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cpjibu · Jan 9, 2009, 08:35 AM

Hi,
Here is my situation, do go through it and let me know which forms I am eligible to fill for getting my 2008 tax refund:-
1. was on an F1 visa (student) from Aug 2005 to Apr 2007; OPT from May 2007 to May 2008 and started my H1 from 1st Oct 2008. I was in physically present in US 365 days in 2006 365 days in 2007 and 213 days in 2008
2. Right now married (planning to file married filing jointly since wife is not working and going to apply for a ITIN).
3. Have no dependents to claim.

So will do I qualify for Substantial Presence Test and also which of the tax return form (1040A, NR_EZ, EZ... etc) should I be filling out? Thank you in advance for your time and consideration.
Regards
JCP

MukatA · Jan 9, 2009, 11:29 AM

1. You do not meet SPT in 2008. Still you can choose to file joint return as residents. However, you must wait to file your 2008 tax return till you meet SPT in 2009. It does not matter if your wife meets SPT or not.

2. You will attach W7 (ITIN application) with your tax return. Do not file it separately unless you have a compelling reason to get ITIN before that.

cpjibu · Jan 9, 2009, 11:33 AM

Thank you Mukata for your response.
One other question when in 2009 would I qualify for the SPT? So as of now I have to fill out the form 1040NR.

AtlantaTaxExpert · Jan 12, 2009, 01:27 PM

You need to file in early June 2009.

You will file Form 4868 by 15 April 2009 to request an extension to file.

If you OWE taxes, you make a payment by check with the Form 4868.

If you are getting a refund, just file the Form 4868, which can be mailed with NO signature to the IRS Center in Austin, Texas.