Which Tax Form To File
March 7th, 2010
Question: Tax Form - Which form to file 1040 or 1040NR-EZ?
Hi,
I'm confused about which tax form to file the 1040 or 1040NR-EZ. I took the substantial residency test and the program said I should file the 1040, but I was on F1-Visa on OPT. I've always filed the 1040NR-EZ, but some how the IRS is counting me as a resident for tax purposes. Very Confuse please help..Thanks
Answer: Read page 2 of the instructions for 1040-NR-EZ, "Substantial Presence Test."
http://www.irs.gov/pub/irs-pdf/i1040nre.pdf
Days present in the US as a student are not counted as days you were physically present in the US. Are you sure you let the "program" know you were a student?
Also see Publication 519 for more details
http://www.irs.gov/pub/irs-pdf/p519.pdf
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