Hi,
Iam on H1-B working in CA. I want to use "First Year Choice" and file my Fed. Tax Return as a Resident Alien. My question is, should I file my CA state tax return as a "Non-Resident" or "Resident". How is the residency status determined for CA?

Thanks,
Dixit

Dixit:

You can claim First Year Choice to file as a resident alien ONLY IF YOU ARE MARRIED!

If you are single, First Year Choice only allows you to file as a dual-status alien, which likely offer s NO tax advantage.

For California, file as a part-year resident. First Year Choice as NO relevance when it comes to the California return.

If you need professional help filing your return, email me at [email protected].

Thanks for your help 'AtlantaTaxExpert'.

Glad to help!

One final question, if you don't mind answering, If I use 'First Year's Choice' for Fed. Tax filing
a. Do I need to mention somewhere (in some form) specifically that Iam using 'First Year Choice'
b. Can I claim 'Making Work Pay Credit' (Line 8 of 1040EZ)

I'll glad if you can give me info on these,

Thanks,
Dixit

Dixit;

a. There IS a First Year Choice statement required if you are filing the First Year Choice for dual-status filing, and there is a DIFFERENT statement that is required if you are a married couple filing jointly and you are both CHOOSING to be treated as resident aliens. You use one or the other, but NOT both.

b. If you are married filing jointly, then you can claim the Making work Pay Credit because you are filing as resident aliens. However, as a dual-status alien, you are NOT eligible for the Making Work Pay Credit.

Hi thanks for quick response.
My filing status is 'Married filing jointly', as per my understanding,
I'll have to prepare a 'Statement for First Year Choice' (on a sheet of paper? )
Is there any form or any format for this?

Thanks,
Dixit