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mitthakkar · Jan 28, 2009, 08:50 PM

HI,

Writing WRT my US Tax filling. I require to file my US tax returns for the current and the last year. (i.e. for year 2007 & 2008). I had been to US in 2007 for 44 days starting 09/02/2007 to 10/15/2007 and in 2008 for 42 days starting 11/09/2008 to 12/20/2008. My visa status is H1 B. Due to non receival of my W2 for 2007 in time I was not able to file my 2007 returns.
As per the information I have I require to use the 1040-NR-EZ form for tax filling for the 2 years (i.e. for year 2007 & 2008). Please correct me if my information is incorrect.
Also do I require to fill any additional form [form for late filling (covering letter) etc.] along with 1040 - NR- EZ for my 2007 Filling..

Thank you & Regards,

Mitesh Thakkar.

AtlantaTaxExpert · Jan 29, 2009, 12:18 PM

Mitesh:

If you were under the H-1B visa for ALL of 2007 and 2008, you will file Form 1040 for both years, because the H-1B visa makes you a resident alien for tax purposes regardless of where you worked in the world! You may be able to claim a Foreign Tax Credit (Form 1116) if you paid income taxes to a foreign country in either year.

If you started your H-1B visa in 2007 AFTER 1 July 2007, you can file Form 1040NR-EZ for 2007.

If you started your H-1B visa in 2007 AFTER 1 Jan 2007, but before 2 July 2007, you will file a dual-status return for 2007.

mitthakkar · Jan 29, 2009, 08:46 PM

Thank you for your prompt reply.

In 2007 I started my H1B visa AFTER 1 July 2007 as I got my H1 B visa stamped on 17 August 2007. So I require to use the 1040-NR - EZ form.

Further I just want to confirm again if any kind of form or Covering letter is required to be filled for late filling along with the 1040-NR- EZ form..

Also it will be really helpful if you can tell me where the tax Filing documents for 2007 are required to be Addressed..

Regards,

Mitesh.

AtlantaTaxExpert · Jan 30, 2009, 10:52 AM

Mitesh:

It does not matter when you got the H-1B visa stamped; what matters is the effective date of the H-1B visa, which is on the H-1B approval notice.

No cover letter is required; just file the appropriate return.

If you file as a non-resident or dual-status return, you mail the return to:

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
AUSTIN TX 79901-0215

mitthakkar · Feb 4, 2009, 09:46 PM

Thank you once again .

One more small query : do we require to file the state tax return and the federal tax return simultaneously.. and also while addressing my federal tax filling to the following address

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
AUSTIN TX 79901-0215,

Is it possible I can send the scanned copy of my documents to my friend in US and he can then mail them to the above address..

AtlantaTaxExpert · Feb 10, 2009, 02:18 PM

Scanned document is NOT acceptable, because a tax return is a LEGAL document which requires that the signature be an ORIGINAL signature.

mitthakkar · Feb 19, 2009, 08:59 PM

Hi thank you once again... one more small doubt :-)

Will I get my tax return ( if I am due for the same) for 2007 if I do the tax filling for same now..

And are you a tax filling consultant... from whom I can get my tax filled.. if yes what are your service charges..

AtlantaTaxExpert · Apr 16, 2009, 08:38 AM

Actually, I have to amend my earlier postings.

You will need to file dual-status returns for BOTH 2007 and 2008, because I was wrong in my earlier posting: the income earned while OUTSIDE of the U.S. is NOT subject to U.S. taxes.

I have filed three returns this year for clients under similar circumstances since I did that initial post, and my research showed me error of my ways.

You can contact me at [email protected] if you still need help filing your tax return.