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    kne0's Avatar
    kne0 Posts: 1, Reputation: 1
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    #1

    Apr 14, 2013, 01:46 PM
    Dual status tax filing refund question
    Hi all,

    I am going to have to file a dual status tax return this year (F1 from 2007 - 2012, then H1B beginning October 2012 and I pass the substantial presence test).

    I have one W2 from my employer which shows me total wages of $60650, and SS wages of $12860.

    I understand that I will be filing the 1040NR (with Dual status) and 1040 (With dual status) and form 8843. I can't understand how to split the income and taxes between the two forms. Can I write the difference of the total and the SS income in the NR form? Can I prorate the tax paid and write it in the NR form? If I do, and I end up with a refund in the NR form as well as the 1040 form, will I receive both the refunds?

    Thanks for your help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 14, 2013, 10:15 PM
    A moot question.

    Your five-year exemption under the F-1 visa ended on 31 December 2011, which means that, for 2012, you are considered to be a resident alien for tax purposes, whether you switched to the H-1B visa or not.

    For this reason, file as a resident alien, filing Form 1040. Do NOT file a dual-status return.
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