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7 Comments

  1. Great article. Thanks for the info, you have made it easy to understand. BTW, if anyone needs to fill out IRS form 1040nr, I found a blank form here http://goo.gl/qLvit1. This site also has some tutorials on how to fill it out and a few related blank tax forms.

  2. Jasmine,

    I can’t tell you what to do — that amounts to legal advice, and that can only be done after getting all the facts and thinking things through.

    One option is indeed to file an amended return as you describe. Another option is to do nothing. What are the implications of these two choices _for you_? I do not know, because I do not know anything about you or your situation.

  3. Phil, I did not understand your answer.
    Do not you think I can file 1040 X amended return for this mistake?
    I found this on the internet : ” You will need to file an amended return on Form 1040X and attach a Form 1040NR as well as the relevant pages of the 1040 you originally filed.”
    Thank you,

    Jasmine

  4. Check out the instructions to Schedule NEC on Form 1040NR for how Social Security will be taxed. But also see if there is a tax treaty that will help eliminate US tax. Form 2555 won’t help you because this is not earned income.

  5. Hello,
    I renounced in early 2014 and am now trying to complete all filing requirements. The information I’ve included on the 1040 reflects my income up to the day before renunciation. I’ve used 2555 (with the 1040) to reduce my U.S. tax liability to zero. I plan to file 1040NR for the rest of 2014. I received just under $3,400 in U.S. Social Security benefits in 2014. Can I use a 2555 with 1040NR as well, so as not to have to pay tax on the S.S. benefits? Thanks for your help.

  6. Woo boy. 1040 vs 1040NR. That could be a situation of no consequence or could be something to fix. You can fix stuff like this (using the wrong form) but you want to think about it before doing so. Look before you leap, etc.

    You will never receive a letter from the IRS saying you are finished. So the fact that you did not receive a note is normal.

    For filing this year — a 1040NR — again this is a look before you leap situation. You are trying to fix a prior error. Is this the way to do so? Probably not but think it through first.

  7. Hi Phil,
    Thank you for this post. I started worring about what did I do on the last year return.
    I filed 1040 instead of 1040 NR!  Other than this I did everything right…
    I was a green card holder and I filed 1-407 at the consulate and expatriated on September 2013 because I was living in my country.
    In 2014 tax year, I filed 1040 form with 2555 and attached original signed 8854 form to my 2013 Tax return. I send it with FedEx to the address on IRS web site for Private Delivery Services in Austin.
    I also send a copy of 8854 form to Philedelphia address(without street name) of IRS with FedEx ( PDS address on IRS web). I have saved online FedEx confirmation which see that left at the “dock” and “signed by Nieto” …Is this enough proof ? I tried to reach to IRS to learn that my file is reached and no problem, but no luck..
    My gross total income was less then ten thousand dollars and do not owe any tax. Also last 5 years I had filed all my tax returns on time.

    My big concern is about “Did I make a big mistake filing 1040 instead of 1040NR last year? And how can I correct it?

    My Questions are;
    1- I did not hear a note or mail from IRS regarding that I am done and ok regarding Tax liabilities. I do not know will I file a 1040NR form this year and let them know one more time just to be safe.. Because last year I did not file NR form as I am NR at the end of the year…
    2- If I send a 1040NR form this year is it good or not necessary? Also will I send a copy of 8854 form again which filed with 2013 tax return?

    Please would you inform me about what is the best thing to do for me this year?
    Thank you so much for your help and greatly appreciated.
    Best Regards,
    Jasmine

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Tax laws change over time, and the information in this post above may be less accurate today than it was at the time of the last revision. This post is not tax advice for your specific situation. Please contact an international tax professional to get personalized advice for your situation.