Small Tax Question as Resident

V

vandeluca

Registered Users (C)
I have read a big no-no about filing the NR tax form. But, my question is this:
1.How would it work if one was physically present say in 2008 (but not yet applied for residence-only taxed due to presence b/c was in US on B2)-That year would be a NR correct?

2. IF one applied for a GC in Feb 2009 and received it later that year, does that mean that THAT is the year to make sure you DO NOT FILE the NR form? In other words,, file the regular tax forms b/c even though the residency did not come in till later in the year, you applied..correct??


thanks just want to double check my accountant stuff..
 
Answers:'

1. Unless you are filing taxes for 2008, which would be unwise, your spouse could have claimed you as a NR for 2008.

2. The tax year runs from Jan 1st, - Dec 31st of each year, the moment you became a green card holder, you cannot file as a NR. So, in the tax year of 2009, in filing in April 2010, you were NOT suppose to file as a NR.

Did you file as a NR for 2009 tax year even though you were a green card holder?
 
No..I am a citizen and husband is GC holder.

I made extensions for both of us due Oct 15...so I just want to be clear that for sure HE files as a RESIDENT for 2009...and NOT THE NR.

I filed for 2008 for myself, but he did not yet (but he was not a resident but he was here..so technically it is worldwide). He did pay already to his home country and will owe nothing here really..but I think for that year he would still file NR..He will be doing that this week...

Also why do you say it is unwise to file for 2008? He technically is under the worldwide tax b/c he spent most of the year here on a b2... Just curious...tx
 
vandeluca said:
I filed for 2008 for myself, but he did not yet (but he was not a resident but he was here..so technically it is worldwide). He did pay already to his home country and will owe nothing here really..but I think for that year he would still file NR..He will be doing that this week... Also why do you say it is unwise to file for 2008? He technically is under the worldwide tax b/c he spent most of the year here on a b2... Just curious...tx
Click to expand...

If he was in the US for >183 days he met SPT and should probably file as a resident in 2008.
 
Hmm,...Ok thanks for the opinion. I will ask accountant but want to make sure it will tie in with all immigration stuff that way. DOn't want later hassle if can be avoided.
 
LOL my eyes started to glaze over. I will print it out thanks. But really it seems he was a resident in the US. I just don't want a problem with USCIS at some point so almost easeir to just to the resident way for the 2008. But, this is what I Am paying the acct for right?
 
vandeluca said:
But really it seems he was a resident in the US. I just don't want a problem with USCIS at some point so almost easeir to just to the resident way for the 2008. But, this is what I Am paying the acct for right?
Click to expand...

There certainly are no USCIS issues from filing as a resident.
 
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