Ask Experts Questions for FREE Help !
Ask
    mohan_adi's Avatar
    mohan_adi Posts: 7, Reputation: 1
    New Member
    		  
    #1

    Feb 24, 2006, 11:42 AM
    1040NR or 1040 ?
    My friend (Married , H1 , Indian) stayed in US for around 4 months in 2004 mid and returned to India . Filled 1040 NR - EZ for 2004 and with status as Married Single.

    Friend came back to US in Oct 2005 only and continued to stay in US.

    1. Since friend did not qualify for resident as substantial presence test . Whether he need to file 1040NR ?

    2. He will be in US for full year and will qualify for presence test in 2006. In that case , is it possible to file as Married resident for 2005 and also claim spouse exception in the return ?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 24, 2006, 04:32 PM
    1) Yes, he will need to file Form 1040NR for 2005.

    2) For 2006, he can file as a resident alien (Form 1040 or 1040A or 1040EZ) and submit Form W-7 to apply for an ITIN in order to file jointly with his spouse.
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!

1040 vs 1040NR [ 3 Answers ]

I am a bit confused whether I should fill 1040 "OR" 1040NR for to file my tax returns. Details about me: I am on F1 Visa status finished my Masters degree requirements from Dec 2003 - Dec 2005, during this period I interned with a company. Currently I am on OPT. Appreciate you help. -...

F1/opt- 1040 or 1040nr ? [ 3 Answers ]

Hi, I am an Indian Citizen in US on OPT(F1 Visa). I am Single with no dependents. I was wondering which Form do I need to file - 1040 or 1040NR. I am having around $30000 wage income and $100 taxable interest income to report. So I was thinking of filing 1040NR but I would like to add ...

Regarding 1040/1040NR [ 1 Answers ]

Hi, I was working on OPT till end of September 2004 and then on H1 visa from October 1, 2004. I was also outside US for 30 days in November 2004. I am filing my taxes for 2004 now. Reading through all the posts I understand that I will need to file 1040NR as I don't meet the substantial test. ...

1040 instead of 1040NR [ 3 Answers ]

Hello, I just eFiled my tax return for 2004 and immediately realised that I used 1040 instead of 1040NR. What do I do now? I am a student from India on F1 for the entire 2004. Any help in this matter would greatly be appreciated. Srikaran

1040NR or 1040 if 1040 returns are more [ 1 Answers ]

Thanks AtlantaTaxExpert you are AWESOME :) Thanks for all who help us. I am qualified for 1040NR and I filled out both forms 1040NR-EZ and 1040 to check. 1) Can I claim qualified education expenses? Because I pay the loan of 5400 and also paid around 250$ of interest. If I add 5400 as ...

View more questions Search