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vivek9679 · Apr 14, 2009, 09:15 AM

Hi,

I came to US first time on Sept 6, 2008 and still in US. I am here on L1 VISA. I Filled up the tax returns in Turbo Tax and was about to submit it when one of my colleague informed me that I can not use turbo tax for filing my tax returns. My Employer gave me my W2 form which I used to fill up the turbo tax and its showing Total Wages=15,652.50, Federal Tax W/H = 1097.48, Soc Sec Tax W/H = 970.46 and Medicare Tax W/H = 226.96. I am getting $1024 as tax refund if I use TurboTax that includes the $600 benefit from US gov. From Sep 2008 to 31st Dec 2008 I was in Nevada itself and state tax is not applicable there.

Now Please suggest me which online product I need to use to file my tax returns. What is my residency status... Resident Alien or NR Alien?

vivek9679 · Apr 14, 2009, 09:36 AM

I am getting my salary(not Per Diem Allowances) paid by US subsidiary of my Parent Company and back in my Home Country I am not getting paid as I have been transferred to US Subsidiary.

AtlantaTaxExpert · Apr 16, 2009, 01:41 PM

Vivek:

As an L-1 visaholder, you are a resident alien and are paying the same taxes as a U.S. citizen.

You can use TuboTax to file your return, which includes the $660 Recovery Rebate Credit if you did NOT get an Economic Stimulus Rebate last year.

vivek9679 · Apr 16, 2009, 01:53 PM

Thanks a lot.

vivek9679 · Apr 16, 2009, 02:02 PM

Hi,

Still I have a doubt. I didn't complete 183 days in US last year. Although I used TurboTax to file my return I was not supposed to do so. I found this description on net: Your U.S. Tax Return: The U.S. Visas and Your U.S. Tax Return: Substantial Presence Test which says I need to complete 183 days to file taxes as resident alien and as I had not completed my 183 days till 31st dec 2008 I was supposed to file my return using 1040 NR form.

MukatA · Apr 16, 2009, 06:38 PM

Vivek
Yes, you did not complete SPT in 2008, so if you are not married, you will file nonresident tax return Form 1040NR or 1040NR-EZ.
If you are married, you can file joint return as residents only after you complete SPT in 2009.
On both the returns, you can claim moving expenses (if paid by you) by filing Form 3903. Read: Your U.S. Tax Return: Moving Expenses

vivek9679 · Apr 16, 2009, 06:51 PM

Hi Mukta,

Thanks for your answer. As I have filed my return wrongly using Turbo Tax which I was not supposed to do. Can you suggest me what I shall do now to rectify it. My ststus is SINGLE. My friend told me that I need to file the return again using 1040 X along with 1040 NR to rectify my mistake. I was in Nevada from September 2008 to Jan 2009. In Feb 2009 I moved to Texas. I think I can not claim moving expences when filing the 2008 return. I can claim it for the year 2009.

Please suggest me the what I should do now. Is there any penalty for refiling the return? I got my W2 in very last moment as it was bearing incorrect name of mine and it took time to get it corrected. I had no time to consult any tax analyst.

AtlantaTaxExpert · Apr 17, 2009, 02:05 PM

Mukata is correct; I mis-read your original post and thought you had arrived in 2006.