Int'l student filed 1040 by mistake. She received big refund. Now. I'm doing 1040NR amendment and it is indicating refund. What should I do? I can not write on 1040X much

Forum|Forum|6 years ago
April 20, 2020
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itonewbie

Level 15

All you need is a brief explanation of the context and technical basis. Nothing elaborate. If you run out of space, you are probably saying too much. I'd try to shorten it to just what the IRS needs to know without creating more questions.

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itonewbie

Level 15

BTW, international students are not always treated as nonresident aliens. It all depends on the type of visa they currently hold and in the past, the number of years they have been treated as such, and whether they are in compliance with the condition of their student visa.

---------------------------------------------------------------------------------Still an AllStar

N

nfpenuelaAuthor

Level 2

Thank you for the prompt reply.

she is a F1 visa student

what should I tell to the Int’l about the refund she received because she filed a 1040? will she need to pay back this refund?

On the 1040, she received a refund of $2,400...which she already spent.

Now, on the 1040 NR she is receiving a refund of $1,900

I mean how does the IRS balance out this?

itonewbie

Level 15

It is unusual for international students to receive refunds on a return. Did she have taxes withheld in full on income that should have been subject to concession rate(s) or exemption by treaty? If so, she should make sure she submit the relevant certifications to the payer/withholding agents so that this does not recur.

In terms of the difference in refund, the IRS may impose interest charges on the amount she needs to return. On the 1040X, just show the difference without including any interest. Do, however, let the client know that the IRS may send her a notice for interest due on the balance shown on the return.

---------------------------------------------------------------------------------Still an AllStar

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