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Taxes for terminated H1B work

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  • Taxes for terminated H1B work

    I worked for H1B visa for 5 month in USA in 2014, but terminated work contract and left USA. I have W2 form. Please help me to get next questions answered:
    1) Do I qualify to pay taxes as a foreigner or as a resident?

    2) I’m married and have children (they are foreigners). They were NOT in USA with me for all those months. If I can pay as a resident, can I file as a married filing jointly? Can I report my family members as dependents?

    3) Should I file using some forms or could I use a software instead of a form? Which one?

    4) Should I pay federal tax only or state tax is to be paid too? How to calculate and pay state tax(MD)?

  • #2
    1) Because you do not meet the substantial presence test, or the green card test, you are not a US resident for tax purposes. Because you did not meet the substantial presence test or the green card test the following tax year, you may not elect to file as if you were a US resident under the "first year" rule. Because you were not married to a US resident, you can not file jointly and elect to be treated as a US resident.

    2) Non-resident aliens can not file jointly as a married couple.

    3) You would file form 1040NR or 1040NR-EZ. I do not know which tax preparation software handles non-resident returns.

    4) If you earned income taxable by a state, you will have to file a state tax return. After all, you may be entitled to a tax refund, but you wouldn't know it without completing the tax return.
    Last edited by inadmissible; 06-13-2015, 03:07 PM.

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