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Viky

HELP...Income Tax Return - question

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Filed: AOS (apr) Country: Romania
Timeline
Posted

Hello everyone,

I have a question related to the Income Tax Return. I came to USA with a K1 Visa in 2006. I got my Green Card (conditional) in October 2006.

I worked all year long in 2007 and of course I paid all the taxes. Now it is time to file for taxes. Me and my american husband filled it jointly. We got all the documents (W-2's and everything) and we sent them to the accountant. I just found out today that he said we have to pay a lot (almost $4,000) in taxes because I am a non-resident. My question is: AM I A RESIDENT OR NOT? From my point of view I am definitely a resident because I have a Green Card. The other stupid thing is that my earnings during 2007 are around $9,000 with taxes so how is it hard to belive that I have to pay half back :o .

Does anyone has any experience with this?

THANKS.

Filed: AOS (apr) Country: Philippines
Timeline
Posted

YOU NEED A NEW ACCOUNTANT!!!!

Ask him to look up the resident alien test(s) to determine your status.. You need to satisfy the requirement of either test #1 or test #2.

Test #1) Greencard, if an alien at anytime has held a valid greencard they are a resident alien for tax purposes.. Test #2) Substantial presence - If you have lived in the USA for more than 183 days then you are considered a resident alien for tax purposes...

If you fail both of the above, a non-resident alien spouse can elect to be treated as a resident alien by special exception....

Based on your scenario of facts... You pass BOTH....

YMMV

Posted
YOU NEED A NEW ACCOUNTANT!!!!

Ask him to look up the resident alien test(s) to determine your status.. You need to satisfy the requirement of either test #1 or test #2.

Test #1) Greencard, if an alien at anytime has held a valid greencard they are a resident alien for tax purposes.. Test #2) Substantial presence - If you have lived in the USA for more than 183 days then you are considered a resident alien for tax purposes...

If you fail both of the above, a non-resident alien spouse can elect to be treated as a resident alien by special exception....

Based on your scenario of facts... You pass BOTH....

yes!!! or use turbotax (like someone said) your accountant is an idiot. NEVER use him again.

"The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. Government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies."

Senator Barack Obama
Senate Floor Speech on Public Debt
March 16, 2006



barack-cowboy-hat.jpg
90f.JPG

Posted

I would suggest you give TaxAct a look around. It is very simple and easy to use and like TurboTax eliminates the need to use a tax preparer.

My wife and I used TaxAct and filed State and FED earlier this month and already have had both returns direct deposited into our accounts.

Sofargone

10/20/04 I-129F Mailed to CSC

01/07/05 NOA2 Approval

05/24/05 K-1 Issued

7/07/05 AOS Mailed

8/18/05 Biometrics

10/05/05 EAD Approval

02/27/06 AOS Interview in Phoenix

02/27/06 AOS Approval after Interview.

01/15/08 I-751 Mailed to CSC

01/22/08 I-751 NOA Receipt

01/28/08 Biometrics Appt Letter

02/12/08 Biometrics Appt.

03/12/08 2nd Biometrics Appt (fingerprints no good on previous one)

03/27/08 10 yr Greencard Ordered Email Notice

 

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