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  • Tax filing , OPT to H1B

    Hey,
    I was on my OPT till sept 2013 and on my H1B from Oct 2013 onwards.
    I am looking to file my taxes for 2013 , which form should i be using the 1040 or the 1040NR ?

    Most of the forums i looked up say that , as I was on my H1B for less than 180 days for the year 2013 , i should be filing under the 1040NR .

    But my tax consultant tells me that -
    It is your status at the end of the year that counts and decides what form you should be using and is advising me on using the 1040 form.

    I am confused , please advise .

  • #2
    Your residential status will determine whether you are to file 1040 NR or 1040. There are two residency test: Green card test and Substantial presence test.
    Either of the two needs to be satisfied to use Form 1040. You meet the substantial presence test if you were physically present in the United States for at least:
    1. 31 days during 2013,
    2. 183 days during the period
    2013, 2012, and 2011 by using the following caln:
    (1*days resided in US in 2013+0.33*days resided in US in 2012 + 0.167*days resided in US in 2011)= Total considered days for calculating 183 days

    Also, you need to exclude your F1 days from calculation.

    Therefore, it appears that you will be filing 1040 NR

    What your tax consultant told is for determining filing status (ie,single, married, etc) and not which form needs to be filed.

    Please Note: Above is for general information purposes only and do not constitute legal, investment or other professional advice on any subject matter.


    Originally posted by arehman87 View Post
    Hey,
    I was on my OPT till sept 2013 and on my H1B from Oct 2013 onwards.
    I am looking to file my taxes for 2013 , which form should i be using the 1040 or the 1040NR ?

    Most of the forums i looked up say that , as I was on my H1B for less than 180 days for the year 2013 , i should be filing under the 1040NR .

    But my tax consultant tells me that -
    It is your status at the end of the year that counts and decides what form you should be using and is advising me on using the 1040 form.

    I am confused , please advise .

    Comment


    • #3
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      • #4
        Your message was posted as anonymous on Facebook wall- (April 1st)

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        • #5
          you have to file 1040NR-EZ which means non resident non dependent worker working for salary. you can go with 1040NR too but its more specific to non resident traders or business owners

          Comment


          • #6
            Can you claim the 6100 standard deduction in Such a case?

            Comment


            • #7
              It doesnt make a difference if you file 1040NR or 1040NR EZ.... Just dont file 1040 and you also eligible for the standard deduction of $6100 or itemized deduction(which ever is more)..

              Comment


              • #8
                what happens if we file 1040 ?

                Comment


                • #9
                  To be frank nothing happens.. According to IRS, based on Substantial Presence Test and Green Card Test, it is determined whether you need to file 1040NR or 1040 but even if you mistakenly file the wrong form, they wont come after you or your green card or H1B will be stopped or anything like that.. Just make sure you don't take American Opportunity Credit or Low Income Credit which is only eligible for GC or Citizens... All the best..

                  Comment


                  • #10
                    U can file 1040 .. Check irs

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