Hi, I moved US in July 2012 on L1 visa which is of three years. I am still in US and will be here till 2015 as per my visa. My question is, for 2012 tax period I spent less than 180 days in country (175 days till 12/31/2012), Will I be filing tax as resident alien or non resident?

Thanks, Sidharth

If you are MARRIED, you can file jointly and CHOOSE to be treated as a resident alien.

Otherwise, file as a non-resident alien, filing Form 1040NR or 1040NR-EZ.

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Originally Posted by AtlantaTaxExpert

If you are MARRIED, you can file jointly and CHOOSE to be treated as a resident alien.

Otherwise, file as a non-resident alien, filing Form 1040NR or 1040NR-EZ.

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Yes I am married. If I file jointly, Am I all set or do I need to fill extra form or do any formalities in 2013? Doesn't that 183 days comes into picture if I file it jointly with my wife?

Thanks again

If you arrived after 1 July 2012, you will have to wait until sometime in May 2013 before you can file in order to meet the Substantial Presence Test.

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Originally Posted by AtlantaTaxExpert

If you arrived after 1 July 2012, you will have to wait until sometime in May 2013 before you can file in order to meet the Substantial Presence Test.

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Thank you!

I arrived on 9 July 2012. Do you mean to say I don't have to file tax till may 2013 but I thing last date is 15th April, 2013 to file the tax.

You file Form 4868 to get an extension to 15 October 2013. Approval is automatic.

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Originally Posted by AtlantaTaxExpert

You file Form 4868 to get an extension to 15 October 2013. Approval is automatic.

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In case I choose to file it now as married and file jointly instead of waiting till may 2013, Am I not eligible as resident?

You ARE eligible to file as a resident, but not until you have met the Substantial Presence Test (SPT). You can only claim one-third of the 2012 days for SPT, so you must wait until 28 May 2013 before you can file.