[jackyskis]

Which tax form does a single H1B visa holder have to fill in? There seem to be 2 forms? I am a UK citizen who has been working for a US company in Colorado since November last year. Also, are there any deductions/refunds I can claim against tax? Someone suggested I could claim my airfare from UK to USA, but my Mom paid for it with her credit card, so I guess I don't have evidence that I did, so / wouldn't be able to get it back? Someone else suggested I might get local city rates refunded. Many thanks for any advice you can give.

[AtlantaTaxExpert]

You will file as a non-resident alien, because you have NOT met the 183-day Substantial Presence Test and, due to your single marital status, cannot file jointly.

Now, whether you file Form 1040NR with Form 2106 to claim travel costs and daily living expenses or Form 1040NR with Form 3903 to claim JUST the travel costs depends on the projected duration of your stay.

If it appears that you will be in the U.S. for all of 2010, you should file Form 1040NR and claim the airfare as a valid moving expense. The fact that your mother paid for it is irrelevant, provided you will pay her back eventually.

I cannot comment on getting the local taxes refunded.

If you have not yet filed, contact me at [email protected].