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cedar100
Jan 29, 2007, 02:30 PM
Iam on L1 visa workpermit in US, Foreign National, resident alien, (2005-2006) worked from sep-05 to Apr-06 as Single status (ie,. I did not bring my dependents).
Returned to home country in 2006 April, and back to US again in Oct-06 to till date with dependents (ie wife + kids).
I received my W2, as I read from IRS website for filling instructions for W7 for all dependents.
I would like to know what all documents should I need to sent to file for state, federal returns.

Appreciate suggestions/instructions to file for reasonable fee. I did Efiled last year online with reasonable price with single status.

Thanks
Juga

AtlantaTaxExpert
Jan 29, 2007, 03:38 PM
Juga:

Since a non-resident tax return cannot be filed electronically, you must have filed as a resident alien in 2005. If your entry in the U.S. in September 2005 was the first time you entered the U.S. then you probably filed incorrectly when you efiled last year. You had not yet met the Substantial Presence Test in 2005 and did not meet criteria to file as a resident alien. If you intend to ever apply for immigrant status (green card), you must correct that error by amending your return with Form 1040X and attaching a properly-prepared Form 1040NR or 1040NR-EZ.


As an L-1 in 2006, you have met the Substantial Presence Test and can file as a dual-status alien. However, since you are married, you and your wife can filed jointly and have the option of choosing to be treated as resident aliens for the entire year. You MAY be able to claim your child (not sure on this; will need to know what your country of origin is and exact date of entry for child). If you can claim him, you will be eligible for the Child Tax Credit, but NOT the Earned Income Credit.

If you need professional tax help, you can contact me at [email protected].