[Asktaxreturn]

Hello,

I came to USA in 2006 and I filed only 2007 tax returns. As I had very minimal income that year I didn't file any tax return for 2006 (my tax return income was $5).

Do I need to apply for 2006 year too? If yes how can I do it now?

In 2007 I used 1040NR-EZ.
I have a question regarding which form do I need to use for tax returns.

I finished my MS in dec 2007 and my Opt started in Feb 2008 and I am on H1B from October 2008.

So, can I use 1040EZ form or do I need to use 1040 NR EZ form?


Thanks

[MukatA]

You do not need to file 2006 tax return.
For 2008, if you are single you will file nonresident tax return and Form 8843.

[Asktaxreturn]

Thanks for your quick reply.

Why can't I use 1040ez form for filing my federal taxes? I have H1B visa and I read somewhere in this forum that if we are on H1B visa we can file our tax as resident alien.

Correct me if I am wrong.

Again thanks for your help.

[Asktaxreturn]

Hi,

I just checked my residence test in the following site and it says I should use 1040 form

2006... 149 days... F1
2007... 330 days... F1
2008... 365 days... from feb2008 to Sep2008 OPT... OCT2008... H1B
Residency Test - Substantial Presence Test, Non Resident Taxation, Greencard Test - Tax Form 1040 or 1040NR-EZ and 8843, F1,J1 Student Income Taxes, File Form 1040 NR EZ and Form 8843

What does it mean?

Thanks

[MukatA]

Your days on F1 and OPT are exempt from residency. On H1-B, you did not complete SPT.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents