[tamina1]

Hi
I have been on H1B visa since Oct 2005. I have used tax slayer all these years to prepare my taxes. Only now did I realise that I should have been filing 1040NR instead of 1040.

What should I do now?

Thanks!

[AtlantaTaxExpert]

You are mis-informed.

For 2005, you MAY have filed incorrectly and should have filed Form 1040NR. It depends on your marital status at that time.

But for 2006 through 20110, you did and should have filed Form 1040 as a resident alien.

If you returned to your home country in 2011, you can still file as a resident as long as you claim your home country income until 31 December 2011. You need to submit a Residency Termination Statement by 30 June 2012 to inform the IRS that your residency status has terminated. The contents of the Residency Termination Statement can be found on page 10 of IRS Pub 519.

[tamina1]

Thanks so much for your respone.

I was single during 2005. Does that mean I should send an amended form to IRS?

Also, I am currently still in the US working on H1B visa.

On a side note, for the year 2011, my husband is working in India for a US based company. What filing status should I file?

Thanks so much!

[AtlantaTaxExpert]

Yes, submit Form 1040X with a properly-completed Form 1040NR-EZ with the word "AMENDED" printed on the top of the first page of the Form 1040NR-EZ for the 2005 return. You may end up paying added tax, but if you ever apply for a green card, you will have to fix this error then.

For the 2011 return, you can file jointly with your husband, but he will need to apply for an ITIN (Form w-7) AND include his income in your return. He can then exclude up to $91,500 of his salary using Form 2555.

If you want my professional help with EITHER or BOTH issues, double-click on my title above and scroll down to my profile/signature. You will find my email address there.

[tamina1]

Thank you!!

[AtlantaTaxExpert]

Glad to help!