is it too late to file for a tax return and interpreting a publication?

Question

I am a non-resident, who have worked as a seasonal worker in the USA for 4 months in 2006. By this moment I have not filed for my tax return. I have to get 100% on the tax paid as a refund, because my income is below the taxable income line. Some people tell me that I have missed the deadline and I'll be charged penalties. However, this is what I found in IRS publication 519, p.40:
"If you file for 2006 calendar year, your return is due April 17 2007"
Moreover: "When to file for deductions and credits. To get the benefit of any allowable deductions or credits, you must timely file a true or accurate return. For this purpose, a return is timely if it is filed within 16 months of the due date just discussed".
The due date is Apr. 17th, which means that if I file before Aug 17th 2008 for 2006, my return filing would still be timely.
Is my reasoning correct? The due date is Apr. 17th, so it is 16 months after that date, right?

Answer 1

in regards to the 2006 federal income tax return, if you are getting a refund then it only matters that you file the return before april 15, 2010....irs does not care about giving you money so its up to you to file to claim it but you only have a 3 year statute of limitations to do so....no penalties or interest will accrue in this instance.....if you owe them money...the return and the money are due on april 17, 2007....penalties and interest will accrue on returns not filed and paid timely.....you can file 2006 anytime before the date in 2010 to receive a refund...after that you can file it but it is not likely you will receive a your refund but you could fall through the cracks...i have seen it happen

Answer 2

1. You are only charged penalties for late filing if you owe tax. If you are entitled to a refund, you are not charged penalties. However, if you are very late (several years), then you do not get the refund.
2. If the due date was April 17, 2007, then it will be within 16 months of the due date until August 17, 2008.
3. If the "withheld taxes" (taxes withheld from your pay) exceeds what your tax would have been if you filed on time without claiming any "deductions or credits", then even after the 16th month passes, you can still file and receive a refund of the amount by which the "withheld taxes" exceeds what your tax would have been if you filed on time without claiming any "deductions or credits".
4. If the "withheld taxes" (taxes withheld from your pay) are less than what your tax would have been if you filed on time without claiming any "deductions or credits", AND you do not file within 16 month period, then, whether or not you file later, you must pay the IRS the amount by which what your tax would have been if you filed on time without claiming any "deductions or credits" exceeds the "withheld taxes".

Answer 3

If you expect a refund you can file up to April 15, 2010 (within 3 years of the date of your return). After that IRS will not give you the refund amount.

If you owe tax, you must file, there is no time limit. You will pay interest and penalty. So it is in your interest to file as early as possible.

The 16 months limit it for allowances and credits that you will not get if your return is late by over 16 months. But the credit for taxes withheld is not affected by this time limit.

It is in your best interest to file as early as possible.

Answer 4

As a non-resident, you will owe taxes if you have less income than if you were a citizen or resident.

For 2006, if you have more than $3300 in wages you need to file as you would owe some income tax.

As a seasonal worker, about the only deduction you will have is state income tax if any was withheld from your paycheck. Thus, the form 1040NR-EZ (available for download at irs.gov) should be sufficient to file with.

Answer 5

The last day to claim a refund for 2006 will be April 15, 2010.

3 years from the original dute date.