Sprintax the only program that I can amend the original return through? Is it possible to use another program that my school offers for the international students? And do I , myself, need to let IRS knows that my tax return would be changed? Or do the programs such as Sprintax automatically inform IRS about this amend?

Thank you in advance again!

[LinaJ2018]

See below

[LinaJ2018 · Accepted solution]

As a F-1 visa holder, you are considered as an 'exempt' individual, meaning not counting days when you reside in the United States for five years.  You should be filing a form 1040NR.  For the TurboTax program, it does not support nonresident 1040NR and assumes every filer is a resident so there are no questions related to your immigration status being asked in the program. Since you have already filed the 2019 tax return, you are suggested to use our affiliated partner, Sprintax to complete your nonresident form and also amend the original return.  

You would need to submit both the Form 1040-X and Form 1040NR together:

1. Download the Form 1040-X from the 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)
2. Do not enter any other information on page 1.  
3. Do not complete Parts I or II on page 2 of Form 1040X.
4. Enter in Part III the reason why you are filing Form 1040X.
5. Complete a new or corrected Form 1040-NR.  As TurboTax does not support nonresident forms, click here Sprintax.
6. Across the top of Form 1040-NR, write “Amended”
7. Attach the new or corrected return (Form 1040NR) to the back of Form 1040-X.

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

https://www.irs.gov/pub/irs-pdf/i1040x.pdf, page 7 under Residents and Nonresidents

[Ak4]

If I filed my tax as resident but my income was very less(lower slab) and filling 1040NR would make any difference to either getting a refund or paying to IRS. Do I still need to file amendment form?

[TaxGuyBill]

@vijay24805   Yes.  You filed an incorrect tax return, so you should amend.  Also, it would be unusual if there isn't any difference in tax, but it is possible.

[Ak4]

Thanks! Do I need to amend state tax as well?

[TaxGuyBill]

Possibly.  Depending on the State, the State usually starts off with a number from the Federal tax return.  If that number on the Federal tax return does not change, you probably don't need to amend State.

[Ak4]

Thank you so much! Could this error impact my visa processing in future like obtaining a H1b visa or Greencard?

[TaxGuyBill]

That is beyond my knowledge, as that is not a tax question.  However, if it you correct it, it should not affect anything.  If you don't correct it, it could impact such things.

[siddgovilkar]

Hello. I am in the same situation as AK. After amending the tax return, it turns out that I owe $0.42 tax. How do I pay this amount? I have already submitted the amended return (1040X and other forms) to the IRS, and I did not send a check of that amount ($0.42). The online tax payment option does not allow me to pay tax that is less than $1. Please help.

[LinaJ2018]

You do not have to use Sprintax to prepare form 1040NR.  You can use any tools or even IRS website to locate the form https://www.irs.gov/pub/irs-pdf/f1040nr.pdf.  When you do the amendment form 1040-X ( see above answer) , that's how IRS know you are correcting your original return.  Therefore, you do not need to contact them separately.