Tax filing after stamping

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m_kandy

Registered Users (C)
My question is about tax filing after stamping.

Before stamping (ie last year)
I filed 1040A and claim Resident in my state tax filing.

Is it going to be same for me this year(I mean will there by any changes due to stamping)? If not, please tell me what are the changes

Thanks
 
The 'resident' in Tax filing has got nothing to do with 'permanent resident' in GC terms. Or, is it..?? :eek:
Isnt that merely saying whether you are a resident of the state which you are filing for or not.
 
JoeF said:
For state tax returns, yes. For federal returns, filing as non-resident is considered evidence that you abandoned the GC. See IRS Publication 519, in particular the "Greencard test."
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Once someone here said his citizenship country has a tax treaty with the
USA that says PRs who are citizens of that country can file
federal non-resident tax return
 
My 485 is approved. But I did not get the I551 stamp yet in my passport. My question is, if I file tax now, should I mention that I am a resident immigrant or nonresident immigrant in tax filing application(s)?
 
Deepesh7373 said:
My 485 is approved. But I did not get the I551 stamp yet in my passport. My question is, if I file tax now, should I mention that I am a resident immigrant or nonresident immigrant in tax filing application(s)?
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Form itself indicate your residency status.
If you file 1040, then you are a resident.
If you file 1040NR, then you are a non-resident.

As PR, you should file 1040 or 1040A or 1040EZ. All these forms
are for residents and residents only
 
AmericanWannabe said:
Form itself indicate your residency status.
If you file 1040, then you are a resident.
If you file 1040NR, then you are a non-resident.

As PR, you should file 1040 or 1040A or 1040EZ. All these forms
are for residents and residents only
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Thanks for the quick reply. But I have another question(s) - resident means 485 approved people? All H1 visa holders should file 1040NR?
 
Deepesh7373 said:
Thanks for the quick reply. But I have another question(s) - resident means 485 approved people? All H1 visa holders should file 1040NR?
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Not at all. First of all having GC or not doesn't affetc how you file your tax returm. "Residancy" (from Tax return point of view) is determined by no of days spend in US. I beleive if you stayed 180+ days in US, you are resident and have file tax return as resident else file NR tax return.

Getting GC, don't bear any affects on your tax returns.
 
qwertyisback said:
I beleive if you stayed 180+ days in US, you are resident and have file tax return as resident else file NR tax return. Getting GC, don't bear any affects on your tax returns.
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It's close to that, it's all the days in the past tax year, the days in the year before that divided by 2 (or 3), and then the days in the year before that divided by 6. If those three numbers added up equal 183 or more, you've passed SPT. Google Substantial Presence Test for the exact number. And yes, F, J and M days are exempt.

While tax and immigration are pretty much seperate, a GC and filing as a resident pretty much go hand in hand.
 
TheRealCanadian said:
It's close to that, it's all the days in the past tax year, the days in the year before that divided by 2 (or 3), and then the days in the year before that divided by 6. If those three numbers added up equal 183 or more, you've passed SPT. Google Substantial Presence Test for the exact number. And yes, F, J and M days are exempt.

While tax and immigration are pretty much seperate, a GC and filing as a resident pretty much go hand in hand.
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But just because, you have GC, that doesn't mean that you file your tax return as "resident". If you don't fit into "resident"(no of days spent in US) criteria, you have to file as NR. thats it. otherwise it will be "false" tax return and IRS can you SCREW big time. As NR have to pay more taxes than "resident" returns.
 
JoeF said:
COmplete BS. As a PR, you always have to file resident tax returns. Read IRS Publication 519 and stop giving false and dangerous "advice."
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Whats your problem?? ha, Do you read carefully what I said, or you just reply it mindlessly.
I said, Tax return doesn't care , if you have GC or NOT. If you want to file as "resident", then you have to qualify for "resident" criteria of tax return.(Minimum stay in US and other). And if somebody claims as "resident" just because he has GC but not fits in "minimum stay" criteria, then that is "false" tax return from IRS point of view.
 
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Moderators will take action once they are pissed off completely with JoeF. I think TheRealCanadian is pissed off but wait for all moderators to get convinced fully and then they are likely to take action. Until then ignore this guy.

I wish this board goes back to discussing immigration issues like before.
 
qwertyisback said:
Whats your problem?? ha, Do you read carefully what I said, or just reply it mindlessly.
I said, Tax return doesn't care , if you have GC or NOT. If you want to file as "resident", then you have to qualify for "resident" criteria of tax return.(Minimum stay in US). And if somebody claims as "resident" just because he has GC but not fits in "minimum stay" criteria, then that is "false" tax return from IRS point of view.
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There are two tests for non-citizen to be a resident or not for tax purpose

One is green card test

and the other is sufficient present test.

We PRs use green card test

See the document here




http://www.irs.gov/pub/irs-pdf/i1040nr.pdf
 
AmericanWannabe said:
There are two tests for non-citizen to be a resident or not for tax purpose

One is green card test

and the other is sufficient present test.

We PRs use green card test

See the document here




http://www.irs.gov/pub/irs-pdf/i1040nr.pdf
Click to expand...



I was not posting way off , Read my quotes
If you don't fit into "resident"(no of days spent in US and other) criteria, you have to file as NR.

Technically its correct statement.

And that doesn't give somebody right for personal attacks on me.

Moderator, you deleted my posts, regarding protest on my personal attacks, Thats fine for now. But everybody has got so much quota of tolerance, Act in some reasonable time. Thats it.
 
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qwertyisback said:
Moderator, you deleted my posts, regarding protest on my personal attacks, Thats fine for now. But everybody has got so much quota of tolerance, Act in some reasonable time. Thats it.
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I've deleted 2 of your posts and 4 of Joef's. You've deleted some of yours on your own, after JoeF responded.

I don't want any fights here.
 
JoeF said:
Finally! Why do you have to provoke fights??? I have told you this right from the start. All you needed was to look it up. But instead, you continued to post your wrong information, thereby provoking me.
I call BS when I see it...
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Just mind your business, and don't start with me again. I have seen and handled worse than you. OK.
 
JoeF said:
I've seen that. Using vulgar and childish language...
The result was that you got banned twice...
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Its lay-man like you care about ban, I don't give a damn to ban or anything like that.
 
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