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H1B taxation difficulties
I am a UK citizen on an H1B visa, employed as a researcher at a US university. Because I am exempt from tax under the terms of a tax treaty, I did not think I had to complete a tax return; I've only just become aware that I am in fact still required to complete a tax return.
While I may currently be a resident alien for tax purposes because of the length of time I've been here (as of today, 239 days in 2008 and 68 days in 2007) I believe that I was actually a non-resident alien for tax purposes at the time I should have filed the tax return (106 days up to April 15 and 68 days in 2007). I would be extremely grateful for advice on any/ all of the following (see below).
Many thanks.
My Questions:
1. Do I now file the 2007 tax return as non-resident?
2. Do I fill in 1040NR or 1040NR-EZ?
3. Do I need to fill in the form 8843?
4. Do I need to renew the tax treaty form/ fill in a new 8233 form for 2008 (Exemption From Withholding on Compensation for Independent [and Certain Dependent] Personal Services of a Nonresident Alien Individual)
(my current 8233 was filled in at the end of 2007).
5. (I live in Georgia) - with regard to the Georgia 500 form, would it be acceptable for me to fill in the short individual income tax return (Georgia form 500 EZ) as opposed to the longer form (Georgia 500 form)?
6. Are there any other forms I have to complete in addition to the above?
7. Despite claiming tax treaty benefits, I did in fact receive a W-2 – is this a problem?
While I may currently be a resident alien for tax purposes because of the length of time I've been here (as of today, 239 days in 2008 and 68 days in 2007) I believe that I was actually a non-resident alien for tax purposes at the time I should have filed the tax return (106 days up to April 15 and 68 days in 2007). I would be extremely grateful for advice on any/ all of the following (see below).
Many thanks.
My Questions:
1. Do I now file the 2007 tax return as non-resident?
2. Do I fill in 1040NR or 1040NR-EZ?
3. Do I need to fill in the form 8843?
4. Do I need to renew the tax treaty form/ fill in a new 8233 form for 2008 (Exemption From Withholding on Compensation for Independent [and Certain Dependent] Personal Services of a Nonresident Alien Individual)
(my current 8233 was filled in at the end of 2007).
5. (I live in Georgia) - with regard to the Georgia 500 form, would it be acceptable for me to fill in the short individual income tax return (Georgia form 500 EZ) as opposed to the longer form (Georgia 500 form)?
6. Are there any other forms I have to complete in addition to the above?
7. Despite claiming tax treaty benefits, I did in fact receive a W-2 – is this a problem?
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