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

    Mar 23, 2006, 02:35 PM
    H1B and Multiple State
    Hi,

    This is regarding my tax return for 2005. I was in USA from 28 Nov 2004 till 2 Apr 2005 in Chicago, IL on H1B. I came back here on Oct 10, 2005 in Salt Lake City, UT on H1B.

    My wife joined me here on Jan 6, 2006.

    On my W2 tax stauts is Married and state tax is MI as my employer is based there.

    Please let me know what is my residency status? Resident Alien or Non Resident Alien.

    Should I file return as Sinlge or Married Jointly?

    Will I have to pay UT and IL taxes too? How will I adjust tax paid to LI as shown on W2?

    Please advise.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 23, 2006, 10:58 PM
    Currently, you are a non-resident alien. If you file right now, you would file Form 1040NR. You cannot file jointly on Form 1040NR.

    You need to file tax returns for Utah and Illinois. You will pay taxes only on income earned in those states.

    You CAN file as a resident alien if you wait until May to file under the First Year Choice. I recommend this option, because then you can file jointly with your wife.

    See my other posts on how to file W-7 to get an ITIN for your wife.
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