[rsantosh123]

Hi ,

I came to the US on L1 visa. (status - single)

202 days for 2011: -
(dates in mm/dd/yyyy format)

04/02/2011 to 09/09/2011
11/19/2011 to 12/31/2011

312 days for 2012: -

01/01/2012 to 02/26/2012
04/01/2012 to 11/07/2012
11/25/2012 to 12/31/2012

Qs1. Which is the form to be used to fill my IT returns.
Qs2. For the year 2011 I filled the form 1040. Is that correct?
Qs3. If wrong, what can I do to correct it this year.
Qs4. What should one do, if all the details are same as above, only thing is less than 180 days stay in a particular year.

Regards,
RS

[AtlantaTaxExpert]

Key questions:
- Are you MARRIED?
- Children?
- Were the children with you in the U.S. in either 2011 and/or 2012?

[rsantosh123]

Key questions:
- Are you MARRIED?
- Children??
- Were the children with you in the U.S. in either 2011 and/or 2012??

- I am unmarried (single)
- No children
- Not applicable (NA)

[AtlantaTaxExpert]

For 2011, you should have filed a dual-status return. You can amend the 2011 return to dual-status if necessary.

For 2012, you will file as a resident, filing Form 1040.

[rsantosh123]

Hi ,

Thanks for the quick reply.

1. How can I amend the 2011 to change it as dual status now? Are there any forms to be filled for this ? If yes, what forms are those.

2. One of my colleague was for less than 180 days in 2011 & 2012 as well

2011: -
Oct 15 2011 to Dec 31 2011

2012: -
Jan 1 2012 to Feb 26 2012

Should he file for dual status for 2011 & 2012 both ? Please advise.

Regards,
RS

[AtlantaTaxExpert]

The dual-status return requires the fling of BOTH Forms 1040 and 1040NR. Note that this return is NOT for amateurs; get professional help!

Your friend's case is different. While you qualified for the Substantial Presence Test in both years, he did NOT qualify for the Substantial Presence Test in EITHER year, so he file as a non-resident alien, filing ONLY Form 1040NR.

[rsantosh123]

Thanks for the reply.

So I will get professional help to get my status changed for 2011 to dual.
Also, I will ask my friend to do the same for 2011 as he has also incorrectly filled the 1040 EZ form.

For 2012, I need to directly fill the 1040 or 1040 EZ form, while my friend will have to fill the 1040NR-EZ form.

Are there any websites which allow to file these forms, namely 1040EZ and 1040NR-EZ.

Am I correct?

Regards,
RS

[AtlantaTaxExpert]

There is NO on-line software to prepare the Forms 1040NR or 1040NR-EZ.

There are at least SIX on-line software programs for Form 1040EZ. TaxAct is the best In my opinion.