Filed 1040NR instead of 1040 for 2008
Feb 21st 2014, 4:56 pm
#1
BE Enthusiast
Thread Starter
Joined: Jul 2012
Posts: 574
Filed 1040NR instead of 1040 for 2008
So, this was for tax year 2008... I filed as a Nonresident. I was using an accountant back then but now I realize she completely botched the tax return - I clearly met the Substantial Presence Test for 2008 and should have filed a 1040 as a resident alien. This actually makes a difference in my total tax (in my favor). But is it too late to do anything about it? The 1040X instructions say nothing about this scenario.
Thanks
Thanks
Feb 21st 2014, 5:42 pm
#2
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Filed 1040NR instead of 1040 for 2008
You filed it in good faith. It is more than three years ago. There is nothing for you to do, and nothing the IRS can do.
Feb 21st 2014, 10:29 pm
#3
Grumpy Know-it-all
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: Filed 1040NR instead of 1040 for 2008
Actually it's too late in the first year, depending on which country he came from.
If you come from a country with a non-discrimination clause in the tax treaty, you can use either 1040 or 1040NR, but you have to explain why on Form 8833. You can't retroactively do it though.
If you became resident in 2008, then probably you actually needed to do a dual-status return, so both approaches are wrong.
If you come from a country with a non-discrimination clause in the tax treaty, you can use either 1040 or 1040NR, but you have to explain why on Form 8833. You can't retroactively do it though.
If you became resident in 2008, then probably you actually needed to do a dual-status return, so both approaches are wrong.
