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-   -   Substantial Presence Test F1-H1 2006 (https://www.askmehelpdesk.com/showthread.php?t=65975)

  • Feb 24, 2007, 03:01 PM
    rajjar123
    Substantial Presence Test F1-H1 2006
    Hi

    I know this issue has been address several times in this forum. However, it is very confusing to determine how to file my taxes for 2006. I would definitely appreciate it if some one can help with my case.

    I came to US from India on F-1 on August 2 2003. My F-1 Visa expires in July 2008. I graduated in May 2006. For 2003,2004,2005 tax years, I obviously filed non-resident taxes as an exempt individual (i.e. 1040NR-EZ, 8843 using W-2 and 1042-S).

    Now in 2006, I graduated and was OPT. My H1B petition got approved on October 1st 2006. However I got my H1B visa stamped only on February 23 2007.

    Now I have one W-2(from my university for 2006) and one W-2 (from my current employer) and some 1099 INT forms from the banks that I have savings account. On my 1099 forms there is no income-tax withheld.

    I did not take any vacation in 2006, In 2005, I re-entered US on 24th Jan after taking vacation on 11 Dec 2004. In 2007 I was outside US for 2 Days in Mexico.

    Now here are my questions.

    1. For 2006 tax year, should I fill 1040-NR-EZ and 8843 or 1040A/1040EZ etc? Am I a non-resident or resident for US tax purposes? Can you please explain the substantial prescence test in my case?

    2. What happens to 2007 tax (next year) if I leave for 1 month vacation in 2007 under H1 Visa?

    3. Is my case dual?

    4. If non-resident expempt, can I claim deductions on moving expenses, medical bills etc, car tax etc?

    5. If dual status, what are the exact forms that I should fill and what deductions are possible?:confused: .

    Thank you all very much in advance.
    Raj.
  • Feb 24, 2007, 03:02 PM
    rajjar123
    Quote:

    Originally Posted by rajjar123
    Hi

    I know this issue has been address several times in this forum. However, it is very confusing to determine how to file my taxes for 2006. I would definitely appreciate it if some one can help with my case.

    I came to US from India on F-1 on August 2 2003. My F-1 Visa expires in July 2008. I graduated in May 2006. For 2003,2004,2005 tax years, I obviously filed non-resident taxes as an exempt individual (i.e., 1040NR-EZ, 8843 using W-2 and 1042-S).

    Now in 2006, I graduated and was OPT. My H1B petition got approved on October 1st 2006. However I got my H1B visa stamped only on February 23 2007.

    Now I have one W-2(from my university for 2006) and one W-2 (from my current employer) and some 1099 INT forms from the banks that I have savings account. On my 1099 forms there is no income-tax withheld.

    I did not take any vacation in 2006, In 2005, I re-entered US on 24th Jan after taking vacation on 11 Dec 2004. In 2007 I was outside US for 2 Days in Mexico.

    Now here are my questions.

    1. For 2006 tax year, should I fill 1040-NR-EZ and 8843 or 1040A/1040EZ etc? Am I a non-resident or resident for US tax purposes?. Can you please explain the substantial prescence test in my case?

    2. What happens to 2007 tax (next year) if I leave for 1 month vacation in 2007 under H1 Visa?

    3. Is my case dual?

    4. If non-resident expempt, can I claim deductions on moving expenses, medical bills etc, car tax etc?

    5. If dual status, what are the exact forms that I should fill and what deductions are possible?:confused: .

    Thank you all very much in advance.
    Raj.

    I also forgot to ask this question - Should I declare my interest on savings as part of my gross income?

    Thanks,
    Raj
  • Feb 25, 2007, 12:30 AM
    AtlantaTaxExpert
    Raj:

    Question answered in other forum.

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