Qpls
Apr 17, 2012, 03:34 AM
Hi! I was a full time Indian student from Aug 2008 to May 2010. I filed the 1040NR in 2008, but 1040A in 2009 & in 2010, am I a resident or NR alien for years 2008, 2009 and 2010 for tax reporting and FBAR purposes? Thanks.
AtlantaTaxExpert
Apr 18, 2012, 02:03 PM
For sure, you were an NRA on 2009 and should have filed Form 1040NR or 1040NR-EZ.
If you converted to H-1B in May 2010, you were a dual-status alien for 2010 if you were single.
If you were married and filed jointly for 2010, then that return WAS correct.
You were liable for FBAR for 2010 only; FBAR does NOT apply for 2008 and 2009, though you DO need to amend the 2009 return to correct your filing error.