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    steamengine2004's Avatar
    steamengine2004 Posts: 2, Reputation: 1
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    #1

    Oct 23, 2006, 07:32 AM
    Correct Form
    If a guy is neither a citizen of United States of America nor a permanent Resident of USA. Can he use Form 1040 for filing his return.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Oct 23, 2006, 12:54 PM
    It's not that simple.

    First, the duration of the individual's stay in the United States must be considered. This is the "substantial presence" test.

    Then there is visa status. Certain visas maintains an alien's non-resident status, but only for so long.

    Download IRS Pub 519 from www.irs.gov for details.
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