[archana367]

Hi,

I was International student on F1. I have worked on CPT for the year 2007. Meanwhile I got H1B which afected from 1OCT2007 & my F1 got terminated.
I got marry on end of OCT. but still I am on H1B status only.
How should I pay the Tax now.

1. Joint tax with my husband?
2. How I will calculate my tax for Full year.
e.g. Jan to Sep --- F1 status
Oct to Dec ---- H1b Status?
3. Can I get refund tax which I have paid between Jan to Sep as I was full time International student working on CPT?

Thanks,
Archana

[MukatA]

It appears that you filed 1040NR/1040NR-EZ for 2006. I feel that For 2007 (for your entire year's income) you will file 1040EZ/1040 as resident for tax purposes.
If you are married even on the last day of the year, your status for whole year is married. You can file only as Married filing Jointly or Married Filing Separately. Normally, it is always better to file as Married Filing Jointly.

[AtlantaTaxExpert]

Archana has a choice for the situation as posted.

She can file as a non-resident alien for all of 2007, filing Form 1040NR or 1040NR-EZ...

OR

She can file jointly with her husband and BOTH choose to be treated as resident aliens for all of 2007, filing Form 1040, 1040A or 1040EZ.

The second choice is probably the best, but the return should be modeled BOTH ways to be sure.

[MukatA]

Can I get refund tax which i have paid between Jan to Sep as I was full time International student working on CPT?
Archana

Are you from India? I am not sure, but the tax treaty between India and the U.S. does not say anywhere that it is not taxable. Your income as student is taxable from the first day. You can file only 1040-NR/1040NR-EZ if you are student from India.

[AtlantaTaxExpert]

Agree!