Ask Experts Questions for FREE Help !
Ask
    taxhelp2007's Avatar
    taxhelp2007 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Apr 2, 2007, 01:28 AM
    Over 5 years F1-OPT-H1 Substantial Presence Test
    Hi,

    I had a similar question and was hoping to find the right forms to fill out.

    I came to US in August 2000 as an F-1 student for my undergraduate degree. I graduated in August 2005 and was on on OPT till July 2006. I switched to H1B on October 1st 2006. In the past I have filed the 1040NR-EZ.

    My question is would that change for 2006 since I was on H-1B from October? Would I be regarded as a Resident for tax purposes and hence would need to file the 1040?

    Do I meet the Substantial Presence Test?

    Thanks for the help,

    SL
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
    Full Member
    		  
    #2

    Apr 2, 2007, 07:49 AM
    Quote Originally Posted by taxhelp2007
    Hi,

    I had a similar question and was hoping to find the right forms to fill out.

    I came to US in August 2000 as an F-1 student for my undergraduate degree. I graduated in August 2005 and was on on OPT till July 2006. I switched to H1B on October 1st 2006. In the past I have filed the 1040NR-EZ.

    My question is would that change for 2006 since I was on H-1B from October? Would I be regarded as a Resident for tax purposes and hence would need to file the 1040?

    Do I meet the Substantial Presence Test?

    Thanks for the help,

    SL
    The last year that you were NR was 2004. You should have filed as a resident in 2005 and should file as a resident in 2006.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 5, 2007, 01:19 PM
    Agreed; I answered the same post earlier.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Substantial Presence Test [ 2 Answers ]

Hello Experts, My situation: Citizen: Indian Arrived in the USA: Aug. 4th 2003-------F1 visa OPT from June 5th 2005 to May 25th 2006 Obtained my H-1B on May 25th 2006. Since I have been on H1B from May 25th 2006, don't I satisfy the SPT? I believe I have to be in the USA for >183 days. I...

Substantial Presence Test [ 8 Answers ]

Dear Atlanta Tax Expert, I've been browsing through this forum and have found your responses quite informative. Considering April 17th is the deadline I have a question at the 11th hour. :o I came to US on H1B in Oct 10th 2004, for the first time. I was here till Jan 10th 2005, when I went...

1040NR-EZ substantial Presence Test [ 3 Answers ]

Dear Atlanta Tax Expert, I am F1-OPT-H1 and F1 Status in the Entire 2005.I am wondering what exactly sustantial Test means, I went through IRS website and according to the Instructions this is how I have to do the Test for myself. I was physically present in the United States on...

Substantial presence test [ 1 Answers ]

Thank you Atlanta Tax Expert for answering my question regarding OPT/H1. Since I have been on my H1 only for 92 days , do I still meet the substantial presence test ? I was looking at a Tax software that prepares 1040 NR EZ and the Form 8843for international students. I took a test where I...

OPT -H1 substantial presence test [ 1 Answers ]

I got my H1 on the 7th of aug, before which I was on OPT . Would I qualify for substantial presence test 183 days after the 7th of August to claim $ 5000 as being on f1 I won't be able to claim the same, if I'm right. Or is it 183 days during a particular calendar yr? Since I am an indian can I...

View more questions Search