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    gobbler's Avatar
    gobbler Posts: 2, Reputation: 1
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    #1

    Feb 12, 2011, 09:12 AM
    Dual status or non-resident? Really confused..
    Hi there,

    I've read the P519 and also the replies made by AtlantaTaxExpert to several questions here. The more I read through the more I get confused. Please help!

    My situation:
    1- F1 student between Sept 2008-Dec 2009. Never worked-never filed taxes.
    2- Changed to OPT on Jan 2010, but was outside US. Didn't return until March 10 2010.
    3- Worked from March 15 to Sep 31 on OPT.
    4- OPT changed to H1B on Oct 1. Started paying SS and Medicare.

    Am I supposed to file as non-resident or dual status for the year of 2010?
    The standard deduction is out of question, is that right?

    Thank you for all the help!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 12, 2011, 08:50 PM

    If you are not married, you will file nonresident tax return and Form 8843.
    gobbler's Avatar
    gobbler Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Feb 14, 2011, 07:27 AM
    MukatA,

    Thank you for your answer. Would it make more sense for me to ask for an extension, and ask to start my residency on OCT 1, 2010 once I fulfill the substantial presence test? I satisfy the 75% rule. I fear if I don't make the first year choice, next year I'll have to file as dual status for 2011 instead of simply filing as resident. So instead of pushing the dual status hassle to next year, I was wondering if I could solve it once and for all this year. Any suggestions?

    Thanks!

    P.S. I'm filing single.
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