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Form 1040-X and 1040-NR

Now you’re ready to contact the IRS for the return of the last 3 years of federal income tax funds that they have withheld from you via collection of withholding from your wages by your employer.

There is an IRS process to amend the last 3 years of your returns that will elicit the return of your federal tax withholdings for those tax years. They require two IRS forms (1040-X and 1040-NR) and your previously filed tax returns to complete this process.

FORM 1040-X

The first IRS form needed is Form 1040-X, which is used to explain the reason you’re submitting this form to amend a previous return. Once the reason is documented on the 1040-X, it is then attached to a completed 1040-NR form.

FORM 1040-NR

The second IRS form needed, 1040-NR, will document the amount of relevant income that is exempt from federal taxation and the amount of withholding that you want refunded to you.

Important Note: Be sure to write “Amended Return” at the top of the form.

Sample forms are listed at the bottom of this lesson.


PREVIOUSLY FILED RETURN

Finally, the third and last IRS document you’ll need will be a copy of the previous return that you are replacing or amending with the new 1040-NR form. The totals of the income and withholdings should correlate between the previous return and the new 1040-NR return.

 Important Note: Be sure to write “Previously Filed Return” at the top of the form.

NOTES:
If you’re in the middle or at the end of a tax year for the final 3rd year and you have not yet completed a tax return, you’ll still need to file a 1040-NR to have any federal tax withholdings returned to you that have been withheld up to that date for the current tax year.

In my situation, the 1040-NR (and a copy of a current pay stub or W-2) is all that was needed and will be used to substantiate an individual’s nonresident alien status and to provide the relevant income and withholding amounts. Ideally, as a nonresident alien, unless any additional federal taxes are withheld or you work directly for the federal government or in the geographical area of the District of Columbia, it will no longer be necessary to file a federal tax return.

Download the 1040-X here:

https://www.irs.gov/pub/irs-pdf/f1040x.pdf

https://www.irs.gov/instructions/i1040x

Download the 1040-NR here:

https://www.irs.gov/pub/irs-pdf/f1040nr.pdf

Congratulations! By completing STEP FOUR of the Internal Revenue Service section, you have finally fully removed yourself and any connection to the U.S. Federal Tax system.

Please send your questions to me at admindavid@nationalstatus.info

Sample Documents
Sample Form 1040-X

This is only an example, use at your own discretion, we do not offer legal or tax advice. Share this page to… Telegram Facebook Twitter Linkedin Email

Sample 1040-NR

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