Help! I need advice on how to correct from 1040 to 1040NR for international student
I'm freaking out a bit here and could use some guidance! I filed my taxes using TaxSlayer for 2024, but realized afterward that I made a huge mistake. As a non-resident student, I should have filed a 1040NR instead of the regular 1040 that TaxSlayer prepared for me. My federal return was already accepted (though not approved yet), and I'm really anxious about this error. I should have done more research before filing! After reading some posts online, I decided to file for an extension using IRS DirectPay. I'm in Massachusetts and made similar payments for my state taxes too. Now I'm not sure what to do next. My questions are: * Did I handle the extension correctly with these payments? * What happens if my incorrect return gets approved and I receive a refund? * Is there a way to check if my extension was actually approved? * What should my next steps be if what I've done so far is wrong? Thanks for any help! Sorry for the long post but I'm seriously worried about this!
21 comments


Amina Toure
You've got reason to be concerned, but don't panic! Filing the wrong form (1040 instead of 1040NR) is a common mistake for international students. First, filing an extension was a good move. When you paid through DirectPay and selected "extension" as the reason, that automatically files your extension - there's no separate "approval" process. The extension gives you until October 15 to file correctly. Next steps: 1. You'll need to file an amended return using Form 1040-X along with the correct 1040NR. Don't wait for the original return to be processed - you can file the amendment now. 2. If you receive a refund from the incorrect return, don't spend it! You'll likely need to return some or all of it when your amended return processes. 3. Use tax software specifically designed for non-residents like Sprintax or GlacierTax, as most standard software doesn't handle 1040NR properly. 4. Document everything carefully - keep copies of your original return, the amendment, and all correspondence with the IRS.
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Paolo Ricci
•Thank you so much for the quick response! Should I wait for my original return to be fully processed before filing the 1040-X and 1040NR, or can I really start that process now even though the original return is only "accepted" but not "approved" yet? Also, do you know if there are penalties I should expect for filing the wrong form initially? I'm trying to budget for any potential costs this mistake might create.
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Amina Toure
•You don't need to wait for the original return to be fully processed - you can begin preparing your amended return with the 1040-X and 1040NR now. The IRS actually recommends filing an amendment as soon as you discover an error. Regarding penalties, the good news is that since you filed on time and are now taking steps to correct the error, you're unlikely to face significant penalties if you complete the amendment promptly. You might have some interest charges if you end up owing additional tax after the correction, but filing the extension helps minimize this. The IRS generally doesn't penalize honest mistakes, especially when taxpayers take prompt action to fix them.
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Oliver Zimmermann
After dealing with a similar situation last year (filed 1040 instead of 1040NR as a J-1 researcher), I found this amazing tool at https://taxr.ai that literally saved me hours of stress. It analyzed my incorrect return, highlighted the specific differences between what I filed and what I should have filed, and gave me personalized guidance for completing my amendment. What was really helpful was that it showed me exactly which deductions and exemptions I was eligible for on the 1040NR that weren't available on the regular 1040. The tax treaty benefits alone made a huge difference in my case! The site also helped me understand which income was taxable vs. non-taxable for my specific visa status. I was able to submit my amended return with much more confidence and ended up getting an additional refund I didn't even know I was entitled to!
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CosmicCommander
•Did it help you with the actual filing process too? I'm in the same boat (filed regular 1040 but need 1040NR as F-1 student) and I'm not sure what software to use for the amendment since most popular ones don't seem to support 1040NR well.
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Natasha Volkova
•I'm skeptical about these online tools... How does it actually work with the amendment process? Does it fill out the 1040-X for you or just tell you what to do? And how accurate is it with the tax treaty provisions? My country has some weird specific exemptions.
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Oliver Zimmermann
•It doesn't file the forms for you, but it provides a detailed report that makes completing them much easier. The tool analyzes your tax situation and gives you line-by-line guidance for both the 1040-X and 1040NR, so you know exactly what to put where. For the tax treaty provisions, I was amazed by how detailed it got. You can select your specific country and visa type, and it shows you all applicable treaty benefits. My situation involved Article 22 of the US-France tax treaty, and it correctly identified my research stipend exemption amount. For software recommendations, it suggested Sprintax for completing the actual forms, which worked great for my amendment.
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CosmicCommander
Just wanted to update that I followed the advice about using https://taxr.ai for my 1040 to 1040NR amendment issue, and it was incredibly helpful! I was really worried about missing something important since the non-resident rules are so different. The analysis showed me that I had been taxed on my scholarship money incorrectly and identified a tax treaty benefit I had no idea about. It also explained exactly why the 1040NR was the correct form for my situation and what differences would affect my tax liability. I ended up getting back an additional $1,240 that I would have completely missed! The step-by-step instructions for filling out the 1040-X made the process much less intimidating. Highly recommend for anyone in a similar situation.
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Javier Torres
For anyone dealing with this amendment process, I strongly recommend using Claimyr (https://claimyr.com) to actually speak with an IRS agent about your case. I tried calling the IRS directly for weeks about my 1040/1040NR issue and kept getting disconnected or waiting for hours. With Claimyr, I got a callback from an actual IRS agent within 45 minutes who confirmed my understanding of the amendment process and gave me specific advice for my situation. They even noted my account to show I was taking steps to correct the issue. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was able to tell me exactly how to handle the refund from my incorrect return and what documentation I needed to include with my amendment. This saved me from making more mistakes in the correction process.
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Emma Davis
•How does this actually work? Do they somehow get you to the front of the IRS phone queue? That sounds impossible given how backed up the IRS phone lines are.
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Malik Johnson
•This sounds too good to be true. I've tried calling the IRS international taxpayer line at least 10 times about my amendment and either get disconnected or told the wait is over 2 hours. No way someone could get through that quickly...
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Javier Torres
•It works by using an automated system that navigates the IRS phone tree and waits on hold for you. Instead of you personally waiting on hold for hours, their system does it and then connects you when an actual agent picks up. It's not cutting the line - they're just handling the hold time for you. They use the same publicly available IRS phone numbers anyone can call, but their system is persistent and can redial automatically if disconnected. For international tax issues specifically, I found it especially helpful because those specialized agents are even harder to reach than regular IRS representatives. The system also helps you navigate to the correct department based on your specific issue.
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Malik Johnson
I was completely wrong about Claimyr! After my skeptical comment, I decided to try it as a last resort for my 1040NR amendment questions. After weeks of failed attempts calling the IRS directly, I got connected to an IRS international tax specialist in about 35 minutes. The agent confirmed that I didn't need to wait for my incorrect return to process before filing the amendment (which was a huge relief) and gave me specific guidance on how to reference the tax treaty article that applied to my situation on the 1040NR. She also explained exactly how to handle the scholarship portion that was reported incorrectly on my original return. This saved me from potential penalties since I was about to make another mistake on my amendment. Definitely worth it just for the peace of mind of getting official confirmation on how to proceed.
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Isabella Ferreira
As someone who works at a university tax assistance office, I see this mistake a lot. One important thing nobody mentioned: if you're switching from 1040 to 1040NR, pay special attention to your state tax situation too! Many states don't have a specific "non-resident alien" form like the federal 1040NR. For Massachusetts specifically, you'll likely need to file Form 1-NR/PY (part-year resident/non-resident) instead of the resident return. The state amendment process is separate from federal. When completing your state amendment, you'll need to reference your corrected federal income from the 1040NR, not the original 1040. This often results in significant differences in state tax liability.
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Paolo Ricci
•Oh wow, I hadn't even thought about the state implications! Do you know if I need to file the state amendment at the same time as the federal one, or should I wait until the federal amendment is processed first?
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Isabella Ferreira
•It's generally best to prepare both amendments at the same time, but file the state amendment after you have confirmation that the federal amendment was received (not necessarily processed). Massachusetts wants you to include a copy of your federal amendment (1040-X) with your state amendment. You'll use Massachusetts Form CA-6 for the state amendment. Make sure you're using the correct schedules that reference your 1040NR information rather than the original 1040 data. For Massachusetts specifically, as a non-resident student, you're only taxed on Massachusetts-sourced income, which can make a significant difference compared to your original filing which likely taxed your worldwide income.
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Ravi Sharma
I just want to add one thing from my experience - if you received a scholarship or fellowship, the tax treatment can be COMPLETELY different on 1040NR vs 1040! On a regular 1040, qualified education expenses reduce the taxable portion of scholarships. But on 1040NR, for many non-resident students, scholarship/fellowship for tuition and fees is completely non-taxable without reducing your education credits. Also, many tax treaties allow for reduced taxation on personal services income for students/researchers. I nearly overpaid $3200 by using the wrong form initially.
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NebulaNomad
•This is so important! When I amended from 1040 to 1040NR last year, I discovered my country's tax treaty exempted the first $5000 of my teaching assistant income completely. The tax software I originally used had no idea about this!
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Freya Thomsen
Don't forget to include Form 8843 with your 1040NR amendment! This is required for all F, J, M and Q visa holders even if you have no income. I missed this when amending my return and it caused delays. Also, make sure you're using your correct residency status. The substantial presence test works differently for students vs other visa types, and it's easy to calculate wrong. If you've been in the US for more than 5 calendar years on an F visa, you might actually need to file as a resident alien (1040) rather than non-resident (1040NR).
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Paolo Ricci
•Thanks for mentioning Form 8843! Do I need to include that with the amendment even if I already submitted it with my original (incorrect) 1040 filing?
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Freya Thomsen
•Yes, you should still include Form 8843 with your amendment package even if you filed it with your original return. The amendment is essentially a complete revised return, so all required forms should be included. When the IRS processes amendments, they prefer having all relevant forms together in one package rather than having to reference parts of your original filing. The good news is you can just use a copy of the same Form 8843 you submitted originally (assuming the information on it was correct). No need to complete a new one unless something on it needs correction.
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