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    nmicaowp's Avatar
    nmicaowp Posts: 7, Reputation: 1
    New Member
    		  
    #1

    Mar 21, 2007, 09:15 AM
    Filing tax
    I am H1B holder with tax treaty exemption. I have been in US since June, 2006. I received W-2 and 1042-S from my empolyer. According to CINTAX softward, I am resident alien for tax year 2006.
    Am I non-resident or resident?
    How should I file my tax (which form)?
    How should I indicate my tax treaty exemption benefit?
    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 23, 2007, 10:26 AM
    CINTAX is wrong.

    You are a dual-status alien.

    You need to file BOTH Forms 1040 and 1040NR.

    Depending on your home country, the treaty exemption probably does not apply to you. However, if I am wrong, you document the treaty exemption on Form 1040NR, then claim it on Form 1040.

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