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-   -   Which document do I need to submit under my situation below? (https://www.askmehelpdesk.com/showthread.php?t=739306)

  • Mar 15, 2013, 11:36 AM
    tn0428
    Which document do I need to submit under my situation below?
    Graduated college in Chicago, IL, May 2012 (F1 visa was already expired)

    F1 visa is expired, but I got EAD card from immigration (for 1 year extension)
    Which known as OPT (Optional Practical training)
  • Mar 15, 2013, 12:04 PM
    AtlantaTaxExpert
    WHEN did you first arrived in the U.S. on your F-1 visa (month and year)?
  • Mar 15, 2013, 12:21 PM
    tn0428
    April 2007
  • Mar 15, 2013, 02:18 PM
    AtlantaTaxExpert
    You will file as a resident alien for 2012, filing Forms 1040, or 1040A, or 1040EZ.
  • Mar 15, 2013, 02:25 PM
    tn0428
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    You will file as a resident alien for 2012, filing Forms 1040, or 1040A, or 1040EZ.

    OK, Thank you,

    But additionally, I was out of US between 2011 May to 2012 January for about 8month , was in London,UK and Tokyo, Japan

    But still 1040 or 1040A or 1040EZ?
    I am not sure weather I filled out 8843 or not...
    I did at least once or twise this past 5 years...
  • Mar 15, 2013, 02:45 PM
    AtlantaTaxExpert
    In that case, you will file a dual-status return. You should get professional help with that, because the dual-status return is NOT for amateurs!

    No Form 8843 is required for 2012.

    If you believe that you will need professional help filing this year, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).
  • Mar 15, 2013, 02:52 PM
    tn0428
    Even 1040ez I will able to get money back of around $100 over,

    But if I need to pay to professional and, will it make any change, better than I can make from1040ez?

    Otherwise I will go for 1040ez...
  • Mar 15, 2013, 08:48 PM
    AtlantaTaxExpert
    Then you have to claim the income earned world-wide to remain legal.
  • Mar 15, 2013, 08:58 PM
    tn0428
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    Then you have to claim the income earned world-wide to remain legal.

    What does it mean? I do not get it
  • Mar 15, 2013, 09:48 PM
    AtlantaTaxExpert
    The dual-status return requires Form 1040 (not Form 1040EZ), so I assumed you were going to file as a resident. If you file as a resident, you must claim the income you earned while in London and Tokyo. That is not necessarily the case for the dual-status return.
  • Mar 15, 2013, 09:57 PM
    tn0428
    I did not make any money, in London,I was study abroad student.
    Japan is my hometown by the way, I am Japanese.

    I am just saying, I was out of US for 8 month between 2011 to 2012
  • Mar 15, 2013, 10:37 PM
    AtlantaTaxExpert
    You began the Substantial Presence Test the day you returned in 2012, but because you were NOT in the U.S. for every day of the 366 days in 2012, you must file a dual-status return of Form 1040 and 1040NR.

    That is your only LEGAL way to file for 2012.
  • Mar 16, 2013, 08:16 AM
    tn0428
    So can I do with turbotax?
  • Mar 16, 2013, 09:15 AM
    AtlantaTaxExpert
    You can prepare the 1040 portion with TurboTax, but the Form 1040NR must be done manually.
  • Mar 16, 2013, 09:20 AM
    tn0428
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    You can prepare the 1040 portion with TurboTax, but the Form 1040NR must be done manually.

    I see, I need to hand in both
    What about 8843?
  • Mar 16, 2013, 09:29 AM
    AtlantaTaxExpert
    In my opinion, it is not required, but if you want to submit it, go ahead; it cannot hurt anything.
  • Mar 16, 2013, 09:33 AM
    tn0428
    If I did 1040NR, is it any make big difference with tax return?

    Since I am Japanese, foreigner, I do not know...

    I do not know whicb document is right to hand in and what is the best way to solve this problem
  • Mar 16, 2013, 09:36 AM
    AtlantaTaxExpert
    What is the BEST way to solve this problem? Get a tax professional with experience in dual-status returns to prepare it for you.

    Because like I said earlier, the dual-status return is NOT for amateurs!
  • Mar 16, 2013, 09:50 AM
    tn0428
    How can you tell I am the dual-status return required?

    I am Japanese,
    F1 Visa expired,(2007 April to 2012 April 5 years)
    OPT holder,
    2011 may- September, tokyo,
    2011 septemebr for 5 days in Chcago
    2011 september- January 7th or 8th around the time, came back to Chicago Again..
  • Mar 16, 2013, 10:25 AM
    AtlantaTaxExpert
    ANY part of the year counts towads the five-year F-1 exemption, so 2007 through 2011 burns the F-1 exemption.

    Your SPT starts the date you get off the plane in 2012, which is 7 January 2012.

    Assuming you spent the rest of the time in Chicago, you have met the SPT; HOWEVER, you did not spend EVERY day of the year in the United States (1 through 6 Jan 2012 was in London).

    That being the case, for the first year, you must file a dual-status return.

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