[confused_CA]

Hi all,
I tried to go through this forum and get an answer but couldn't get one that was 100% satisfactory.
First of all, let me explain my situation. I am Indian citizen(single) who came to the US in Fall 2002 on F-1 visa. Was on OPT from March 2005 - Feb 2006. I started working on OPT from November 2005 and continue to work at the same place switching to H-1 from March 2006.
Which forms do I file for 2006? I can see that I am on dual-status for tax year 2006 but am not sure what forms to file.
And also I made a mistake while filing for tax year 2005. I filed as resident instead of non-resident and ended up losing the social security/medicare taxes which I was supposed to get refunded. So how do I file amended tax returns?

Any help is much appreciated.
Thanks.

[AtlantaTaxExpert]

You must file as a dual-status alien, filing BOTH Forms 1040 and 1040NR.

File a Form 1040X with an properly-prepared Form 1040NR attached. Print the word "AMENDED" on the top of the Form 1040NR. Ask to have your non-resident alien status reinstated.

Once the IRS acknowledges that they have processed the amended return, you can then request a refund of the FICA taxes using Form 843.

[confused_CA]

Thanks for the response AtlantaExpert.
It cleared up quite a few things for me.
I have a couple of other questions. Do I have to file 8843 for 2006 along with the 1040 and 1040NR? Do I put the standard deduction for F-1 students from India in 1040 or 1040NR? And what is the total wages earned that I need to fill in forms 1040 and 1040NR? Are they the same or the amount that was earned in the particular status?

Also, I got a W-2c (corrected) from my company so that I could get the social security/medicare taxes for 2005. Do I still have to file Form 843? Or is it enough to just file 1040X and 1040NR?

Thank you in advance.

[AtlantaTaxExpert]

Yes, file Form 8843 one last time.

Yes, use the standard deduction on Form 1040, where ALL wages earned in the U.S. are put for tax calculaion.

If you want the Social Security and Medicare taxes back, file Form 843.

[quin]

HI Confused_CA... I am in the same as you and am more Confused then you are... If u are no more confused, can you please exlain me that how me calculate tax in both 1040NR and 1040... I mean the income for JAN and FEb would go to 1040NR and the rest to 1040?? But according to AtlantaTaxExpert all income goes to 1040, so does it mean the all calculation(standard deduction, excemption and interest earned from bank and then the tax withheld and amount due or overpaid amount)) are done in 1040 and in 1040NR only line 8 is filled with the amount earned in JAN FEB(so no calculation of whether amount overpaid or amount due is done)... that's it?? correct? Also in 8843, where it asks about profession... what do we say? Student or H1 worker?

[confused_CA]

Thanks a bunch AtlantaTaxExpert.
I appreciate all the help.
Could you also address the question about filling out the 2 forms(1040NR and 1040) for dual-status aliens? i.e. what needs to be entered in 1040NR in terms of wages?

Quin,
I am also unclear about the wages that need to be entered in 1040NR. Based on what ATE said and other topics in this forum, I think you are right. All the tax calculations are done in 1040. Hopefully ATE will respond.

[AtlantaTaxExpert]

Sorry, too much work for no pay! Contact at email address below if you need professional help!

[confused_CA]

Thanks for all your help ATE.
I will email you any further questions I have regarding this matter.

[AtlantaTaxExpert]

Sorry I was so abrupt. Lack of sleep does that to you!