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pear_lee
2002年8月来美的F1,今年是按resident报税吗?
1417
9
2007-02-15 13:54:00
for tax year 2006:
1, single
1.1 came to the USA on F visa
1.1.1 came to the USA before 2002/1/1: resident for whole 2006,
regardless of current visa.
1.1.2 came to the USA on or after 2002/1/1
1.1.2.1 still on F visa (F1/F2/CPT/OPT) on 2006/12/1: non-
resident
for whole 2006
1.1.2.2 changed to H/B visa before 2006/7/3: dual status, F
period
NR, other period R
1.1.2.3 changed to H/B visa between 2006/7/3 and 2006/12/1 (
inclusive): non-resident for whole year 2006. or, dual status if you use
first year choice, which has no benefit for singles. **** see 2.5 below if
you
are married ****
1.2 came to the USA on J visa
1.2.1 came to the USA before 2005/1/1: resident for whole 2006,
regardless of current visa.
1.2.2 came to the USA on or after 2005/1/1
1.2.2.1 still on J visa: non-resident for whole 2006
1.2.2.2 changed to H/B visa before 2006/7/3: dual status, J
period
NR, other period R
1.1.2.3 changed to H/B visa between 2006/7/3 and 2006/12/1: non-
resident for whole year 2006. or, dual status if you use first year choice,
which has no benefit for singles. **** see 2.5 below if you are married ****
1.3 came to the USA on H or B visa (simplified, see pub 519 for detail)
1.3.1 came to the USA before 2006/7/3: resident
1.3.2 came to the USA after 2006/12/1: non-resident
1.3.2 came to the USA between 2006/7/3 and 2006/12/1 inclusive: non-
resident, or resident using first year choice, which has no benefit for
singles **** see 2.5 below if you are married ****
2 married: for each person, use the above method to check whether non-
resident
for whole year 2006.
2.1 both are NR for 2006: file as NR, must file as married separately
and
no dependent, even if the dependent is america-born child.
2.2 both residents: file as residents, typically married jointly is
better
. can claim dependents
2.3 one is resident: can file married jointly as residents
2.4 one is dual status: can file married jointly as residents
2.5 one can use first year choice: file extension first, then use first
year choice and file married jointly as residents.
3 visiting parents/relatives: use 1.3 to determine resident or non
to be able to claim them as dependents, the person filing tax must be
resident, the parent(s) must be resident, and they meet the other
requirements
listed on 1040 instructions.
1, single
1.1 came to the USA on F visa
1.1.1 came to the USA before 2002/1/1: resident for whole 2006,
regardless of current visa.
1.1.2 came to the USA on or after 2002/1/1
1.1.2.1 still on F visa (F1/F2/CPT/OPT) on 2006/12/1: non-
resident
for whole 2006
1.1.2.2 changed to H/B visa before 2006/7/3: dual status, F
period
NR, other period R
1.1.2.3 changed to H/B visa between 2006/7/3 and 2006/12/1 (
inclusive): non-resident for whole year 2006. or, dual status if you use
first year choice, which has no benefit for singles. **** see 2.5 below if
you
are married ****
1.2 came to the USA on J visa
1.2.1 came to the USA before 2005/1/1: resident for whole 2006,
regardless of current visa.
1.2.2 came to the USA on or after 2005/1/1
1.2.2.1 still on J visa: non-resident for whole 2006
1.2.2.2 changed to H/B visa before 2006/7/3: dual status, J
period
NR, other period R
1.1.2.3 changed to H/B visa between 2006/7/3 and 2006/12/1: non-
resident for whole year 2006. or, dual status if you use first year choice,
which has no benefit for singles. **** see 2.5 below if you are married ****
1.3 came to the USA on H or B visa (simplified, see pub 519 for detail)
1.3.1 came to the USA before 2006/7/3: resident
1.3.2 came to the USA after 2006/12/1: non-resident
1.3.2 came to the USA between 2006/7/3 and 2006/12/1 inclusive: non-
resident, or resident using first year choice, which has no benefit for
singles **** see 2.5 below if you are married ****
2 married: for each person, use the above method to check whether non-
resident
for whole year 2006.
2.1 both are NR for 2006: file as NR, must file as married separately
and
no dependent, even if the dependent is america-born child.
2.2 both residents: file as residents, typically married jointly is
better
. can claim dependents
2.3 one is resident: can file married jointly as residents
2.4 one is dual status: can file married jointly as residents
2.5 one can use first year choice: file extension first, then use first
year choice and file married jointly as residents.
3 visiting parents/relatives: use 1.3 to determine resident or non
to be able to claim them as dependents, the person filing tax must be
resident, the parent(s) must be resident, and they meet the other
requirements
listed on 1040 instructions.
so the answer is no
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