I change from F1 (OPT) to H1B during 2018 and I'm not sure if I'm qualify for resident in 2018.
I was on F1 from 2015/8 to 2018/6/30 and I stayed in US most of the time from 2015/8/ tile 2018. My H1b started on 2018/7/1. According to SPT, I'm 3 days short from 186 days in 2018. Should I file as non-resident or resident?
Also, in the first half of 2018, I was exempt from Medicare and Social Security tax (OPT status) but after changing to H1B, my company start taking those taxes out of my paycheck. Do I need to specify those changes on my tax return 2018?
However, from what I have been told, TurboTax is not particularly helpful with Dual Status returns, and does not ask you about any of the possible elections. So you may consider a tax professional this year that is experienced with Nonresident Aliens.
If you did not any other income than your OPT and the H-1B from Jul 2018, it may be simpler to just male the first year choice to be treated as a resident for the whole year. advantage ---- you can file using TurboTax and get all the benefits available to a citizen/resident / resident for tax purposes; disadvantage -- you may have to pay FICA for the whole year and the possibility that your OPT employer is not going to pay his half of the FICA for the Jan thru June portion ( so that is essentially a 15.3 % hit on that portion of the income).
To do a dual status filing ( while TurboTax does not walk you through this you can do it yourself with some perseverance ( and possibly loss hair by pulling the same ). In this case you prepare your normal 1040 return using Turbo Tax, print sign, date and then include a downloaded and filled out 1040-NR ( fillable .pdf format ) and hand write on top of the 1040 " Dual Status Alien". You may need help if you proceed with this path and one of us should be able to guide you through the process.
On the other hand , with a little money and professional help you may be able to get this done easily and without any worries.
Anything else we can help you with ?
Can you please clarify whether FICA will be owed in case of a 6013(h) election?
It seems some responses in this thread claim that yes and others no.
I'm in a similar situation where I was on a j-1 visa (AT, somewhat similar to OPT, is exempt from paying FICA) and switched to a green card mid October (not exempt obviously).
I'm unsure whether choosing this election will only effect me in my federal and state taxes, or also force me to pay FICA.
I have a similar situation where I was on OPT until March, 2019 and changed to H-1B after. Is it possible/legal to avoid the complication of dual status filing and file as a resident? And in that case, would standard deductions apply?
@tamrim You can only file as a resident in 2019 if you are married and make an election to file jointly. The election is not available if you are single.
Please see pages 7-9 in Publication 519.
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Hello guys, I know I am late for filing my taxes, sorry for the bad example. I have a question. Last year in October I received my H1B visa approval, I went from OPT to H1B. That was 90 days before the end of the year. Now I need to file my taxes but I am not sure if I should do that under my F1 OPT status or under my H1B status. Have any of you faced this before?
Also if I do this under OPT, should I count all the year? , Same for H1B if I have to do that?
@Garridolecca , absent any additional information ( like when did you enter the USA with F-1, which country are you from etc. ), I cannot properly answer the question.
I would suspect that you are still a Non-Resident Alien and therefore have to file using form 1040-NR ( not supported by TurboTax ).
Please answer questions asked so I can answer with certainty as to how to file and what options are there for you ( depending on your plans for 2020 ).