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    QCT's Avatar
    QCT Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 20, 2008, 06:02 AM
    Use of first year choice
    I came from India on Sep-10-2006 on L1 visa with my wife.

    We did not go outside US from Sep-10-2006.I was present in the United States for 113 days (more than 31 days) in a row in 2006 & I was present in the United States 100% (more than 75%) of the number of days beginning with the first day of the 31-day period and ending with the last day of 2006. – Test for first year choice.

    I cannot pass the substantial presence test for 2006. So I am non residential alien for 2006.

    I can pass the substantial presence test on 26th May 2007.

    I did not owe money to government.

    My question is..
    1.Can I file tax after or on 26th May 2007 with first year choice benefit?
    2.As I did not owe money to government should I ask for extension or not?
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #2

    Mar 20, 2008, 06:19 PM
    1. Yes.
    2. You should have asked for an extension for 2006 if you wanted to elect the first year choice. However, if you owe no tax, there is no penalty for filing late.
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