Ask Experts Questions for FREE Help !
Ask
    deejet82's Avatar
    deejet82 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 5, 2006, 10:03 AM
    UK Tax Treaty? Dual Status?
    Hi Atlanta Tax Expert,

    I have a few questions regarding my tax return...

    I am a UK Citizen, yet I schooled in the US since 2001. I started working in NY & NJ last year and my H1-B status started in Nov 2005 (transferred from OPT)

    So my questions are:

    1) Do I need to file dual status?
    2) What forms should I fill out - the 1040 or the 1040nr? Or both?
    3) Can I claim a Tax Treaty with the UK on these forms?
    4) Can I use software like TurboTax to file the 1040 if applicable (I know they do not have the 1040nr forms on the software)

    Thank you for your help & hope to hear back soon!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 6, 2006, 03:55 PM
    1) No, dual status does not apply since you have not physically entered or left the U.S. in 2005.

    2) File as a non-resident alien; you do not qualify for resident alien status because of insufficient number of days under H-1B to qualify under Substantial Presence Test. File Form 1040NR.

    3) Yes, on Form 1040NR.

    4) TurboTax cannot process a Form 1040NR. Try CINTAX.
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!

Indian tax treaty clause for H1B status ? [ 3 Answers ]

Hello all, I have summarized my case below - Jan 2005 (31 days) - F1/OPT Feb 2005 through Dec 2005 - H1B I filed taxes using the 1040EZ form, where I could "not" avail of the Indian tax treaty clause. The calculation for my taxable income was:

Dual Status Return & Dual Status Statement [ 3 Answers ]

Hi ATE: Just curious, which amount will be refunded to us if we file 1040 as Dual Status Statement & 1040NR as Dual Status Return? Or the total of both? Best, Jesslyn

F1-h1 Dual Status [ 5 Answers ]

Hi, I was in OPT (Student from India) from June 2004-June 2005. My visa status changed to H-1 starting fom July 1st. While on OPT, I worked as Independent contractor and I got 1099 for $10000. I have 2 W2's from July through Dec.I pass the substantial presence test. I have to file as dual-status...

Valid F1 status but resident (for taxes), country treaty [ 1 Answers ]

Hi, I am a student in NY state originally from INDIA. I have a valid F1 visa. But this will be my 6th tax year in USA and I guess I am a resident for tax purposes. Because of my F1 status, I paid Social security and medicare only during the summer months. Rest of the year it is just regular...

Dual Status: F1 to GC [ 1 Answers ]

Good morning, My husband and I got our GC, but we were F1 until June'05. IRS pub 519 says that in our case, there is the 1st year choice : resident for the entire year, or NR for the 1st part and then resident (but then, no standard deductions, only itemized). Because, we had scholarship...

View more questions Search