QUESTION:
HI,
I have filed 2001 calender year taxes in the year of 2002. Due to some
confusion I have filed 1040NR ( instead of 1040) in the US and filed taxes
in Canada. During that time I was a Canadian Permanent resident, but I
stayed in USA more than 185 days. I was told during that time was that I
have to file 1040NR inorder to maintain Canadian PR active. Right now I am
not interested on Canadian PR at all.
So How could I refile 2001 calender year taxes as regular 1040 in the USA.
I would appreciate your help,
Thank y ou,
-------------------------------------------------------------
david ingram replies:
In general, you have three years from the date you filed the return to file
an amended 1040X tax return unless you were late paying your tax or late
filing.
If you filed early, you have until 3 years from the date
If you were late paying your actual tax, you have two years from the date
the tax was finally paid.
So - the 2001 return was due on April 15, 2002 and the three years was up on
April 15th if it was filed on time.
If you did not file the return until October 15, 2002, you have until Oct
15, 2005 to refile a 1040X.
If you did not actually pay all the tax until Sept 5, 2004, you would have
until Sept 5, 2006 to amend the return.
If you paid tax inappropriately to Canada, you can also amend the Canadian
return for ten years by writing to the FAIRNESS Committee.
Your situation is a typical one dealt with by this office.
Hope this helps.
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