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tnx DB peddalu found link below who are in same boat as me

 

I am on an H-1B visa. Can I file using TurboTax?

 
Kathy Howell, IRS Tax Senior Tax Consultant, Community BloggerBy Kathy Howell, IRS Tax Senior Tax Consultant, Community Blogger 
on April 07, 2006 at 12:00 AM, updated December 07, 2007 at 2:00 PM
 
 
 

Question from Madhup 
March 27, 2006 at 1:35pm

Hello Kathy,
I was reading all the information available online for people who are on an H1B Visa for the whole year of 2005. I just wanted to double check with you to see if I can fill in the 1040 form on Turbotax or I still need to fill in 1040NR? I was in the US for the entire 2005 as an H1B Visa holder and worked for my company here in Raleigh.

Answer: Madhup - The first item that needs to be determined, for income tax purposes - not immigration purposes, is whether you are a resident alien or a non-resident alien. There is also a third possibility that you may be classified as a dual-status alien where you are essentially both a resident and nonresident alien during the same tax year. This usually occurs in the year you arrive or depart the U.S. Different rules apply for each circumstance.

Individuals who enter the country under an H-1 visa status are generally considered resident aliens for income tax purposes. You are a resident alien for tax purposes if you meet either the "Green Card Test" or "Substantial Presence Test". If you are a lawful permanent resident of the U.S.(Green Card) at any time during the year you are generally considered a resident. To determine if you meet the residency requirements for the "Substantial Presence Test" we need additional information including the date you arrived in the U.S. under the H1-B Visa classification. Publication 519, US Tax Guide for Aliens, addresses the specific criteria for each test in Chapter 1. If you are considered a resident alien for tax purposes you are taxed the same as any other US Citizen or Resident. You file Form 1040, US Individul Income Tax Return when using TurboTax.

The 1040NR cannot be filed using e-file. 

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