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Tax related querry with AOS
- Thread starter skusa
- Start date
TheRealCanadian
Volunteer Moderator
Originally posted by skusa
In the 1040-NREZ form, what to choose for- "have you applied for adjustment of status?" and if yes then which supporting documents to give, I-485 receipt?
Yes, but the big question is why are you filing as an NR? You should get larger deductions filing as a resident. If you've been in the US for more than 180 days last year you have no choice unless you were F-1 or J-1 or some special case.
You can be considered US Resident for tax purposes and fill out regular 1040 (or 1040EZ or 1040A) if you meet two tests:
- green card test or
- substantial presence test
The substantial presence test consists of two requirements:
- >31 days in US for 2003 tax year plus
- >183 days combined for the proceeding tax years (count all days in 2003 + 1/3 of days previous year + 1/6 of days in a proceeding year)
If you do not meet green card or substantial presence test - you have to fill out 1040NR form. This form does not allow many deductions and credits available for US residents.
For more information check out IRS Publication 519. - there are special rules for spouses.
H&R Block Tax professional (part-time)
EB-12 (OR)
RD: 03-19-2003
ND: 04-02-2003
- green card test or
- substantial presence test
The substantial presence test consists of two requirements:
- >31 days in US for 2003 tax year plus
- >183 days combined for the proceeding tax years (count all days in 2003 + 1/3 of days previous year + 1/6 of days in a proceeding year)
If you do not meet green card or substantial presence test - you have to fill out 1040NR form. This form does not allow many deductions and credits available for US residents.
For more information check out IRS Publication 519. - there are special rules for spouses.
H&R Block Tax professional (part-time)
EB-12 (OR)
RD: 03-19-2003
ND: 04-02-2003
Last edited by a moderator:
TheRealCanadian
Volunteer Moderator
Re: thanks
How about regular 1040? You appear to be a resident.
Originally posted by skusa
so now should I file 1040NR and not 1040NREZ?
pl advice
How about regular 1040? You appear to be a resident.
skusa,
You can amend your tax returns for the previous three years. There is a form - 1040X - which is used for amendments. Basically you prepare a new 1040 return for that particular year and then fill out 1040X - some sort of line-by-line comparison of the previously filed and new version of your return with a third column being the difference amount.
But first check if there is a financial advantage in doing that. IRS should refund all the money it owes to you plus interests. In the "Comments" section of 1040X write: "Qualified to be considered US Resident for tax purposes through the substantial presence test". You can attach a copy of your I-94 card to back you up on your claim of US presence.
Needless to say that IRS will never contact you if you fill out your tax forms not in the most beneficial way to you.
H&R Block Tax professional (part-time)
EB-12 (OR)
RD: 03-19-2003
ND: 04-02-2003
You can amend your tax returns for the previous three years. There is a form - 1040X - which is used for amendments. Basically you prepare a new 1040 return for that particular year and then fill out 1040X - some sort of line-by-line comparison of the previously filed and new version of your return with a third column being the difference amount.
But first check if there is a financial advantage in doing that. IRS should refund all the money it owes to you plus interests. In the "Comments" section of 1040X write: "Qualified to be considered US Resident for tax purposes through the substantial presence test". You can attach a copy of your I-94 card to back you up on your claim of US presence.
Needless to say that IRS will never contact you if you fill out your tax forms not in the most beneficial way to you.
H&R Block Tax professional (part-time)
EB-12 (OR)
RD: 03-19-2003
ND: 04-02-2003
SWaiting
what do you mean, you never qualified and IRS caught....? Hey, I have paid taxes and filled tax returns also. I donot understand what you say? My school tax people told me to fill 1040NREZ for the earlier yrs so I filled accordingly.
Thanks Gegemon,
I will check about what you said. so do I have to fill for all the previous yrs? I guess so now I can fill 1040 is that correct?
thanks for so much of help
shobhana
what do you mean, you never qualified and IRS caught....? Hey, I have paid taxes and filled tax returns also. I donot understand what you say? My school tax people told me to fill 1040NREZ for the earlier yrs so I filled accordingly.
Thanks Gegemon,
I will check about what you said. so do I have to fill for all the previous yrs? I guess so now I can fill 1040 is that correct?
thanks for so much of help
shobhana
Shobhana,
I never said that you should be caught.
I mentioned that you never qualified for it if you are on H1 and are living in US for more than 183 days in a Year. Your School teacher advised incorrectly. If IRS doesnt audit it(chances are less 1% as per national figures anyway), then you are fine, otherwise all you will have to do is an amendment. Its not a big deal at all. You filled what you perceived was right at that time.
If you get a RFE in 485 on later statges, 1040NR is not a cool thing then also. so just relax and file the correct form this time..
goodluck
I never said that you should be caught.
I mentioned that you never qualified for it if you are on H1 and are living in US for more than 183 days in a Year. Your School teacher advised incorrectly. If IRS doesnt audit it(chances are less 1% as per national figures anyway), then you are fine, otherwise all you will have to do is an amendment. Its not a big deal at all. You filled what you perceived was right at that time.
If you get a RFE in 485 on later statges, 1040NR is not a cool thing then also. so just relax and file the correct form this time..
goodluck
I think that IRS will never point out to you that you should use 1040 instead of 1040NR. You paid more money to IRS than you actually needed to - they don't mind that.
You are not obligated to change your previous year tax returns in your situation - just check if it will be beneficial to you - see if you can get more money of yours back from IRS. You have a legitimate claim.
You are not obligated to change your previous year tax returns in your situation - just check if it will be beneficial to you - see if you can get more money of yours back from IRS. You have a legitimate claim.
TheRealCanadian
Volunteer Moderator
Re: thanks a lot
J-1s, if memory serves me correctly, are ineligible to file 1040 as they are by definition non-residents. I believe F-1 falls in the same category. Either way, since your switch was in spring 2003 your past years look OK, but this year take the 1040 route.
BTW, when dealing with IRS you should not be afraid, unlike with INS. So long as you declare all your income, the worst that will happen is that they disallow a deduction or two and send you a bill for the difference. Once you start hiding stuff or getting cute it's a different world, but they get tons of errors each year and know a good-faith mistake from someone trying to pull a fast one.
Originally posted by skusa
I should make a point clear that till last yr when I filled tax returns I was on J1, changed to H1b only in spring 2003
J-1s, if memory serves me correctly, are ineligible to file 1040 as they are by definition non-residents. I believe F-1 falls in the same category. Either way, since your switch was in spring 2003 your past years look OK, but this year take the 1040 route.
BTW, when dealing with IRS you should not be afraid, unlike with INS. So long as you declare all your income, the worst that will happen is that they disallow a deduction or two and send you a bill for the difference. Once you start hiding stuff or getting cute it's a different world, but they get tons of errors each year and know a good-faith mistake from someone trying to pull a fast one.
canus_immi
Volunteer Moderator
Re: Q for The RealCanadian and Gogemon
All are same .. best is 1040.
Originally posted by skusa
Hi
Thanks for earlier replies and useful suggestions.
I calculated tax files using 1040, 1040A or 1040EZ and all are exactly same, so now am once again confused which one to pick up? can you please suggest me?
thanks
All are same .. best is 1040.
robocop104
Registered Users (C)
if you did change from non resident to resident in the spring of last year, then you have to file as a dual status tax filer. (your head ache just got bigger).
if you spent less than 180 days as a resident, you can file either as a dual status or as a non resident. if you spent more than 180 days, then you have to file as dual status.
bad news is that dual status does not allow the standard deduction to be taken.
but if you are from india, then the tax treaty allows you to take standard deduction anyways.
if you spent less than 180 days as a resident, you can file either as a dual status or as a non resident. if you spent more than 180 days, then you have to file as dual status.
bad news is that dual status does not allow the standard deduction to be taken.
but if you are from india, then the tax treaty allows you to take standard deduction anyways.
Re: Re: Q for The RealCanadian and Gogemon
You must be kidding !!
skusa - spend 29$ on TurboTax Deluxe(it includes the efile) or 19$ or Turbo tax basic. It will make life simple for you. It automatically finds the correct form for you... SO no more confusions...
You must be kidding !!
Originally posted by canus_immi
All are same .. best is 1040.
skusa - spend 29$ on TurboTax Deluxe(it includes the efile) or 19$ or Turbo tax basic. It will make life simple for you. It automatically finds the correct form for you... SO no more confusions...
There is not much to be confused.
1040EZ is for Taxable income less than 50000 and when you have no kids etc.. Its a 1 pg form and like the name suggests is easy to file.
1040 or 1040A depends on your deductions..
Like I mentioned earlier go to a TAX professional or buy turbo TAX. those 19 $ will take all these hassle out as it guides you step by step and automatically chooses the form. I have used it for 10 yrs now...
If you dont want to use professional help or any software, use 1040 form. That is the grand daddy of all forms. all 1040EZ or 1040A fillers can use 1040 form too. It just takes more time to fill and is more complicated...
goodluck...
1040EZ is for Taxable income less than 50000 and when you have no kids etc.. Its a 1 pg form and like the name suggests is easy to file.
1040 or 1040A depends on your deductions..
Like I mentioned earlier go to a TAX professional or buy turbo TAX. those 19 $ will take all these hassle out as it guides you step by step and automatically chooses the form. I have used it for 10 yrs now...
If you dont want to use professional help or any software, use 1040 form. That is the grand daddy of all forms. all 1040EZ or 1040A fillers can use 1040 form too. It just takes more time to fill and is more complicated...
goodluck...
Last edited by a moderator: