Ask Experts Questions for FREE Help !
Ask
    c_rahul5578's Avatar
    c_rahul5578 Posts: 5, Reputation: 1
    New Member
    		  
    #1

    Feb 9, 2010, 07:35 PM
    H1B Tax filing for Non resident Alien (1040NR)
    Hi Experts,

    I am facing a problem
    I came to US on H1B Visa on 2nd Sept 2009.
    I will be in US till 20th Feb2010.

    I got my W2 & when I was trying to file the returns, I came to know that I am a Non-Resident Alien.

    I came here in US in 2006/07 in H1B.
    I stayed in 2007 from 1st Jan to 30th May 2007. (150 Days)
    I was not in US during 2008. (0 Days)
    I came to US on 2nd Sept 2009 and till date I am here in US.
    My Wife came to US on 20th Dec 2009 and went back to home country on 10th Jan 2010.

    So Do I need to file my returns using 1040NR?
    Is there any way I can do my filing as a resident Alien and get the Std Deduction available for "Married Filing Jointly" ?
    Earliest reply is appreciated.

    - Rahul.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 10, 2010, 01:31 AM

    For 2009 you will file nonresident tax return. You can not file joint return as residents.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
    Tax Expert
    		  
    #3

    Feb 10, 2010, 06:58 PM

    You do not meet the substantial presence test and therefore are a nonresident alien. You cannot elect to be treated as a resident for 2009 if you will not be treated as a resident in 2010 and if you leave in February 2010 you will not be a resident for 2010 either.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 4, 2010, 02:51 PM
    However, when you DO file Form 1040NR, you CAN claim daily living expenses for your 2009 portion of the stay, because your tour did NOT exceed one year and this qualifies as a "temporary" job under IRS guidelines. Use Form 2106 to claim the daily expenses and itemize on the Schedule A which is part of the 5-page Form 1040NR.

    If you need professional help, contact me at [email protected].
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!

Resident alien with non-resident spouse - tax filing status [ 2 Answers ]

I'm a resident alien that got married in 2007 but my spouse lives in another country. I've continued filing as single because we were married in another country. Can I amend my past returns? Can I now file as married filing jointly? My spouse does not work. Would this affect future immigration...

Resident Alien on H1B Visa -- Marital Filing Status [ 4 Answers ]

Dear helpdesk, I appreciate the time taken by experts to answer the questions asked by the users of this website. I have a question regarding the filing status. I am working in US on H1B Visa status for past couple of years. I lived almost whole year of 2008 in US(except couple of...

Filing Tax as Resident alien [ 10 Answers ]

Hello Tax Gurus, I have multi-part queries. I sure hope I am not asking too much. I have gone through the Publication 519 and this site too. Yet I have questions and sure hope these would help others too. -------------------------------------------------------- My wife, child and I came to US on...

Non Resident Alien filing US tax [ 1 Answers ]

Hi, I am a non resident alien (arrived 13 Aug 2006) and want to fill my tax return. I am originally from India. Working for a company in St Louis, MO. I am married but my family is in India. They have H4 visa but no ITIN nos. In this case which form should I fill for tax return and what status...

Resident Alien Tax Filing [ 3 Answers ]

This is my sixth tax year in the US as an F-1 student so I understand that I am now a resident alien for tax purposes. I don't understand how to fill out the 1040/1040A/1040EZ forms as a resident alien - for example I have already had tax deducted from my stipend but I couldn't specify that on the...

View more questions Search