[ysbang72]

Hello!

I came here in November 2006 with my family by H1B VISA
And I submitted files for 2006,2007 tax return together in this year

I also filed W7 for my family's ITIN numbers
About two month ago, I received 2007 tax return and the ITIN numbers

The matter is 2006 tax return

Recently I received the letter from IRS
It says that if I am filing as a dual status tax payer, I have to submit form1040NR

I wonder if I was dual status tax payer at that time
And if I was, do I have to attaché again all other documents like W2 and
Moving expense receipt at FORM 1040NR?

And do I have to show all 2006 income that I eared in my country before I came here?

Thanks.

[AtlantaTaxExpert]

You can file as a resident alien for 2006, using the ITINs you just received and attaching a memo stating that you qualify to file jointly as resident aliens and that you both CHOOSE to be treated as resident aliens for all of 2006.

In doing so, you must declare ALL world-wide income for 2006. It is likely you can then exclude your home country income under the Foreign Income Exclusion (Form 2555).

You can also claim moving expenses from your home country using Form 3903.

Contact me if you need professional help to file this 2006 return!

[ysbang72]

Thank you very much for information!

Could I ask one more thing?

I have few documents about my income brfore I came here

So if I just want to be NRA in 2006.
Is it what I have to do to send 1040NR to IRS.
And in this case do I have to attach W2 again?

[MukatA]

On the resident return (filed jointly) you will get standard deduction and exemption for both of you.
On the nonresident tax return, you will not get standard deduction. So you should save a lot by filing resident tax return.
You do need professional help to save more on taxes and AtlantaTaxExpert has good amount of experience.