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  #4  
Old 05-21-2008, 01:33 AM
Mark Bole
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Default Re: stimulus check for non-residents filing

removeps-groups[at]yahoo.com wrote:
- quote -

> On May 20, 4:29 am, "parrisbraes...[at]yahoo.ca"
> <parrisbraes...[at]yahoo.ca> > A US Citizen or a Greencard holder, by treaty, is always considered
> > resident of the US, no matter where they live. So must file a 1040 or
> > equivalent.

> But H1-B and TN visa holders may also file a 1040.



No, not if they are non-resident aliens, for example shortly after
arriving and before meeting the substantial presence test. There is an
option sometimes to file as a dual-status alien in that period and get
around the 1040NR requirement that way, but I'm not yet clear on the
details.

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 05-20-2008, 10:29 PM
removeps-groups@yahoo.com
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Posts: n/a
Default Re: stimulus check for non-residents filing

On May 20, 4:29*am, "parrisbraes...[at]yahoo.ca"
<parrisbraes...[at]yahoo.ca
- quote -

> A US Citizen or a Greencard holder, by treaty, is always considered
> resident of the US, no matter where they live. So must file a 1040 or
> equivalent.


But H1-B and TN visa holders may also file a 1040.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 05-20-2008, 11:29 AM
parrisbraeside@yahoo.ca
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Default Re: stimulus check for non-residents filing

On May 19, 11:07 am, Mark Bole <ma...[at]pacbell.net> wrote:
- quote -

> > They are considered resident as they filed a 1040, not a 1040NR
> Shouldn't that be the other way around? They should only file a 1040 if
> they are considered a resident, namely the substantial presence test. A
> Form 1040 could be filed in error and not caught, but that does not make
> someone a resident.
> -Mark Bole



A US Citizen or a Greencard holder, by treaty, is always considered
resident of the US, no matter where they live. So must file a 1040 or
equivalent.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 05-19-2008, 03:07 PM
Mark Bole
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Posts: n/a
Default Re: stimulus check for non-residents filing

parrisbraeside[at]yahoo.ca wrote:
- quote -

> On May 18, 10:26 pm, "removeps-gro...[at]yahoo.com" <removeps-
> gro...[at]yahoo.com> wrote:
> > Do non-residents who file a 1040 (such as people on H1-B or TN visas)
> > and who have a social security number qualify for the stimulus check?
> > The text says that any nonresident alien individual does not qualify
> > (e)(3)(A). But the 1040 form does not ask you for your resident
> > status. Not sure if this question was asked in this newsgroup
> > before. Thanks.

> They are considered resident as they filed a 1040, not a 1040NR


Shouldn't that be the other way around? They should only file a 1040 if
they are considered a resident, namely the substantial presence test. A
Form 1040 could be filed in error and not caught, but that does not make
someone a resident.

-Mark Bole

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 05-19-2008, 02:32 PM
parrisbraeside@yahoo.ca
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Posts: n/a
Default Re: stimulus check for non-residents filing

On May 18, 10:26 pm, "removeps-gro...[at]yahoo.com" <removeps-
gro...[at]yahoo.com> wrote:
- quote -

> Do non-residents who file a 1040 (such as people on H1-B or TN visas)
> and who have a social security number qualify for the stimulus check?
> The text says that any nonresident alien individual does not qualify
> (e)(3)(A). But the 1040 form does not ask you for your resident
> status. Not sure if this question was asked in this newsgroup
> before. Thanks.


They are considered resident as they filed a 1040, not a 1040NR

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 05-19-2008, 02:26 AM
removeps-groups@yahoo.com
Guest
 
Posts: n/a
Default stimulus check for non-residents filing

Do non-residents who file a 1040 (such as people on H1-B or TN visas)
and who have a social security number qualify for the stimulus check?
The text says that any nonresident alien individual does not qualify
(e)(3)(A). But the 1040 form does not ask you for your resident
status. Not sure if this question was asked in this newsgroup
before. Thanks.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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check, filing, nonresidents, stimulus
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