• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

Diversity Visa: Confusion regarding tax status - Resident/Non resident and Adjustment of Status

D

darkelf

Registered Users (C)
Hi Guys,
I just got my green card a couple of days back and I was rather confused about filing taxes for calendar year 2012. I was on an F1 visa up to and including September 30. I then switched to an H1B till now. If I hadn't got the green card, things would be fairly simple in that I would still be considered a non-resident because I don't satisfy the substantial presence test for 2012. However, now that I have the green card, do I satisfy the green card test and do I count myself as a resident for the *last* year when I file taxes? Is this something that I can do retroactively?
 
Well, I am afraid not, mainly due to R Vs NR test (for tax purposes) you need to do as of the year's end.

But if you make a 'mistake' in selecting the status, then sure they do allow for retroactively amending for that mistake with 1040x with a valid justification.

http://www.irs.gov/instructions/i1040x/ch01.html#d0e246

Resident and nonresident aliens. Use Form 1040X to amend Form 1040NR or Form 1040NR-EZ. Also, use Form 1040X if you should have filed Form 1040, 1040A, or 1040EZ instead of Form 1040NR or 1040NR-EZ, or vice versa. To amend Form 1040NR or 1040NR-EZ, or to file the correct return, do the following:Enter your name, address, and social security number (SSN) or IRS individual taxpayer identification number (ITIN) on the front of Form 1040X.
  • Do not enter any other information on page 1. Also, do not complete Parts I or II on page 2 of Form 1040X.
  • Enter in Part III the reason why you are filing Form 1040X.
  • Complete a new or corrected return (Form 1040, Form 1040NR, etc.).
  • Across the top of the new or corrected return, write “Amended.”
  • Attach the new or corrected return to the back of Form 1040X.
Can you say the reason that you now have a GC and a valid SS# and you want retroactively claim 'resident'??
I am afraid not, but hey, what do I know?....may be just ask one of those 'liberty statues' waving at you by the roadside these days!! (seriously)

Best!
 
Last edited by a moderator:
If, as of the end of 2012, you haven't been an F1 student for six years, you are NR for tax purposes regarding your 2012 return. If 2012 has been your sixth year of being F1, you do the SP test. At any rate your green card does not really effect your 2012 return. You might want to ask a tax pro about your I-485 application fee though, whether you can show it as expenses this year or next year.
 
You must log in or register to reply here.
Top