should I file 1040 or 1040NR

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vishwasrao

Mar 2, 2009, 03:50 PM

Hello,
I am on F1 status since August 2004..... I have been filing 1040NR-EZ for last 4 years.... But one of my friends told me that I can file 1040 after 3 years. So is it okay to file 1040 instead of 1040NR-EZ or 1040NR?

MukatA

Mar 2, 2009, 05:44 PM

On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843.

On your F1 income you will get deduction based on tax treaty between the U.S. and your country.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents (http://taxipay.blogspot.com/2008/03/us-tax-filing-requirements-for-non.html)

vishwasrao

Mar 2, 2009, 06:22 PM

MukatA,

Thank you very much for clarification.... I thought exempt from residency is for 3 years.

-vishwas

MukatA

Mar 3, 2009, 12:21 AM

Read IRS Publication 519: Tax for Aliens