[saujanyavasu]

I entered USA on F1 in Aug 2001. 2005 Aug I changed to H1B from F1 (OPT). What tax forms do I need to file for 2005 year?

[AtlantaTaxExpert]

Saujanyavasu:

What is your nationality? It makes a difference as to which option you should take. Choices are:

1) File Form 1040NR as a non-resident alien.
2) File as a dual status alien.
3) File as a resident alien.

[saujanyavasu]

I am an indian, married.

[AtlantaTaxExpert]

Saujanyavasu:

Indian? That's what I guessed, based on your name.

Okay, the options noted below are still available to you. This is the only year you will have these options, as you will be required to file as a resident alien for 2006 and beyond.

I recommend that you delay filing until you qualify to file as a resident alien under the First Year Choice (details can be found in IRS Pub 519, which can be downloaded from www.irs.gov). In your case, I expect you would have to wait until mid-February before you could file. I assume your spouse already has a Individual Tax Identification Number (ITIN), as he/she would need one to be claimed as a dependent on the returns you filed before 2005. If my assumption is incorrect, submit a W-7 with your return to get a ITIN for your spouse when you file jointly using Form 1040 or 1040A.

The forms used to file as a resident alien are Form 1040 or 1040A, which are much simpler to use than Form 1040NR. Further, there is a host of tax programs (TaxCut, TurboTax and TaxAct come to mind) that can be purchased and loaded on your PC, or there are literally dozens of online tax websites that will allow you to prepare your return.

Finally, I can help you prepare your return. You will find me fees to be very reasonable. You can contact me at [email protected] if you are interested. I have references from fellow Indian citizens whom I have helped in the past few years.