[bbspeterlee]

Hi,

My personal information:

1. P.R. China Nationality, I was a student UNTIL June 30, 2007.
2. I've been single since my birth;
3. I DO have 401(k) account;
4. I DO have stocks;
5. I do NOT have a house or car;
6. I DO have 1099 forms from banks;
7. I DO have 1099-D/G forms from my stock broker;
8. I'm now working under H1B, and I have not applied for the Green Card;
9. I'm paying FICA taxes;

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My experiences in the States:

1. July 13, 2006 ~ September 28, 2006: I worked in the US as a TRAINEE at a NON-academic company under my first J-1 visa, and during that period, I was still a student.

2. December 12, 2007 ~ December 13, 2008: I worked in the US as an INTERN at the same company above under my second J-1 visa. (I was NOT a student any more).

3. I was NOT physically in the States during the year of 2009, but I have US income in 2009 (Although I left the US on December 13, 2008, the company was very nice, and they even gave me bonus for 2008 performance, the payment (of course) was paid to me in March 2009, with a big bite of Federal & CO income tax withheld.)

4. March 1, 2010 ~ PRESENT (Today is March 25, 2012), and I have not left the US for even a single day; I'm working here under my H-1B work visa at the same company in Colorado, USA.

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Questions for Tax Year 2011

1. For tax filing purpose of the tax year 2011, am I tax resident, or tax non-resident?

2. Which forms should I use for filing Federal Tax 2011?

3. Which forms should I use for filing Colorado State Tax 2011?

4. Does China-US tax treaty apply to me? If yes, which extra forms do I have to use?

5. Are there any other forms I have to use to maximize my tax return under the US laws?

Thank you very much!

Peter

[MukatA]

For 2011 you are resident for federal tax purpose as well for state return. China US tax teatry does not apply in your case.
If you are married, you can file joint return as residents even when your spouse is nonresident.

[AtlantaTaxExpert]

1) Resident.

2) Form 1040

3) Colorado resident return

4) No

5) None that I know of.