H1B Taxes And Opt Taxes..please Help

[suryachakri]

Guys Last year in 2011 from Jan 1 2011 to sept 30 2011 I was on OPT and from Oct 1st 2011 to Dec 31st on H1..so when I am filing the taxes would there be any difference.I mean from past 2 years I am filing my taxes through Turbo Tax as I was on OPT so as now I am on H1 can I use Turbo tax or any other on software to file my taxes?

[evadigolavadide]

antiki Turbo tax.

[Power Star]

Turbo Tax lo file cheyykandi if u r in F1. Please go through the below links.......


[img]https://mail.google.com/mail/images/cleardot.gif[/img]
[url="http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html"]http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html[/url]

[img]https://mail.google.com/mail/images/cleardot.gif[/img]
[url="http://www.visataxes.com/form1040nrez_home.php"]http://www.visataxes.com/form1040nrez_home.php[/url]

[Power Star]

we have to fill 1040 NR EZ.. if u fill in turbo tax it will fill 1040 EZ or 1040 Form which is for residents.

[pp0107]

[color=#000000][font=sans-serif][size=3]The classification is determined based on the "substantial presence test": If the substantial presence test indicates that the H-1B visa holder is a resident, then income taxation is like any other U.S. person and may be filed using [/size][/font][/color][url="http://en.wikipedia.org/wiki/Form_1040"]Form 1040[/url][color=#000000][font=sans-serif][size=3] and the necessary schedules; otherwise, the visa-holder must file as a non-resident alien using tax form 1040NR or 1040NR-EZ; he or she may claim benefit from [/size][/font][/color][url="http://en.wikipedia.org/wiki/Tax_treaty"]tax treaties[/url][color=#000000][font=sans-serif][size=3] if they exist between the United States and the visa holder's country of citizenship.[/size][/font][/color]

[b][i][color=#000000][font=sans-serif][size=3]Substantial presence test: [/size][/font][/color][/i][/b]

[color=#000000][font=arial, verdana, sans-serif][size=3]You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:[/size][/font][/color][list]
[*]31 days during the current year, and
[*]183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
[list]
[*]All the days you were present in the current year, and
[*]1/3 of the days you were present in the first year before the current year, and
[*]1/6 of the days you were present in the second year before the current year.
[/list]
[/list]

-- from wikipedia.

So as long as the visa holder is in the US for atleast 31 days this year or 180 days in the last 3 yrs, he can file 1040 form as turbo tax does.
No issues.

[rapchik]

[img]http://i51.tinypic.com/28h1v5s.jpg[/img]

[Power Star]

aa visataxes link lo mottam correct ga chaduvu nuvvu cheppindi correct e as long as nuvvu 5 years student ga vundaali or h1 lo vunte correct other wise u have to fill 1040 NR or 1040 NR EZ................. teliyakapothe tax consultant ni kannukkoo



[b] Exempt Individual[/b]

Do not count days for which you are an exempt individual. The term "exempt individual " does not refer to someone exempt from U.S. tax, but to anyone in the following categories who is exempt from counting days of presence in the U.S.:[list]
[*]An individual temporarily present in the United States as a [url="http://www.irs.gov/businesses/small/international/article/0,,id=96316,00.html"]foreign government-related individual[/url]
[*]A [url="http://www.irs.gov/businesses/small/international/article/0,,id=96320,00.html"]teacher or trainee[/url] temporarily present in the United States under a "J " or "Q " visa, who substantially complies with the requirements of the visa
[*]A [url="http://www.irs.gov/businesses/small/international/article/0,,id=96344,00.html"]student[/url] temporarily present in the United States under an "F, " "J, " "M, " or "Q " visa, who substantially complies with the requirements of the visa
[*]A [url="http://www.irs.gov/businesses/small/international/article/0,,id=96348,00.html"]professional athlete[/url] temporarily in the United States to compete in a charitable sports event
[/list]