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    lilyaflower's Avatar
    lilyaflower Posts: 2, Reputation: 1
    New Member
     
    #1

    Oct 16, 2009, 12:52 PM
    Additional
    AtlantaTaxExpert:

    Thank you for your response. It definitely helps me. The only question is why I have to wait until June 1, 2010? Is the requirement is to be in US for at least 9 months? Do you mean if I choose to do so I don't have to file tax return this year. There is no penalty for this? Because tax season ends in April, 2010.

    Thank you.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Oct 19, 2009, 12:17 PM
    First, you can file an extension (which is automatically approved) to file by 15 October 2010.

    Second, you must wait until 1 June 2010 to meet the Substantial Presence Test. This is the criteria specified in IRS Pub 519, which can be downloaded and studied at your leisure at Internal Revenue Service.

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