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    ashwindwarak's Avatar
    ashwindwarak Posts: 1, Reputation: 1
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    #1

    Jan 31, 2013, 06:23 AM
    1040ez or 1040nr? HSA account
    Hi Atlanta tax expert:

    I am a US resident alien in H1B status as of October 2012. I worked in OPT from June 2011 to October 2012 and I filed 1040NR-EZ for the year 2010 and 2011 (last 2 years). I am single, never married and no dependants and make below $100,000. Since I am in the H1B status now, will I be considered a resident alien for tax purposes?

    I came to this country from India in June 2009 for my masters and have lived here ever since.

    Also I have an HSA account through my employer. What form should I file for my HSA? I have made valid medical payments from my HSA account and have the bills with me. Should I file 1040NR-EZ or 1040-EZ? Please Advise.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 31, 2013, 09:13 AM
    For the HSA, you will file Form 8889.

    You will file as a non-resident alien for 2012, filing Forms 1040NR and 8843 one last time, because you have not yet met the Substantial Presence Test (SPT). The time spent under the F-1 visa does NOT count toward SPT.

    If you believe that you will need professional help filing this year, this IS what I do. Please double-click on my name (Atlanta Tax Expert) above to access my profile. You will find my email address in the signature portion of the profile (scroll down to the BOTTOM of the page).
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