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Dual status alien or non resident alien for tax purposes?
Hi,
I started working for my employer in September 2010 on OPT. I got my H1B approved in March of 2011. Since then I am on H1B Visa. I had a question regarding filing my taxes for 2011. According to the SPT requirement, I think I am a resident alien but then I think I am also into dual status as I was on my opt from January 2011 to March 2011 and I was on H1B Visa from end of March 2011 to December 2011. I am little confused as to what is my current status and how should I go about filing my taxes. Also should I file for an extension to pay my taxes? Which form should I use, 1040 or 1040NR? If somebody can direct me in the right direction, I would be thankful. |
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The CRITICAL issue is your marital status.
If you are married, you can file jointly with your spouse and you both CHOOSE to be terated as resident aliens for all of 2011. If you are single, you have met the 183-day Substantial Presence Test, but were NOT a sresident for every day of 2011, which means you must file a dual-status return. Note that the dual-status return is NOT form amateurs! Get professional help from someone who has experience filing such returns. If you need professional help, I am available. Double-click on my title above, then scroll down to the bottom of the page where my signature block is located. You will find my email address there. |
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Yes, you are dual status for 2011. On dual status your tax implication will be exactly as if you were nonresident for whole year except you must pay FICA taxes for H1-B period. You file dual status return.
If you are married, you can choose to file joint return as residents for full year. |
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