giogis245 Posted March 17, 2015 Report Share Posted March 17, 2015 A teacher is in the USA from Spain on a J1 visa, he filed 2012 as NR and then 2013 and 2014 he filed as resident with a 1040. Was that the correct way to do it? He tried to amend 2012 to file 1040 and not 1040NR and IRS rejected it and also told him that he needed to file 2013 as non resident. Please help!! Thank you. Quote Link to comment Share on other sites More sharing options...
MsTabbyKats Posted March 17, 2015 Report Share Posted March 17, 2015 It's 2 years as an non-resident for a J-1. 1 Quote Link to comment Share on other sites More sharing options...
giogis245 Posted March 17, 2015 Author Report Share Posted March 17, 2015 Ok, so 2013 he filed 1040 and it should've been 1040NR. What if he doesn't amend to fix that? He would have to pay back some of the credits he received in 2013 when he filed as a resident. Quote Link to comment Share on other sites More sharing options...
MsTabbyKats Posted March 17, 2015 Report Share Posted March 17, 2015 As an NR...you never file joint and you never have dependents (a few exceptions...but not from Spain). You also have to itemize. So...if he amended it...he probably would owe. If he plans on getting a Green Card...they want to see past tax returns....so it could be problematic. Sometimes there are issues when the person leaves the US. He was supposed to file the 1040-NR in 2013...and if the IRS told him to amend 2013....they may follow-up. 1 Quote Link to comment Share on other sites More sharing options...
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