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    QuarterBackPunk's Avatar
    QuarterBackPunk Posts: 2, Reputation: 1
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    #1

    Mar 20, 2008, 01:23 PM
    Substantial Presence Test - Days of presence under B1 status with no taxes filed .
    Hello,

    If I take into account my stay in the US on B1 (business/visitor visa) status then I feel I qualify for being a Resident. However, I did not file any taxes before (I was specifically asked by my employer not to).

    Now I'm on H1B (since July 2007) and have filed through TaxAct online service (e-file) my Federal and State Tax Returns.

    It is only now I'm wondering should I had filed the 1040NR-EZ. But looking at the Substantial Presence Test specification in the IRS publication 519 they say "physically present" taking it literally it seems I qualify, just not sure if they'll be confused as why didn't I file prior to this.

    Any help would be appreciated!

    Thank you,

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

    May 2, 2008, 11:24 AM
    If you filed via on-line TaxAct, then you filed incorrectly, because you were NOT a resident alien for tax purposes.

    You should have file Form 1040NR or 1040NR-EZ.
    QuarterBackPunk's Avatar
    QuarterBackPunk Posts: 2, Reputation: 1
    New Member
    		  
    #3

    May 2, 2008, 12:43 PM
    Thank you so much AtlantaTaxExpert for answering. I'm really impressed that you were able to dig down and answer. Just one more follow-up question, if I may:

    By not filing 1040NR did I pay a higher amount of tax to the IRS? As if that's the case then I'm fine with IRS keeping the extra money.

    If not, then I would want to make it right and pay the IRS what I owe.

    Thank you,

    QuarterBackPunk
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    May 5, 2008, 08:24 AM
    More than likely, you paid LESS by filing as a resident alien, but I do not know enough to say that for sure.
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