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-   -   Whether I am a resident alien or non resident alien? (https://www.askmehelpdesk.com/showthread.php?t=436961)

  • Jan 19, 2010, 08:07 PM
    jvskarthickgayu
    Whether I am a resident alien or non resident alien?
    Hi,

    I came to USA very first time on MAY 2009 in H1B visa; my wife came to USA on JULY-2009 I am trying to file my tax return
    For Federal Tax Filing
    1) Whether I am a resident alien or non resident alien?
    2) What form I need to use for filing my tax return?
    3) If I am a “non resident alien”, whether I am eligible for getting the “Making work pay and government retiree credits”?

    For State Tax Filing
    1) What is my residence status? Whether I am FULL-YEAR RESIDENT? Or PART-YEAR RESIDENT?

    Thanks.
  • Jan 20, 2010, 06:32 AM
    MukatA

    You can file joint return as residents. You must both report your worldwide income for 2009. If you paid taxes in the foreign country, then you can claim foreign tax credit (Form 1116) or you can use Foreign Earned Income Exclusion (Form 2555). Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income
  • Jan 20, 2010, 12:25 PM
    AtlantaTaxExpert
    For the state return, you are a Part-Year resident.
  • Jan 25, 2010, 01:57 PM
    jvskarthickgayu

    For Federal Tax filing:
    Thanks for your help; I am very clear on my federal tax filing, just I have one question whether I and my wife are eligible for getting the “Making work pay and government retiree credits”?

    For my State Tax Filing:

    Actually I emailed to Colorado state revenue department about my state tax filing question. First time they said that I am “Part-Year Resident” in second email they said that I am “Full-Year resident” so now I am totally confused.
    I am not able to get the proper instruction document. Could you anyone kindly provide me the link? Where I can able to identify I am full year resident or part year resident.

    For your information, from the 01-Jan-2009 to 18-May-2009 I need to pay my income tax to Indian government. And from 19-May-2009 to 31-Dec-2009 I need to pay state tax in Colorado. I know that my question is same and I got confused and am not clear. Hope you can understand my position. Please help me to solve this issue.

    Please check my information once again kindly guide me I am “full year resident” or “Part-Year resident”?
    1) This is my first time tax filing in USA.
    2) I never worked with any other state.
    3) I came in May 2009 and working in Colorado till the date

    Could any one please give me the instruction document for CO state tax filing.

    Thanks,
    Karthikeyan Jothi
  • Feb 8, 2010, 02:43 PM
    AtlantaTaxExpert
    You will file the Colorado return as a part-year resident, because you lived in olorado for ONLY part of the year; that's state tax 101.

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