Ask Experts Questions for FREE Help !
Ask
    yhwspect's Avatar
    yhwspect Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 20, 2007, 04:31 PM
    First year choice-redident or not?
    Dear Experts:

    My situation is :
    F1 from 2004 to 2006
    Change to H1b late October 2006
    Married, and husband is F1 (less than 5 years)

    I am trying to make the first year choice (dual status). My question is: could I (and my husband) file as "married joint resident alien" after filing extension form? Because I found following rules in Pub 519:
    "if you are a dual-status alien, you can choose to be treated as a U.S. resident for the entire year if all of the following apply.

    .You were a nonresident alien at the beginning of the year.

    .You are a resident alien or U.S. citizen at the end of the year.

    .You are married to a U.S. citizen or resident alien at the end of the year.

    .Your spouse joins you in making the choice."

    I'm not sure if I can satisfy No3 above since my husband is F1.

    Thank you very much.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 22, 2007, 09:51 AM
    Since you are both choosing to be treated as resident aliens for all of 2006, you DO meet the conditions of Item #3.
    yhwspect's Avatar
    yhwspect Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 22, 2007, 10:11 AM
    Thank you very much
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 26, 2007, 11:17 PM
    Glad to help!
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

First year choice or not [ 3 Answers ]

Hi, My status in 2006 is this: F1 to June, then OPT to 11/26/2006, then H1B My wife held B1/B2 Visa in 2006, she stayed here from 8/1/2006 to 12/31/2006, this January, she changed the Visa to H4 In 2006, my tuition was about 16000 If I file as non-resident, I can not claim my tuition...

First year choice for H1-B employee [ 11 Answers ]

Hi, I came to US on August 15 on H1-B. Since then I am in US only and will be there for full 2007 year. I understood that I need to file 1040NR for my income for year 2006. But I heard there is something first year choice through which I can file 1040 as resident to take advantage of deduction....

What is First Year Choice [ 1 Answers ]

Atlanta Tax Expert, Thank you for your assistance. Since my wife's employer didn't withheld her Social Security and Medicare tax because they think she should be exempted from those two taxes, how can she file on her tax form about this? Does she need to pay the penalty? BTW, what's...

First Year Choice statement [ 1 Answers ]

Hi Atlanta Tax Expert, In my earlier posting, you had advised that I wait till about June 2006 and then file as a resident using the First Year Choice( FYI- I changed to H1 status from F1 in Oct 2005) . How many days do I have to be in the US in 2006 to meet the substantial presence test? And...

View more questions Search