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HOPE2
Level 7
April 30, 2025
Question

F1 VISA MISTAKENLY FILED 2023 TAX RETURN AS RESIDENT

  • April 30, 2025
  • 1 reply
  • 6 views

Hi to all.

An individual on an F-1 visa filed their 2023 tax return as a resident, but  should have filed as a non-resident (his first entry to the U.S. was in July 2022). I would like to know how to correct this by filing an amendment, and what the procedure is for properly filing as a non-resident.

Any help would be appreciated.

This topic has been closed for replies.

1 reply

BobKamman
Level 15
April 30, 2025

We aren't always going to be here to help you, but the 1040-X instructions will be.

Resident and nonresident aliens. Use Form 1040-X to
amend Form 1040-NR. Also use Form 1040-X if you should have
filed Form 1040 instead of Form 1040-NR, or vice versa.
If you are filing Form 1040-X on paper to amend Form
1040-NR, or to 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 1040-X.
• Don’t enter any other information on page 1. Also don’t
complete Part I on page 2 of Form 1040-X.
• Enter in Part II—Explanation of Changes the reason you are
filing Form 1040-X.
• Complete a new or corrected return (Form 1040, 1040-SR,
1040-NR, etc.).
• Across the top of the new or corrected return, write
“Amended.”
• Attach the new or corrected return to the back of Form
1040-X.

HOPE2
HOPE2Author
Level 7
April 30, 2025

@BobKamman thousand thanks.

I am going to e-filing it because I think Proseries support 1040-NR for CA. Incorrect one is 1040 for 2023 which should be corrected to 1040-NR. I get a bit nervous in situation like this. I kindly ask you to help me first complete the incorrect one then move on the next step to create the 1040-NR (correct one) appreciate your presence and support here.

As I understood, first should file 1040-X for incorrect one (1040) for first step, my question is client had a refund by incorrected 2023 return, how can I change it since I am sure client must have had a debt to IRS based on income.  So If I want to E-file how about Part I should I mark:  Tax year being amended  is 2023  and completing all pages? 

How many 1040-X do I need to file? 

BobKamman
Level 15
May 1, 2025

First of all, I don't know what you mean by CA.  California, or Canada?  Or maybe Confused Alien.  And I wouldn't jump through the hoops that IRS suggests.  I would prepare the 1040NR, mark it "Amended from 1040" at the top, and paper file it with a check for the difference between what was paid and what should have been paid.  Include that computation in the explanation.  But if you want to spend half a day on it, rather than half an hour, it's a slow time of the year anyway.