Ask Experts Questions for FREE Help !
Ask
    msrabc's Avatar
    msrabc Posts: 5, Reputation: 1
    New Member
     
    #1

    Jan 27, 2007, 01:23 PM
    H1B non-resident tax info
    Hi,

    I am with my current employer since Oct 2005. I worked from India (like working from home for my personal reasons) from June 2006 to Jan 2007. So I was out of USA for 7 months and worked my current employer from outside the country. But my employer paid me all the while.

    I got married in July 2006 but my wife hasn't entered USA till now.

    Am I considered non-resident. What tax forms should I fill? Can I claim married status? Appreciate your help.

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

    Jan 27, 2007, 02:19 PM
    MSR:

    By being H-1B from Oct 2005 to end of May 2006, you have met the Substantial Presence. You also met the 31-consecutive day rule.

    If you retained your H-1B whle you were in India, then returned to the U.S. under that same H-1B, you are still considered a resident alien, even though spent June 2006 to Jan 2007 in India.

    Hence, you can file jointly with your wife, even though she is a non-resident alien. She must agree to be treated as a resident alien for the entire year, and her 2006 income (if any) is subject to U.S. taxes. Her physical location during 2006 is irrelevant.

    If you choose the course of action, you must file either Form 1040, 1040A or 1040EZ.

    If you need professional help, contact me at [email protected].

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Resident or Non-resident Alien for tax year 2006? [ 3 Answers ]

Hi I have been in the US since 20th January 2006 and am on the payroll of my company since July 2006 , for the purpose of filling Tax returns for the year 2006 , am I a resident Alien or a non-resident alien?

Fox Tax: Resident or Non Resident Alien [ 7 Answers ]

I came us on L1 Visa on 22nd July 2006 along with My wife & Son . I am working for Indian compony and we have US subsidiary.. In US, my US company is paying me the salary. My family went t back to india 29th Oct 2006 and I am still here and will be going in early Feb 07. I also visited US on...

Part time resident or non-resident for state tax form? [ 3 Answers ]

:( hi, I was on F1 visa in Texas till the month of September. Then moved to North carolina in October to work on OPT till December. So I am still eligible to fill the 1040NR-EZ form. But my confusion is the state tax form since for Texas I did not have to fill one. And now in the D400 state tax...

Tax Return NY State J1 to H1B. Resident or not? [ 1 Answers ]

In 2005 I worked for the same company. As an intern (J1) from January 1st 2005 to June the 15th As an Employee (H1B) from November 6th to December 31st 2005 I was back in France between September 9th to November 6th to get my H1B Visa. Should I file my tax as a resident or an Non...

From OPT (F-1) to H1B - resident for tax purposes? [ 1 Answers ]

Hello, I have been in the US since August 2000. I started college in South Carolina and then transferred to school in Atlanta, GA on Jan 2003. I was on OPT from May 16, 2005 until Jan 07, 2006. On Jan 07, 2006 I started using my H1B status. I currently reside in Atlanta, GA. Between Jan...


View more questions Search