h*****0
发帖数: 162 | 1 RT, F1->H1 on Oct 1, 2011, as F-1 for less than 5 years, should I file as
Non-resident or resident? I did not get the "first-year choice" part. Thanks
a lot! | f*******n
发帖数: 12623 | 2 As I understand, you were non-resident, because you were on H-1 less than
183 days during the year. But you have the choice to file as dual-status (
first-year choice) since you were on H-1 the last 31 days. | O*****e
发帖数: 359 | 3 same case:
F1: before 5/31/2011
F1/OPT : 5/31/2011- 9/31/2011
H1 : 10/1/2011 till now
Non-Resident? thanks | h*****0
发帖数: 162 | 4 Thanks, fakeshawn! May I know is there any benefit to file as dual-status?
married (the other one is F-1 for less than 5 years), but no kid, no house..
. Thank you! | t********t
发帖数: 5415 | | s********y
发帖数: 161 | 6 同样的情况。我的理解，不足之处还请高人指点。
request extention form 4868到12年6月后file，12年过了183天.然后11年10月h1b生
效后的日子就是resident了，11年就是dual status了. 不过不知道dual status有什么
好处...
有这么一条,貌似必须spouse也得是resident才能按resident联合报税。
Choosing Resident Alien Status
If you are a dual-status alien, you can choose to be treated as a U.S.
resident for the entire year if all of the following apply.
You were a nonresident alien at the beginning of the year.
You are a resident alien or U.S. citizen at the end of the year.
You are married to a U.S. citizen or resident alien at the end of the
year.
Your spouse joins you in making the choice.
另外，按resident 联合报就不能享受f1 tax treaty 5000了吧。
Nonresident Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S.
citizen or a resident alien and the other spouse is a nonresident alien, you
can choose to treat the nonresident spouse as a U.S. resident. This
includes situations in which one spouse is a nonresident alien at the
beginning of the tax year, but a resident alien at the end of the year, and
the other spouse is a nonresident alien at the end of the year.
If you make this choice, you and your spouse are treated for income tax
purposes as residents for your entire tax year. Neither you nor your spouse
can claim under any tax treaty not to be a U.S. resident. | s********y
发帖数: 161 | 7 自己回答下吧。
file 4868 extension.
6月之后, 选择first year choice和Nonresident Spouse Treated as a Resident，可
以夫妻联合报税。
这样两个人都不能用F1 5000 treaty,所以州税会多10000的额度，多交几百的州税。联
邦税也不能用treaty了，但由于按resident联合报税，有每个人5800的standard
deduction。同时一方工作收入高，一方学生收入低，联合报的话学生方可以拉低税款
。总体上会少交几千的联邦税。 | s********y
发帖数: 161 | | s********y
发帖数: 161 | 9 更正下，看了看精华区里的帖子，应该是双方都可以用tax treaty. | t********t
发帖数: 5415 | 10 JHQ那个是10年前了，不知道相关的tax code是不是有所变化？ |
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