[yasmince]

Hi,
My question is about how to file my tax for 2012. I entered US with tourist visa in April 2012, and made a change of status from B1 to H1B In October. I had no income during the time I was on B1, except support from parents back home. Since October 2012 I am on W2. Now should I file as a resident alien, or a dual status alien? I appreciate the answer, thank you!

[AtlantaTaxExpert]

You need to file as a dual-status alien. Even though you meet the Substantial Presence Test, you did NOT spend EVERY day in 2012 INSIDE the United States, hence the dual-status requirement.

[yasmince]

Dear AtlantaTaxExpert,
Thank you very much for your fast response. I did not know that I need to spend all year in the US, otherwise I do not qualify as a resident even though I pass the substantial present test. I was almost filing as a resident, because I thought passing the substantial presence test is enough, glad that I wrote in this forum.
Since I was a resident at the end of the year, should I be filing 1040 writing that I am a dual citizen at the top? In the IRS website it is written that I should show the income for the part of the year you are a nonresident and can use1040 NR form. Since I had no income when I was on B1 visa, would that be enough if I only file using 1040? Thank you very much! Your helps are greatly appreciated!

[yasmince]

*I meant dual-status... Thank you again!

[AtlantaTaxExpert]

The dual-status return is NOT for amateurs. Get professional help filing.

You can use me if you wish; my email address is in my profile, but if you do NOT use me, use another tax professional with experience filing dual-status returns.