[sagarax]

Hi Experts,

I am in Arkansas state US on H1B along with my wife (H4) since Aug 13, 2006. I am getting US salary here since that time. Before coming to US I was getting indian salary for which I have paid taxes in India. In my W2, only US salary is mentioned. My wife is not earming any income in US/India. I was in US on business visit (B1) before from Oct 2004 till Jan 10 2005.

I have prepared return forms by consulting with one of the reputed Tax Professionals. But I still have doubts whether I'm doing the right thing.

1. Do I file as a non-resident-alien (married filing jointly) or as a resident alien (married filing jointly). I have filled 1040EZ form. Is that correct? Is it true that if I extend my filing dates, I can become resident alien. But Still I'm not clear about the difference.
2. Do I need to mention my Indian salary (earned before aug 06) while filing tax returns in US? I have not included as I have paid taxes in India and will be filing for returns there also.
3. Which form should I use to file my US tax returns? -- what are the advantages/disadvantages of filing returns as resident/non resident alien?
4. What are the consequences of filing wrong form?

I want to re prepare my return forms if required. Can I ask for a reimbursement of the money from the tax consulatnt who helped me? I wuld appreciate if anybody will help in filing the returns without any errors. Kindly reply me to the e-mail id with the price list.

Thanks very much for your help.

-Sagar
[email protected]

[tappusingh]

Hi,

Same case is with me, But I landed here on 25th Nov 2006. See if my comments helps as I was also searching answers of all these questions:-

1. Logically you should filled up 1040 NR b,caz in year 2006 your stay was less then 180 days. But It also depend on W2/salary slips entries too if you're your employer already deducted helth/dbl eth then you have to inform about all these details to IRS so 1040 EZ (Mrried filling jointly ) should be OK in this case. In case of resident aliean you will get more tax benefits.
In case Non resident, India is a treaty country so you also get benefits there too. What benefits you will get that You have to ask some tax consultant.
2. I don't think you need to mentioned your inidan salary if you are filling 1040EZ.
3. You should be OK by filling 1040 EZ(married filling jointly).
4. Your type of form will be totally based on your W2 columns/entries. If you go to any tax consultant, they will use your W2 entries in to their s/w and s/w will automatically picked up the right type of form.

Hope it helps.
Thanks
Rajeev

[sagarax]

Thanks for your quick response.
An amount of $376 and $1605 is withheld towards medicare and Social security respectively. Is that what you meant? This is mentioned in the W2 form but not on 1040EZ. Is that OK?

[tappusingh]

Should be Ok.
Have you already got your wife's TIN or applying along with federal tax return?
Thanks
Rajeev

[sagarax]

I have filled up W-7 form and send the Federal Return form along with this. Once I get the TIN I will mail the state tax return forms.

Thanks for your help.
Sagar

[AtlantaTaxExpert]

Guys, I answered this question on a different post.

Do me and your other posters the courtesy of NOT posting the same question multiple times. It wastes my time to access the post which has already been answered, and, right now, TIME is very limited.