Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Taxes (https://www.askmehelpdesk.com/forumdisplay.php?f=320)
-   -   Res. / Non-res ? (https://www.askmehelpdesk.com/showthread.php?t=24512)

  • Apr 12, 2006, 04:56 PM
    techhy
    Res. / Non-res ?
    Please help...

    I was on my OPT from Nov. 2004 to Nov. 2005.
    Started working from June 2005
    My H1B started on Oct. 2005

    Am I a Resident or Non-resident for tax purposes??

    Would be really glad to know,. thank you!
  • Apr 12, 2006, 07:27 PM
    vatlam
    You are non resident as your H1B starts from October 2005. Even though, you just need to file your taxes using 1040
  • Apr 14, 2006, 09:15 AM
    AtlantaTaxExpert
    I disagree with Vatlam.

    While you could probably file Form 1040 and the IRS would not notice, legally you should file Form 1040NR ONE LAST TIME. You asl need to file Form 8843.

    If you have some over-riding reason to need to file as a resident alien, you can do so legally if you wait until June to file. That way, you qualify as a resident alien under the Substantial Presence Test. This option is called First Year Choice.

  • All times are GMT -7. The time now is 11:53 AM.