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I am a F1 student non-resident alien and I e-filed 1040 by mistake. The wrong form has already been accepted several days ago. I learned that I must file 1040X to correct my mistake. Here are some questions I have.

  1. Should I send 1040X together with correct 1040NR to IRS immediately? Or should I wait until IRS has processed my wrong return?
  2. I am also required to submit Form 8843. Should I attach it to 1040X or send it separately?
  3. Is it okay to send the amendment after April 15th?
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  1. Should I send 1040X together with correct 1040NR to IRS immediately? Or should I wait until IRS has processed my wrong return?

There's not really any reason to wait to file an amended return. If you initially had a refund and will owe when you amend, then you might want to wait a bit so you have that refund money in hand before sending it back, but otherwise just get it sorted as soon as you can.

  1. I am also required to submit Form 8843. Should I attach it to 1040X or send it separately?

Yes, it is meant to be sent with your 1040NR, so when you submit your 1040X and 1040NR include it as well.

  1. Is it okay to send the amendment after April 15th?

If you will owe additional income tax as a result of the amendment then you should file the amended return and pay ahead of the deadline to avoid late payment penalty. In addition, there can be consequences to not filing Form 8843 on time:

Penalty for Not Filing Form 8843 If you don’t file Form 8843 on time, you may not exclude the days you were present in the United States as a professional athlete or because of a medical condition or medical problem that arose while you were in the United States. Failure to exclude days of presence in the United States could result in your being considered a U.S. resident under the substantial presence test. You won’t be penalized if you can show by clear and convincing evidence that you took reasonable actions to become aware of the filing requirements and significant steps to comply with those requirements.

  • The refund amount is about 600$ initially and with the correct 1040NR, it is about 60$. Should I send the difference back to IRS along with amendment? – bdl10 Mar 16 at 2:09
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    @bdl10 Yes, the 1040X has lines for your original refund and directs you to calculate the difference and pay accordingly. If the net result is you got $600 and should have gotten $60, the 1040X will lead you to pay $540. – Hart CO Mar 16 at 3:01

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