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    neel123's Avatar
    neel123 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    May 10, 2010, 06:26 PM
    Tax return
    Hello,

    I'm on L1 visa along with my wife, she is on L2.
    My date of entry in US was 05-July-2009.
    I filed my returns on 03-29-2010 and counted days from Jan- 2010 to calculate substantial presence test (183 days in US) .
    Now I got a notice from IRS stating that my returns are under-review.
    I now realize that on 12-31-2009, I had completed only 180 days.

    I'm not sure what should be my next step now, should I just wait for IRS to reply or should I write a formal letter to IRS?

    Thanks for help.

    Regards,
    NP
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    May 11, 2010, 10:51 AM
    NP:

    Wait for the IRS review.

    While technically you filed too early, you actually met the Substantial Presence Test on 4 May 2010, which happened during the IRS review, so on that date your "illegal" tax return became legal. I suspect that is what the IRS will determine, and they will process the return once you provide a statement that you and your wife both CHOOSE to be treated as resident aliens for 2009.

    BTW, did you include ALL world-wide income (to include whatever you earned in your home country) generated in 2009? That IS required if you file jointly in 2009.
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