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abhijitgp · Mar 1, 2007, 10:40 AM

Hello,

In year 2006, I was on OPT until May. I filed for and obtained my H1B visa in June of 2006. I would like to know which tax forms I need to fill out for federal and state taxes? I used TurboTax software but I am not sure if H1B holders should use it?

Any help appreciated!

Thanks

acro · Mar 1, 2007, 12:10 PM

Originally Posted by abhijitgp

Hello,

In year 2006, I was on OPT until May. I filed for and obtained my H1B visa in June of 2006. I would like to know which tax forms I need to fill out for federal and state taxes? I used TurboTax software but I am not sure if H1B holders should use it?

Any help appreciated!

Thanks

You should be fine to use Turbo Tax even though you are on H1B. Usually Turbo Tax has a link that can figure out if you qualify or not.

Good Luck

abhijitgp · Mar 1, 2007, 12:50 PM

Originally Posted by acro

You should be fine to use Turbo Tax even though you are on H1B. Usually Turbo Tax has a link that can figure out if you qualify or not.

Good Luck

Thanks for the reply. I am not sure which link in turboTax figures out if I qualify or not. Can you please shed some light on this?

acro · Mar 1, 2007, 02:26 PM

Abhijit --

Try this link.

Online Tax Software, Taxes & Prep for the Web - TurboTax

If that doesn't work, Google Turbo Tax, in the first result you'll see a link that says, help me choose the right product.

That might just set you on the path.

taxsearcher · Mar 2, 2007, 07:49 AM

Well, without more information I cannot answer your question. You are probably a dual status alien, in which case don't use Turbo Tax.

It depends on several things, including how long you have been in the US and on what visa, and also whether you are married or single (at the end of Dec 2006).

acro · Mar 2, 2007, 07:55 AM

Tax searcher --

I am curious about your reply.

I hae been in the US since Dec 2003. I was on F1 till June 2004 and then got on H1 during July 2005. I used Turbo Tax last year and till then had used the s/w provided by my school. Do you think I should not be using Turbo Tax? What do you think I could do?

Any suggestions?

abhijitgp · Mar 2, 2007, 08:05 AM

Hello,

Answering all 5 Q's in Acro's link, I was suggested that I use TurboTax Basic.

Well, I came in US for MS in Aug. 2003 F1. I graduated in May 2005 and was on OPT until May 2006. I got my H1B in wither last week of May or first week of June 2006. I have been on H1B since then.

Now, which forms should I fill out to file Federal and SC State taxes?

Thanks

taxsearcher · Mar 2, 2007, 09:02 AM

Acro -- you were a resident all year in 2006 so using Turbo Tax is fine.

Abhijitgp -- you need to file dual status in 2006. This means you have part year resident and part year non-resident. I very much doubt that the basic Turbo Tax program can handle that.

abhijitgp · Mar 2, 2007, 09:16 AM

Originally Posted by taxsearcher

Acro -- you were a resident all year in 2006 so using Turbo Tax is fine.

Abhijitgp -- you need to file dual status in 2006. This means you have part year resident and part year non-resident. I very much doubt that the basic Turbo Tax program can handle that.

Oh! Well, in that case, which forms should I file? From what understand, I am not eligible for standard deduction, am I ? I would really appreciate if you could guide me regarding this.

Thanks

acro · Mar 2, 2007, 10:15 AM

Tax searcher --

Are there any deductions or exemptions under US-INDO Tax Treaty that can be used to get more retruns in my case?

Abhijit --

I used the Turbo Tax link when I was under the same conditions as you. You might look around, because now that I look back, I had to PAY damn taxes last year. Which In my opinion something went wrong due to wrong forms filled out using turbo Tax.

You might want to go to a TC who knows what he/she is doing.

AtlantaTaxExpert · Mar 3, 2007, 03:38 PM

Acro:

You already PAID taxes (with the withholding from your salary); you just had to pay MORE (better money management; any refund is an interest-free loan to the government! :-)).

In my opinion, you filed incorrectly in 2005 because you were still either an non-resident alien or a dual-status alien, neither of which can be filed online.

acro · Mar 5, 2007, 08:03 AM

In that case what would you have me do? Can I file an amend? Is there a possibility that I can get my refund that was due last year?

abhijitgp · Mar 5, 2007, 01:51 PM

Hello all,

Thanks for your replies. I think I am still confused regarding which forms to fill out. Looks like I am a dual-status person and won't be eligible for Std. Deduction, am I right?

Appreciate your help

Thanks

AtlantaTaxExpert · Mar 7, 2007, 01:34 PM

Yes on dual-status.

You get NO standard deduction unless you are an Indian student, in which case you can still get the standard deduction even if filling dual-status.

abhijitgp · Mar 7, 2007, 01:51 PM

Dear AtlantaTaxExpert,

Thanks for the reply. Yes, I am a citizen of India, which means I qualify for Std./ Deduction of 5ooo, right? Just a couple more Q's.

1. Which forms do I need to fill out?
When I used TurboTax to do my taxes, it completed form 1040EZ for Federal and SC1040 for SC state tax. Are those the same forms I should use ?

2. Where do I mention about my Dual-Status? I did not see such option in any forms?

Thanks

AtlantaTaxExpert · Mar 8, 2007, 03:42 PM

Actually, the standard deduction for 2006 is $5,150.

You need to file Form 1040 and Form 1040NR.

A dual-status return cannot be filed online; it must be prepared manually and mailed.

You may want to email me at the address below to get professional help. The dual-status return is NOT for amateurs.

abhijitgp · Mar 13, 2007, 05:45 PM

Hello again,

I have a question about SPT. Since I have been in the US for past 3 years and satisfy the SPT, can't I just file for year 2006 as a "resident alien"?

Arrived in the US in Aug 2003 - F1
Began OPT in June 2005 - F1
Obtained H1B in June 2006 - H1B

Also, if I have to file as a dual-status, do I use the wages declared in the W-2 to fill 1040? In such case, what do I fill in 1040NR? Do I also have to file 8843?

Thanks

AtlantaTaxExpert · Mar 16, 2007, 12:48 PM

The time you were under the F-1 visa DOES NOT COUNT for SPT.

You put all wages on Form 1040, and the wages earned under the F-1 visa on the Form 1040NR; no tax calculations are done on the Form 1040NR.

Yes, you must file Form 8843 one last time.

abhijitgp · Mar 17, 2007, 04:34 PM

Hello AtlantaTaxExpert,

Thank you so much. I really appreciate your advice. I was just wondering, however, about the forms. Being Indian citizen, I am eligible to take standard deduction off my taxes. In that case, can I use 1040EZ and 1040NREZ? Also, if I did not have any income while I was on OPT. Does that mean I should enter zero income amount on 1040nr (or 1040nrz)?

Thanks'

AtlantaTaxExpert · Mar 20, 2007, 11:09 AM

If you had no income during OPT, then you claim NO income on the Form 1040NR. Just fill in the address and the information on Page 5.

Because of your Indian citizenship, you CAN claim the standard deduction on Form 1040.