Amending a Tax Return to Fix Improper Resident Filing.

The following question comes up often: Can an F-1 Student (who is not married to a US resident and who has not been in the US more than 5 years) file a resident US tax return?  The answer is no.  Unfortunately, students sometimes find an unknowing or unscrupulous tax preparer that will improperly prepare resident returns and get them big refunds that they are not lawfully entitled to.  Sometimes the students mistakenly or intentionally file as residents using one of the online or store purchased tax software programs.  When the IRS discovers the misfiling, sometimes after one year, they will impose severe penalties and require repayment of the misbegotten refunds plus interest.  If the IRS finds tax fraud has been committed, criminal charges can be brought.  A finding of tax fraud can also negatively impact the students’ nonimmigrant status.

How We Can Help

What can the student do if they find they have improperly filed a 2023 Resident Tax Return?  They can file an amended tax return.  We can help them with this process. Email me at gary@englercpa.com and let me know what you need.