F1 VISA MISTAKENLY FILED 2023 TAX RETURN AS RESIDENT

[HOPE2]

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.

[BobKamman]

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]

@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]

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.  

[HOPE2]

@BobKamman thanks again.

Client lives in California, and Proseries supports 1040-NR visa F1 only Caifornia and NY for E-filing as I know. But I think it is better as you said to file paper.

My question is what should I do for 1040 which is incorrect. You meant first file 1040-NR F1 visa and on the top mentioning " "Amended from 1040" and attach 1040 (incorrect one) along with making a 1040-X for incorrect one and explain what the client should pay as a non-resident: The client has completed the 1040-NR form and should pay an amount of A dollars, since client had previously received a refund of B dollars in error through Form 1040, now required to pay a total amount of C dollars.

In addition for page 1 of 1040-X for 1040(incorrect one) and page 2 , part 1; should not enter any information, just fill out part II that what happened and 

In fact I file just one 1040-X for incorrect one. if I did not understand, please correct me!

[BobKamman]

The IRS preferred method is to attach a bunch of stuff to the 1040-X.  My preferred method is to file a 1040NR and attach nothing but an explanation and a check for the difference.  IRS will cash it.  

[HOPE2]

@BobKamman thanks again really appreciate.

Whatever I mentioned on my last post if it is correct please let me know;

My question is what should I do for 1040 which is incorrect. You meant first file 1040-NR F1 visa and on the top mentioning " "Amended from 1040" and attach 1040 (incorrect one) along with making a 1040-X for incorrect one and explain what the client should pay as a non-resident: The client has completed the 1040-NR form and should pay an amount of A dollars, since client had previously received a refund of B dollars in error through Form 1040, now required to pay a total amount of C dollars.

In addition for page 1 of 1040-X for 1040(incorrect one) and page 2 , part 1; should not enter any information, just fill out part II that what happened and 

In fact I file just one 1040-X for incorrect one. if I did not understand, please correct me!