Ask Experts Questions for FREE Help !
Ask
    varun27july's Avatar
    varun27july Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 3, 2008, 11:19 AM
    US Residence status for tax 2007
    Hi,

    I came in US on 24July and my wife came on 27Aug... we were here for less than 183 days in 2007... Can we still file 1040 regular form...
    I was reading at some site that:

    You can do it as a First-Year choice.

    If you do not meet either the green card test or the substantial presence test, but you meet the substantial presence test for 2008, you can choose to be treated as a U.S. resident for part of 2007.

    To make this choice, you must:

    (I) Be present in the United States for at least 31 days in a row in 2007, and

    (ii) Be present in the United States for at least 75% of the number of days beginning with the first day of the 31-day period and ending with the last day of 2007. For purposes of this 75% requirement, you can treat up to 5 days of absence from the United States as days of presence in the United States.



    Does someone has any clue about it... also what are the requirements for substantial presence test for 2008...

    Any help is highly appreciated...

    Thanks
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 3, 2008, 03:21 PM
    You did not mention your visa. Assuming you have working visa, you can file resident tax return after you meet SPT test in 2008.

    Clue: 1/3 (number of days in the U.S. 2007) plus (number of days in the U.S. 2008) = 183.
    varun27july's Avatar
    varun27july Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Mar 3, 2008, 03:42 PM
    Mukata,
    Thanks for your response... I am on L1 (working visa)... You mentioned that I can file resident tax return... but do I need to take extension to file my 2007 visa... because for I have to file it before 15 April and till then I won't be fulfilling this 2008 criteria...
    Thanks in advance for your response...
    varun27july's Avatar
    varun27july Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Mar 3, 2008, 03:43 PM
    Quote Originally Posted by MukatA
    You did not mention your visa. Assuming you have working visa, you can file resident tax return after you meet SPT test in 2008.

    Clue: 1/3 (number of days in the U.S. 2007) plus (number of days in the U.S. 2008) = 183.


    Mukata,
    Thanks for your response... I am on L1 (working visa)... You mentioned that I can file resident tax return... but do I need to take extension to file my 2007 visa... because for I have to file it before 15 April and till then I won't be fulfilling this 2008 criteria...
    Thanks in advance for your response...
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Questions about filling status and exemtion for 2007 tax [ 1 Answers ]

Dear Expert: I was attracted by your prompt and experienced answer, so registered and try to drop several questions about my current confusions for 2007 tax, hope to get some response from you. My status: Aug.22 2005 come to US, Aug.22 2005-Feb. 27,2007, F-1 ...

H4 Visa: 2007 Tax Filing Status - To file or Not to File [ 1 Answers ]

Hi, I am on H4 from 2006. Filed tax for 2006 using ITN with my spouse(H1) as Joint Return. My spouse wants to do Married filing Separately FOR 2007. My question is for 2007, 1) Do I need to file a separate return in spite of lack of income(H4) ? 2) Or do I just leave it as such and not file at...

F-1 (OPT) to H1-B (Tax Status for 2007?) [ 3 Answers ]

Hello, I have reviewed several queries and responses on this site but I am still confused as to what I should do (Dual Status or 1040 NR) so I hope someone can answer my question. I have been in the US since 2000 and filed the following returns: 2000-2003 (F1, 1040NR-EZ) 2004-2006 (F1, 1040...

2007 Tax Filing Status with Non-Resident Spouse [ 7 Answers ]

I was recently married (Oct. 21, 2007) to a UK resident. We filed our immigration paperwork with the INS at the end of November to change my husband's status from "visitor" to "perm. resident" in the US. We got the receipts from the INS and have received his appt for fingerprinting. My...

Tax status for 2007 [ 1 Answers ]

Hi, I came to US single during this year on Jan 2007 and left US on Feb 9 2007, I am back to US on Aug 01 2007 for another 2 yrs along with my wife and child. I am here on L1 visa and my wife and child on L2 dependent visa, I would like to understand what will be my tax status for the filing in...

View more questions Search