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    Lancelot82's Avatar
    Lancelot82 Posts: 24, Reputation: 1
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    #1

    Mar 24, 2012, 04:50 PM
    Resident or Nonresident for tax purposes
    I came to US for an internship (J1 visa) on July, 2006 and stayed for 6 months (departed on Jan 2007). My internship was funded by my home country government so I did not pay any taxes to US government. However, I got a social security number during my internship.

    On Sept. 2007, I came to US as a graduate student on F1 visa and I have graduated on Sept. 2011 and right now working on OPT. My question is: Am I considered to be a resident or non-resident for tax purposes for the year 2011 (the one that I need to file before April 17th)? Which date is considered to be my original date of entry, July 2006 or Sept.2007?

    Thanks!!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 25, 2012, 10:26 AM
    Your J-1 time counts against your five-year exemption period under the F-1 visa, so your date of entry is July 2006 AND you are considered to be a resident alien for Tax Year 2011.

    So you will file a normal tax return (Form 1040/1040A/1040EZ).
    Lancelot82's Avatar
    Lancelot82 Posts: 24, Reputation: 1
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    #3

    Mar 25, 2012, 06:09 PM
    Thanks a lot! That was very helpful!!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Mar 25, 2012, 08:45 PM
    Glad to help!
    Lancelot82's Avatar
    Lancelot82 Posts: 24, Reputation: 1
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    #5

    Apr 12, 2012, 12:17 PM
    I will be filing jointly with my wife! She is not eligible to work in US (F2).When I was nonresident for the past 5 years, I use to fill out form 8843 (Statement for Exempt Individuals and Individuals With a Medical Condition For use by alien individuals only.) for both my wife and I. Do I need to fill that out this year too as a resident alien for Tax Year 2011? OR Form 1040/1040A/1040EZ are the only forms that I need to fill out? I plan to use Turbotax Federal free version!

    Also am I considered to be a resident alien for Tax Year 2011 for state taxes too in California? I use to fill out "California Nonresident or Part-Year Resident Income Tax Return 2010" Am I going to fill that one out this year too?

    Thanks for all your help!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Apr 12, 2012, 03:23 PM
    Since you are both filing as residents for both the federal and the California returns, Form 8843 is NOT required for either of you.
    Lancelot82's Avatar
    Lancelot82 Posts: 24, Reputation: 1
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    #7

    Apr 12, 2012, 04:45 PM
    I came to US on J1 on 2006 while I was single. I got married on 2007 Sept. and came to US for graduate school with my wife. So I am a resident alien for tax purposes (completed 5 years) but my wife is not (she got one more year). Can I still file jointly for resident alien status?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    Apr 12, 2012, 06:16 PM
    Yes, you can file jointly and she eill choose (by signing a statement) to be treated as a resident for all of 2011.
    Lancelot82's Avatar
    Lancelot82 Posts: 24, Reputation: 1
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    #9

    Apr 12, 2012, 07:18 PM
    That statement will be in one of the 1040 forms or are we talking about a separate statement?

    Thanks a lot for your helpful response!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #10

    Apr 12, 2012, 07:32 PM
    It is a separate statement that is attached to the tax return.
    Lancelot82's Avatar
    Lancelot82 Posts: 24, Reputation: 1
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    #11

    Apr 13, 2012, 03:51 PM
    Also, do I need to prove them that I am a resident alien for tax purposes (came to US on 2006 etc)? Do I need to send them my visa or I20 forms? OR do they have a way to check it electronically?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #12

    Apr 14, 2012, 10:21 AM
    There is no need to prove you are a resident alien; just file the return.

    If the IRS challenges it (HIGHLY UNLIKELY), you can show them your J-1 visa from 2006.
    Lancelot82's Avatar
    Lancelot82 Posts: 24, Reputation: 1
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    #13

    Apr 14, 2012, 01:15 PM
    Thanks a lot!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #14

    Apr 14, 2012, 01:29 PM
    Glad to help!
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