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    Jungeun's Avatar
    Jungeun Posts: 1, Reputation: 1
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    #1

    Apr 11, 2005, 03:21 PM
    Which Form to file?
    I have been working under an H1-B VISA since Dec. 2003. I am also a student who has paid tuition and tuition fees in 2004. Which form should I be using to file my taxes? I am from Korea and have been getting conflicting responses from several people. Last year my CPA filed my taxes using a 1040 form. Is this the correct form to use this year also?

    Thanks!

    Jungeun
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 12, 2005, 07:25 AM
    Jungeun:

    You were under a H-1B visa for all of 2004, so you should file as a resident aline.

    For 2004, file Form 1040/1040A/1040EZ, which applies.

    For 2003, In my opinion, you should have filed Form 1040NR or 1040NR-EZ. However, if the taxes paid are about the same and the IRS does not challenge it, it may be best not to draw attention to it by filing an amendment.
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