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    immunoarun's Avatar
    immunoarun Posts: 6, Reputation: 1
    New Member
    		  
    #1

    Feb 26, 2011, 04:17 PM
    1040A or 1040?
    Hello all,

    I have been filing 1040NR form for the past two years for me and my spouse who is on a J2. Since, I am into my third year of J1 visa, what form should I use this year? Can I file as a resident (If yes, which form to use)? Also, I have dependent child now. So, I am not sure about which form to use for this year's returns. Thanking everyone in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 14, 2011, 01:19 PM
    To give concise and accurate advice, I need to know:

    - The type of J-1 visa (student, trainee/intern, or professor/teacher/researcher)

    - Your home country.
    immunoarun's Avatar
    immunoarun Posts: 6, Reputation: 1
    New Member
    		  
    #3

    Mar 15, 2011, 11:07 AM
    Comment on AtlantaTaxExpert's post
    Many thanks for your reply. The J-1 visa is for a researcher and I am from India.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 15, 2011, 12:54 PM
    There is a retroactive tax cluase in the U.S.-India Tax Treaty.

    That means that if you came and claimed the total tax exemption for 2008 and 2009, then you must go back and amend those returns to pay the taxes you would have paid had you NOT claimed the income tax exemption. If you do not have all of the money to pay the taxes, you can set up a payment plan.

    For 2010, you can file jointly with your wife and you can both CHOOSE to be treated as resident aliens for all of 2010.

    If you need professional help filing your return, email me at [email protected] or [email protected].

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