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-   -   b1 to h1b tax filing help (https://www.askmehelpdesk.com/showthread.php?t=741373)

  • Mar 27, 2013, 05:15 PM
    yasmince
    b1 to h1b tax filing help
    Hi,
    My question is about how to file my tax for 2012. I entered US with tourist visa in April 2012, and made a change of status from B1 to H1B In October. I had no income during the time I was on B1, except support from parents back home. Since October 2012 I am on W2. Now should I file as a resident alien, or a dual status alien? I appreciate the answer, thank you!
  • Mar 27, 2013, 07:52 PM
    AtlantaTaxExpert
    You need to file as a dual-status alien. Even though you meet the Substantial Presence Test, you did NOT spend EVERY day in 2012 INSIDE the United States, hence the dual-status requirement.
  • Mar 27, 2013, 09:26 PM
    yasmince
    Dear AtlantaTaxExpert,
    Thank you very much for your fast response. I did not know that I need to spend all year in the US, otherwise I do not qualify as a resident even though I pass the substantial present test. I was almost filing as a resident, because I thought passing the substantial presence test is enough, glad that I wrote in this forum.
    Since I was a resident at the end of the year, should I be filing 1040 writing that I am a dual citizen at the top? In the IRS website it is written that I should show the income for the part of the year you are a nonresident and can use1040 NR form. Since I had no income when I was on B1 visa, would that be enough if I only file using 1040? Thank you very much! Your helps are greatly appreciated!
  • Mar 27, 2013, 09:30 PM
    yasmince
    *I meant dual-status... Thank you again!
  • Mar 27, 2013, 10:28 PM
    AtlantaTaxExpert
    The dual-status return is NOT for amateurs. Get professional help filing.

    You can use me if you wish; my email address is in my profile, but if you do NOT use me, use another tax professional with experience filing dual-status returns.

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