Ma F-1 Visa student ho..aile 2 years vo US aayeko..ani College ma part time kam garchhu..So yespali Anjan ma maile tax refund ko form varera maile Tax refund paye..tara maile galat form vareko raichha..i was supposed to fill up for Non resident Immigrated people (1040 NR) but maile Us citizen le varne 1040 matra vare ra pathidiye ani refun $ 1800 pani pai sake...aba aile social security office le Social security Tax tir vanera mail pathayo..so how can i correct it...i really need some good advise..

If you keep filing 1040 instead of 1040 NR, Social Security office will keep asking you to pay the social security taxes though the refund you got from educational tax credit up to 2500 made your refund higher.

If we suggest to pay the social security tax, you will be asked the same question by Social security office because you school would not withheld ss tax until you are eligible for it ( days are counted), so I would like to suggest to send an amend 1040 NR tax and writing a check with the dollar amount you owe. In couple weeks you will be getting another letter from IRS for interest on the amount may be plus penalty ( not sure).

Best shot as a professional advise is amend the tax and pay the money you owe.

This is not the big deal . Next year file amend form 1040X and also 1040NR for year 2009, it will calculate whaeva payment u need to make to IRS. Mail all with ur check to IRS. IRS later on send you any additional cost u need to pay like interest on whateva u took.

syanjali is right, fill out 1040X (Amended Return). You will have to file Form 8843 as well. I am not sure if you would send that with 1040X or afterwards. May be someone else can advice you about 8843.

1040X Tax Return (http://www.irs.gov/pub/irs-pdf/f1040x.pdf?portlet=3)
1040X Instructions (http://www.irs.gov/pub/irs-pdf/i1040x.pdf)

कुरो एसो परो |

मे २००८ देखी सेप्टेम्बर २००८ सम्म को तलब, मलाई करै नकाटी दिएछ मुर्दा ले OPT माSSSS ! अक्टोबर, नोवेम्बर, डिसेम्बर २००८ को तलब कर-सर काटी वोरी दिएछन !

ट्यक्स रिटर्न बाट झर्ने पैसो तुरुन्त चाहिया थ्यो , CITI बैंक को क्रेडिट कार्ड ले फोन गरेर हैरान हैरान! क्यार्ने ? जानिएन ! $३४०० को क्रेडिट मा $६४०० तिरी सके होला , जाठाहरु अझै $ १४०० बाँकी छ भन्छन ! खैर !

कुरो गरे कुरो कै दु:ख, नगरे नगरेकै दु:ख ! अब कुरो के भने नि माड्साब!

साहुँले जनवरी मै W-2 दियो, तुरुन्तै TURBO TAX (साथी बाट मागी ल्याएको क्र्याक्ड भर्सन ) बाट भरे, पैसो पाइ पनि हले १ हफ्ता मा !

समस्या के त तेरो? भन्नु होला !

छ् नि सर ! छ् नि !

अब त्यो TAX RETURN पाएर पचाइ सके पछी, साहुले अर्को W-2 नि दिन्छ बाSSSSSSS !!! त्यो के को ? भन्या त ! मे २००८ देखी सेप्टेम्बर २००८ सम्म को करै नकाटी दिएको OPT को W-2 रे ! ल हेर्नुश त ! आज आएर ! एस्तो नि गर्ने?

अब के गर्ने होला  भनी, मेरो सानो प्रश्न राखेको छु ! किर्पया झर्को नमानी जवाफ दिनु भये आभारी हुने थिए !

ramprasadneupane ji let me make sure I understand your question - you received an extra W2 after you filed your tax return in 2009 (the W-2 was for 2008). So the total income you showed on your 2008 tax return was wrong it should have been more; is that right? If that's the case, you should have filed an amended return in 2009 and avoided penalty(if any) and interest charges. Anyhow, you too will have to file 1040X (amended return) for 2008. You will have to pay the taxes as well as the penalty(if any) and interest charges. You have three years in which you can file an amended tax return.


You should file an amended return if you discover any of the following items were reported incorrectly: filing status, dependents, total income, deductions or credits.
Source: http://www.irs.gov/newsroom/article/0,,id=108657,00.html

मुरी मुरी धन्यवाद सर ! २००९ हुनु पर्ने म २००८ हुन गएकोमा क्षमाप्रर्थी छु है सर !  
भने  सि २०१० को फाइल गर्दा सङै फाइल गरे हुन्छ , होइन त सर?

@ramprasadneupane- So you were talking about the W-2 for 2009 then. Yes, you can file the amended return for 2009 in 2011 along with your 2010 tax return. Remember that you will be charged interest and penalty(if any) so as far as possible try to pay it ASAP. You can calculate how much interest and penalty(if any) is going to be and then decide if you want to wait or pay it right now (if you are too lazy to calculate let me know how much income the extra W-2 shows and I can calculate it for you)

• You must file Form 1040X within three years from the date you  filed your original return or within two years from the date you paid  the tax, whichever is later.
• If you owe additional tax for 2009, you should file Form 1040X and pay the tax as soon as possible to limit interest and penalty charges.  Interest is charged on any tax not paid by the due date of the original return, without regard to extensions.

(Source: http://www.irs.gov/newsroom/article/0,,id=108657,00.html)

Sabai Sir, Madam lai muri muri dhanyabad..

tara euta prasna ajai man ma rayo...

k Ammendement aile nai file garne ani sath ma check pathaidi halne ki aarko barsa parkhane??

ma aba job chodne manastithi ma chhu..so i guess arko barsa ma tax file gardina hola..so what sud i do?? ani maile suneko installment ma pani paisa pathauna milchha re..so i guess that would be better for me because i dont have all amount to send right now...

 

please give me some good advise..

Namaskar

Let me correct:  As you get OPT you are can file tax 1040 and you do not worry about 1040NR for that tax period. Just add the new w-2 amount and amend, just couple hundred dollars depending up on the dollar you amount on that new-w-2 form.

How you do:

First, Redo your tax adding all the w-2 forms and print out it, gives the glimpse of your  correct tax filing, and will help you  to compare the reasons for differences and where  the differences are. Did you do it online or the software you bought?

If you have done online, you have to go amend and will guide you through it.

If you do not have complicated tax ( just w-2s) advise to use tax-act.com which is same as turbo tax and cheaper to file ($20 or less for state and federal). Some one may suggest there are free filing software too, year  if you are illegible you may able to file free federal and state.

For your future reference: If you filing tax try to do it manual way and it will make you read the instruction and will give you full idea what part of that form is related to you. Then when you do online, you will know which part to skip and which part you should not be missing and if missed what did you miss and look for it.
Good luck.

@syanjali- where did you read that you can file 1040 when you are on OPT? Whether or not you are on OPT is completely irrelevant. As long as you are on F-1 visa, you file 1040 NR for the first 5 years and then you can file 1040 from the 6th year.

@ tapari Bahun -

k Ammendement aile nai file garne ani sath ma check pathaidi halne ki aarko barsa parkhane??
- File the ammendement ASAP if you want to avoid interest and penalty charges. Legally, you have three years in which you can file an amended tax return.

ma aba job chodne manastithi ma chhu..so i guess arko barsa ma tax file gardina hola..so what sud i do??

- Even if you don't work for an entire year, you will have to file form 8843. Since you have already worked for the first few months in 2010, you will have to file the tax return for 2010 in 2011 (even if you quit your job today and don't work for the rest of the year)

ani maile suneko installment ma pani paisa pathauna milchha re..so i guess that would be better for me because i dont have all amount to send right now...

-IRS Form 9465 http://www.irs.gov/pub/irs-pdf/f9465.pdf   
http://www.irs.gov/businesses/small/article/0,,id=108347,00.html#2

Does this applies? And can file 1040 instead of 1040NR , Not sure now.

Substantial Presence Test

You will be considered a U.S. 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 on at least: 31 days during the current year, and 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.

@syanjali-People on F-1 visa are "exempt individuals".

Exempt Individual

Do not count days for which you are an exempt individual. The term "exempt individual " does not refer to someone exempt from U.S. tax, but to anyone in the following categories who is exempt from counting days of presence in the U.S.:

• An individual temporarily present in the United States as a foreign government-related individual
• A teacher or trainee temporarily present in the United States under a "J " or "Q " visa, who substantially complies with the requirements of the visa
• A student  temporarily present in the United States under an " F" "J, " "M, " or "Q " visa, who substantially complies with the requirements of the visa
• A professional athlete temporarily in the United States to compete in a charitable sports event

Source: http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html

Thanks, I thought once you are in OPT can use 1040.

@ sab_nepaliko_sathi:
Hajur ko sayog ko lagi ma nikkai aavari chhu. ani ill try to correct the mistake. but i haven't received any letter from IRS yet..the letter was just from social security office. so should i wait for the warning letter from IRS or just send them the 1040 NR with 1040X and check.

Thanks for ur help sir.

@Tapari Bahun-- If you want to file the amended return you can do it now, you don't have to wait for anything.

However, I hope you understood what mech meant by,"बांकी कुरा, सही टैक्स फॉर्म भर्नु तिम्रो कर्तब्य हो.... कही सलाह दिन मिल्दैना... मिलाएर बुझनू". Legally you are supposed to be filing 1040NR that doesn't mean that everyone does that. In fact most international students I know file 1040 and get away with it. I have never heard of anyone getting in any kind of trouble because they filed 1040 instead of 1040 NR. I am surprised that the Social Security Office even sent you that letter. If you want to wait and see what the social security office does next then you could do that as well. I am telling what the proper/legal thing to do is. This doesn't mean that you have to do that. I hope you understand what I am saying.

Disclaimer: I am not a tax attorney. Please consult a tax professional to discuss your particular case before completely relying on any information given by me. I have put in a good faith effort to provide you good advice to the best of my knowledge.

If the tax payer is not illegible for 1040 for that tax year, the tax pro's advise will is do it the right way. Which is amend the tax and do 1040 NR.