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    sr06's Avatar
    sr06 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 28, 2007, 09:48 PM
    OPT/H1 tax return
    Hi,

    Below are my status details.

    F1: August 2003 - Nov 2005
    OPT: Nov 2005 - Sep 7, 2006
    H1: Sep 8, 2006 - present

    1. Do I clear the Substantial Presence Test for 2006? If no, should I file my returns as a Non resident?

    2. I received 2 W-2 forms from my employer for 2006. One for the period when I was on OPT (no SS and Medicare deductions) and the other when I was on H1B. How does that effect my returns?

    3. For year 2005, while I was still on F1, I filed 1040 when actually I should have filed 1040NR. Can it be an issue if I have to file as a Non-Resident this year?

    Thanks.
    taxsearcher's Avatar
    taxsearcher Posts: 222, Reputation: 8
    Full Member
    		  
    #2

    Mar 29, 2007, 04:09 AM
    You don't pass the SPT so you should file as a non-resident. File a 1040NR. You would include both W-2s.

    If you filed as a resident last year, you should file an amended return to correct it.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 3, 2007, 03:38 PM
    Agreed!
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