Hey Atlanta Tax Expert,

I have gone through all of your expert advises, I found that, you are giving great suggestions to all of the member.

Basically, I have H1B for 2005. I came to USA for the first time in October 4th 2005. Since then I am working with the same company. At the end of 2005, they gave me W2 form.

I know that, I have to submit/pay my taxes to IRA. But I don't know, which form to fill out?. I am so confused with the responses given to all 1040 or 1040NR.

As my last year 3 months Income is only $15K, I thought of submitting my returns using online efiling through Turbo Tax Payer suggested by IRA.

Everything went smoothly at the end they put me in confusion that, they do not know whether I should file 1040NR or just 1040 etc.

2. Also, After I gone through this site, I found that, I need to submit for a Extension, I don't know what is it.


With this confusion, I contacted a profession tax submitter, He told me that, no need for Extension or 1040NR etc. He can directly file my taxes, but I was not convinced.

Please do suggest me all the required steps, I know the time period is very less, but I am trying for a appointment with H&R but I didn't get it yet, they are busy.

1. Whether, I should file for Extension or not needed?
2. Which form I should submit 1040 or 1040NR or 1040NR EZ

OR

3. I should just file it through efile using Turbo Tax Payer. (They shoed me that I will get a refund about $3000, including state and federal etc)

I appreciate your suggestions and steps ASAP.

Thanks,
Prakash.

vatlam

Can any body reply to this question please as soon as possible....

AtlantaTaxExpert

Okay, one more time.

If you file immediately, you must file as a non-resident alien, filing Form 1040NR. You have not been in the U.S. long enough to qualify as a non-resident alien.

If you file as a non-resident alien, however, you CANNOT claim the standard deduction of $5,000 (the tax treay exemption applies only for students on a F-1 visa).

For this reason, you should wait until June and file as a resident alien under First Year Choice. File Form 4868 to apply for the extension. If you are getting a refund, just mail in the Form 4868; approval is automatic.

If your tax computations show you OWE money, then mail a check with the Form 4868.

Once June 5th has passed, you can file Form 1040 by normal mail. You must attach a statement about your First Year Choice; see IRS Pub 519 as to what to put on that statement.

vatlam

Thanks for your suggestion.

Sadly on this Sunday, when I saw your message I was little bit worried. Actually I have already filed my taxes using H&R Block people. They said that I can file 1040 as I have my W2.

So, what should I do now, Will I face any kind of problems from IRS. Please do help me.


Thanks,
Prakash

AtlantaTaxExpert

Prakash:

Disregard my answer on the personal message.

My advice is to do nothing! The IRS will probably not notice, and if they do, by the time they act, you will have qualified as a First Year Choice resident alien, making any action on their part a moot point.

vatlam

Thank you very very much Sir, I am pretty much releaved now. I appreciate your help. I was very much in tension about IRS, as I know US government is pretty much strict.

Anyways, Thanks once again. You are so helpful to me. I wish you all the best to you.

Thanks,
Prakash.

AtlantaTaxExpert

Glad to help!