IRS Tax Form 1040EZ or 1040NR?
Q.I have a question. I came to US on B-1 visa in Jan'93 and changed my status to H-1 from Aug'93. I was just wondering which is the easiest way to file tax return in such a case. Do I need to file both I have a question. I came to US on B-1 visa in Jan'93 and changed my status to H-1 from Aug'93. I was just wondering which is the easiest way to file tax return in such a case. Do I need to file both Irs tax form 1040NR and 1040EZ to show my status as B-1 and H-1 both, or can I just forget about the Jan-July'93 period of B-1 and which form should I be using for my taxable income period of Aug-Dec. The other question I have is regarding having any problems during green-card process, for the B-1 duration, if the tax-return for that period was not filed. Does anyone has any good/bad experiences from INS/IRS for the dual status in an year? The third question I have is: who qualifies for Non-Resident Alien. Persons on B-1/F-1/J-1 visas or can a person on H-1 also qualifies for Non-Resident alien?1040NR and 1040EZ to show my status as B-1 and H-1 both, or can I just forget about the Jan-July'93 period of B-1 and which form should I be using for my taxable income period of Aug-Dec. The other question I have is regarding having any problems during green-card process, for the B-1 duration, if the tax-return for that period was not filed. Does anyone has any good/bad experiences from INS/IRS for the dual status in an year? The third question I have is: who qualifies for Non-Resident Alien. Persons on B-1/F-1/J-1 visas or can a person on H-1 also qualifies for Non-Resident alien?
A.You would file 1040 NR because to file EZ - 1) You would have to be a permanent resident or a citizen OR 2) Pass the substantial presence test, which requires (in your case) to be on an H-1 (in the general case on a non-student, non-visitor status) for at least 180 days in the tax year. You can file EZ. Since you have been in this country for 180 days in a calendar year, you will qualify as a resident alien for the purpose of taxation. If you file 1040EZ and pay taxes for the income you earned on H-1 visa, you will be fine. All of them are non-resident visas. Yes you qualify as a non-resident alien if you have H-1 visa. But for taxation purposes, your residence in this country for 180 days qualifies you to file as a resident alien.
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