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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16547
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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I am a non-resident who has filed a 1040ez in the past years.

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I am a non-resident who has filed a 1040ez in the past years. Should I be filing a 1040NR instead? I have also violated my visa by working in some of those years but I still filed and paid the taxes i owed. If I file to a 1040NR, will the discrepancies alert the IRS for an audit or bring up any suspicions?

Megan C :

Hello! I am a CPA here to assist you with your tax questions. My goal is to provide you with excellent service today.

Megan C :

What type of visa are you on, and have you been in the United States at least 183 days during the year?

Megan C :

Whether or not you are a resident for tax purposes depends on how much you are in the US.

Customer:

I am on an F1 visa. I have been in the United States for 11 years still on a student visa.

Customer:

I left only once in 2008 to renew my visa.

Megan C :

Okay, on an F-1 visa you are only filing a 1040 NR for the first 5 years

Megan C :

after that, you are considered a resident for tax purposes.

Megan C :

So, you would be correct in filing the 1040EZ if you pass the substantial presence test, which it sounds like you did.

Megan C :

You can read about this information, HERE

Customer:

Ok got it!

Megan C :

Is there anything else I can assist you with today?

Customer:

Yes, does that mean i can qualify for IN-state tuition because I believe proving residency is the main qualifier for being an instate student.

Megan C :

Your tax residency and residency for that purposes are two different things.

Customer:

Our international student office does not know i was working either so i am a little worried to bring it up with them.

Customer:

ok that makes sense

Megan C :

The IRS doesn't care if you worked or not, as long as you pay taxes.

Megan C :

So, you would not risk yourself with an IRS audit...but working under your social security number could raise flags with immigration.

Customer:

ok, also my social security card does not say "not valid for employment" so one year i used it for a brief part time job and it worked.

Customer:

"worked" meaning they accepted it.

Megan C :

I can only speak to your tax residency

Megan C :

I cannot comment on immigration

Customer:

ok i understand.

Customer:

thank you very much.

Customer:

i will file a 1040 ez then.

Customer:

i filed an extension so the deadline is coming up.

Megan C :

Yes, it's Tuesday the 15th

Megan C :

Is there anything else I can assist you with today?

Customer:

that will be it, thank.

Customer:

you.

Megan C :

You're welcome. If you would, please rate my response as "excellent" so that I may receive credit for assisting you today

Customer:

ok will do.

Megan C :

Thanks so much!

Megan C and other Tax Specialists are ready to help you
Thanks so much for your positive rating and generous bonus. It is greatly appreciated. I hope you have a wonderful day, and come back and see me next time you have a tax question.