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    easthigh's Avatar
    easthigh Posts: 5, Reputation: 1
    New Member
     
    #1

    Apr 2, 2009, 12:11 PM
    Should I file dual status?

    This is my first time to file tax in US. I appreciated your help.

    I am canadian, came US in Aug. 2008 for the teaching job on h1B. My son came in Aug. too, on h14.

    Should I file dual status?
    Which forms to use?
    Is there any good software to use? Thanks.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Apr 2, 2009, 05:08 PM

    If you were not in the U.S. in 2006 and 2007, then you are nonresident for 2008.
    If you are not married, then you can file nonresident return Form 1040NR or 1040NR-EZ.
    easthigh's Avatar
    easthigh Posts: 5, Reputation: 1
    New Member
     
    #3

    Apr 6, 2009, 02:32 PM

    Thank you for the answer. I still have some questions:


    If I am non-residance alian, do I get the first year choice?

    Is there any software for 1040NR?

    Do I have to send the forms to IRS by mail, can not efile?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Apr 6, 2009, 02:48 PM

    Yes, you can get First Year Choice. But you did not explain which first year choice? Dual status, married filing jointly..

    Nonresident return must be paper return and can not be efiled. Most of the software do not do this return.
    Read about H1-B tax filing: Your U.S. Tax Return: The U.S. Visas
    easthigh's Avatar
    easthigh Posts: 5, Reputation: 1
    New Member
     
    #5

    Apr 6, 2009, 03:37 PM

    Thank you.

    I heard about 'first year choice, Dual status. But not sure it will be better for me. It seems canada has treaty with US.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #6

    Apr 6, 2009, 03:42 PM

    There is no benefit in filing dual status unless you have some deduction during H1-b which is available on the resident tax return and not available on nonresident tax return.

    H1-B is work visa and you do not get any treaty benefit. You can claim dependent on nonresident tax return.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
     
    #7

    Apr 6, 2009, 07:25 PM

    For software, see Cintax.
    easthigh's Avatar
    easthigh Posts: 5, Reputation: 1
    New Member
     
    #8

    Apr 14, 2009, 01:51 PM

    I need help, I am waiting on line for your answers. Thanks.

    Does a canadian (non resedence alian) have tax exemption as h1B?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #9

    Apr 16, 2009, 02:49 PM
    EastHigh:

    You never answered the question as to whether you are married or not.

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