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You should probably make this election: U.S. Citizens and Resident Aliens Abroad - Nonresident Alien Spouse & file a joint return (Form 1040).

Atlanta, I don't think that's right. Tax treaty benefits do not apply to periods while on H1B & to business income (only wages). Thus I think chwalzxm gets no exclusion :(

When did you get your H1B?

If you were a resident for income tax purposes, you can elect to treat your spouse as a resident and file a joint return. See U.S. Citizens and Resident Aliens Abroad -...

Hi, how do you report when US bank erroneously withheld taxes from interest income and issued 1099-INT to a F-1 student?

The interest income is non-taxable & withholding is added to other...

Because you been in the US for more than 5 years, you are a resident for tax purposes. As such you will have to file Form 1040 and report 1099-MISC on Schedule C or Schedule C-EZ. You will have to...

Regarding March as your H1-B date: I think you mean that your petition was selected in March, but you did not actually receive the H1B status until October, correct? So between March and October you...

Since you been in the US for more than 5 years, you became US resident for tax purposes and you need to file 1040 (NOT 1040NR).

You should file 1040 (because you meet substantial presence test) as married filing separately (you cannot file single as long as you are legaly married).

Since you don't meet the substantial presence test, file 1040 or 1040EZ.



Not true - depends how much income you had. Just because you are non-resident for tax purposes, does not mean that you...

You became resident alien of the United States for tax purposes and you need to file 1040EZ or 1040.

Vaya

Er...

If you were in the US for more than five years then you are resident alien of the United States for tax purposes.

If you were here for less than five years then you are non-resident...

You been in the US for any part of more than 5 calendar years. That makes you a US resident for tax purposes and you need to file 1040.

Vaya

The marital status is determined as of the last day of the tax year (i.e. December 31).

IRS does not care about whatever happened in 2008. So you are single and you don't have to put your wife's...

Just quick tip: just make sure one of those W2 does not have a ticked "corrected" box on top. If one is corrected, toss out the "uncorrected" one and use just the "corrected."

If both don't have...

ATE, how about the casualty loss? Also, the fact that insurance paid off all the mortgage has to come into the picture.

Vaya

That's not a tax question. That's GAAP question.

Vaya

You could deduct it if you receive 1098, Mortgage Interest Statement. Now ask your cc company if it will issue the form.

Vaya

www.google.com

Vaya

I would quit. I would not want to risk my green card or citizenship over few extra bucks.

Vaya

1040X can wait. First file your 2005 taxes right for this year.

Vaya

Make sure you file as NY non-resident (form IT-203).

Vaya

If you are positive about your status, then I see no problem because federaltaxation and state taxation works on different rules (for convenience they are usually pretty similar, in fact are...

You need to file because your total income is above 7500.

You should owe no tax anyway.

Vaya

Yes, it should go on line 13 and you should attach Schedule C. But as a practical matter since you are not claiming any deductions or business expenses, it does not really matter. As long as you...

1099 Misc goes on Schedule C as self-employment income and then is transferred on one of the 1040 forms (1040, 1040A, 1040EZ, 1040NR, 1040NR-EZ, etc.) You also need to file Schedule SE if you are a...

I am not familiar with MS taxation, but general rule is that there is only penalty for not paying taxes on time or paying not enough.

Then I would ask myself if the refund is big enough to...

Do the worksheet!

Line 1: 1425
(assuming) Line 4: 35,000
Line 5: No
Line 7: 0
Line 8: 1425-0 = 1425!

Enter 1425 on 1040NR EZ line 9.
What's so complicated?

Well, is it legal for you to work there? As far as I understand H1 visas, the answer is no (I am no immigration attorney). Unless, it is the firm that sponsored your H1. It just chooses to give you...

Put 0 instead of a wage.

:)
Vaya

There is no penalty because there is no tax due. So technically you could file them late (for previous years). I am just not sure how it would work out practically.

Vaya

I can't answer this question without seeing your complete return (there might be something else gone wrong) and your W2. I would advise seeking some professional help if you think you got your taxes...

There is a worksheet to determine the deductible amount on http://www.irs.gov/pub/irs-pdf/i1040nr.pdf page 16

Vaya

What kind of insurance that was? Who paid for it?

Vaya

I take back everything I said. Please ignore and pretend it never happened.

Since your 1099-MISC income is lumped with all other income you need to do nothing special about it. You put it on line 13 and that's it. Then you work it through to line 40 (taxable income) and then...

You have a choise either filling 1040NR or 1040NR EZ. The later one is just simpler and shorter and makes life easier (sometimes). So you don't need to fix anything.

This year you are a resident...

Yes, file 8843 and yes, fill in school.

Vaya

Wages earned as F-1 student are taxable just like any other wages and I don't see a problem it being lumped with H1B wages (unless I am missing something here). "Tax exempt while on F1" most likely...

Most likely ignore. If you got only wages and taxable interests, you don't have to worry about it.

Vaya

Whoever's social security is on 1099-INT. If the interest is from a US bank and 1099-INT has his social or other ID number, your husband needs to pay taxes on that interest.

Vaya

ATE is right, but do you *really* want to do it? It is very complicated & time consuming matter. How much money will you save?
Note: you cannot deduct your student loan, you can only deduct student...

They are not federal income taxes. Self-employment taxes are ss and medicare taxes. Your employer is supposed to withhold them from your paycheck. Since you are your own employer, you did not...

Nope, you cannot deduct fees paid in 2004. And you cannot claim ss and medicare taxes.

Vaya

No, not only.
It's because it was 2004 and it's already gone. 99.9% individual taxpayers are on cash basis. Which means that they report all income and expenses in the year when they were incured....

Answers to questions:

1) Line 13 is good.

2) You aleways need proofs for no matter how small/big amounts. You can deduct only expenses that are *directly* related to that $2444 you earned.
...

If one of your W2 says NY as your state, then yes you have to file.

Vaya

The deadline is April 17, Not July. Most likely you'll need to pay only income taxes. You'll need to use either 1040 or 1040NR.

Were you an F-1 student before you got H1B? When did you come to the...

You are not liable for those taxes, but I am not quite sure which form you need to use. Please read the very first thread in this forum for people who have changed their visas from f-1 to H1/H1B.
...

Federal income tax returns have very little to nothing to do with social security and medicare taxes. Your visa/immigration status does not depend on social security or medicare taxes. Paying SS tax...

Not touching on your immigration status:

2. No. You cannot deduct rent, auto insurance, or tuition paid in 2004 (it might be possible to deduct tuition you paid in 2005).

3. You cannot deduct...