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-   -   Tax Questions (https://britishexpats.com/forum/usa-57/tax-questions-65347/)

Andy Feb 14th 2002 1:25 pm

Tax Questions
 
I've been in the US for more than 3 years now. First on F1 and then on
H1. Any suggestions on whether I should file as a resident this year ?

What are the advantages/disadvantages in doing so ?

Thanks

Newyorker Feb 14th 2002 2:05 pm

Re: Tax Questions
 
If I remember right, you have to file as resident after 180 days of H1B status. I
think you get to pay more, no advantage.

"Andy"
    > I've been in the US for more than 3 years now. First on F1 and then on
    > H1. Any suggestions on whether I should file as a resident this year ?
    >
    > What are the advantages/disadvantages in doing so ?
    >
    > Thanks

James Donovan Feb 14th 2002 10:46 pm

Re: Tax Questions
 
[email protected] (Andy) wrote in message
news:<[email protected] com>...
    > I've been in the US for more than 3 years now. First on F1 and then on
    > H1. Any suggestions on whether I should file as a resident this year ?

Yes you have to file as a resident. View the IRS's "tax guide for aliens". The
following is taken verbatim from IRS website:

Q: I am a foreign national and last year I changed my type of visa from F-1 student
to H-1 work visa. Does my visa status change how I file my tax return or what
forms I use?

R: It depends on whether or not you qualify as a resident alien. As a foreign
national temporarily in the U.S. and now under an H-1 visa, you must file Form
1040NR (PDF), U.S. Nonresident Alien Income Tax Return and Form 8843 (PDF),
Statement for Exempt Individuals and Individuals with a Medical Condition (if you
do not meet the substantial presence test). In order to file a Form 1040,
Individual Tax Return, you must meet the substantial presence test. Please refer
to Publication 519 (PDF), U.S. Tax Guide for Aliens, for a discussion of the
Substantial Presence Test.

http://www.irs.gov/pub/irs-pdf/p519.pdf - IRS Tax guide for aliens


    > What are the advantages/disadvantages in doing so ?

No advantage. As a matter of fact, since you are off F-1 status and now on H-1 you
have to end up paying Social Security. This was exempt for you on F status, but now
since you are on H status you have to pay.


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