Mistakely file 1040 instead of 1040NR/1040NR-EZ

Forum|Forum|6 years ago
February 17, 2020
5 replies
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I am currently in California state from October 2019 on H1B visa. This is my first visit to USA.
I have filed 1040 and 540 (by default) using turbo tax (i am not sure whether i have to file 1040NR/1040NR-EZ and 540 or 540NR). And it is accepted by IRS and CA status.
Please can you let me know whether the form which i have filed are the correct one.
And if not Please can you help me to correct the same.

Best answer by KarenJ2

The refunds will not be the same on the nonresident returns you will need to file.

You can use the steps here below to amend from 1040 resident return and file a correct 1040NR (nonresident return), AFTER the IRS has accepted your return and you've received a refund (or pay tax due). You will need to have your correct tax return prepared as a 1040NR. TurboTax does support nonresident returns however we partner with Sprintax and they can help you with a 1040NR.

Print your 1040NR in Sprintax; do not e-file it.. You must mail the 1040NR along with the amended return Form 1040X

Per IRS Form 1040X instructions, page 7: (amended instructions)/

To amend and file the correct return, do the following: 

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 or corrected return, Form 1040NR,
Across the top of the new or corrected return, write “Amended.” 
Attach the new or corrected return to the back of Form 1040X.

**Make sure you check the box to show the tax year that you are amending on Form 1040X.

Sprintax

Form 1040X

1040X Instructions

DawnC

Employee

It sounds like you need to complete Form 1040-NR which TurboTax does not support. However, please contact Sprintax which is a TurboTax partner specializing in Form 1040-NR.

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hemantAuthor

Thanks DawnC

I have one more question related to it. Is there any difference in the federal and state refund amount if filed 1040/540 vs 1040-NR/540NR.
Or it will be the same.

KarenJ2Answer

The refunds will not be the same on the nonresident returns you will need to file.

Print your 1040NR in Sprintax; do not e-file it.. You must mail the 1040NR along with the amended return Form 1040X

Per IRS Form 1040X instructions, page 7: (amended instructions)/

To amend and file the correct return, do the following: 

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 or corrected return, Form 1040NR,
Across the top of the new or corrected return, write “Amended.” 
Attach the new or corrected return to the back of Form 1040X.

**Make sure you check the box to show the tax year that you are amending on Form 1040X.

Sprintax

Form 1040X

1040X Instructions

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DawnC

Employee

Most of the forms and schedules that are required with Form 1040NR can be e-filed with the return. However, since 2017 was the first filing season for Form 1040NR in the e-file system, there are still a few limitations and restrictions.

Only a small group of tax software firms have spent the time and money to qualify their software to e-file Form 1040NR, so most authorized IRS e-file providers still do not have this capability.

And the answers above are referring to filing a 1040NR as an attachment to a needed 1040X - which can't be e-filed through TurboTax. @Nancy1990n

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hemantAuthor

Also, I am not sure but some of the other agencies who do tax preparation say's, if in the current tax year (let say 2019) if person has not completed 6 months but he/she will going to continue to stay more than next 6 months (2020), then he/she will be eligible for 1040 for 2019 tax year.
I am not sure this information is correct or not. but this is what i have got from some of tax portals.

vsingh45

Hi Hemant,

@hemant

Even I did the exact same thing with the exact same dates I arrived in US.

Did you file the amendment to change from 1040 to 1040NR ? Is it possible to do it electronically?

npierson777

Yes, you can amend your return. Per the 1040-X Instructions: "Resident and nonresident aliens. Use Form 1040X to amend Form 1040NR or Form 1040NR-EZ. Also, use Form 1040X if you should have filed Form 1040 (or, for years before 2018, Form 1040, 1040A, or 1040EZ) instead of Form 1040NR or 1040NR-EZ, or vice versa.

To start your amended return, go back into TurboTax, open the return that you already sent in, and on the first page you see, click on the link to amend your return.

jhak621619

I made a mistake between 1040 and 1040rn. So I owe money and I shouldn't. Should I pay my dues before I do the new 1040rn and 1040x.
how does the repayment process work if you no longer live in the usa and intend to close your usa bank account? how long does it take?