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Posted by removeps-groups@yahoo.com on May 18, 2008, 10:26 pm
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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.
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Posted by parrisbraeside@yahoo.ca on May 19, 2008, 10:32 am
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On May 18, 10:26 pm, "removeps-gro...@yahoo.com" <removeps-
gro...@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
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<< ------------------------------------------------------- >>
<< 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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Posted by Mark Bole on May 19, 2008, 11:07 am
Please log in for more thread options parrisbraeside@yahoo.ca wrote:
> On May 18, 10:26 pm, "removeps-gro...@yahoo.com" <removeps-
> gro...@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. >>
<< ------------------------------------------------------- >>
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Posted by parrisbraeside@yahoo.ca on May 20, 2008, 7:29 am
Please log in for more thread options > > 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. >>
<< ------------------------------------------------------- >>
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Posted by removeps-groups@yahoo.com on May 20, 2008, 6:29 pm
Please log in for more thread options On May 20, 4:29 am, "parrisbraes...@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.
--
<< ------------------------------------------------------- >>
<< 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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