Tax experts,

I read a similar post submitted last year, but my situation is slightly more complicated.

1. on F1 since 2002
2. Status changed to H1 on Feb 1 2006 (was on OPT part of 2005 and Jan 2006)
3. Indian resident

granted, I'll be filing as a resident alien.

My issue- Can I claim the standard deduction granted to indian students ($5150 for 2006)? No I did not make $5150 in Jan 2006 (I wish I did!!)

I'm pretty sure I cant claim the whole deduction, but can I claim anything at all. If yes, how much?

Thanks

I just read another similar post which actually confuses me even more.

http://www.askmehelpdesk.com/taxes/f1-h1-just-5-days-f1-19298.html

Though a Form 8843 is technically required, in their mind, requiring a Form 8843 for five days is simply not worth the trouble. The IRS has bigger issues to deal with than requiring you to account for five days.


I have a month to account for. Do I need to file as a dual resident?? (which I would hate to do)
but If so, again, what would be my standard deductions?

Yes, you MUST file as a dual-status alien UNLESS you are married.

Yes, as an Indian citizen, you can claim the standard deduction, which is $5,150.

Thanks for replying.
I read pub 519 last night.
I can file for the first year choice right? Can I qualify for this?
Yes, I can show being a resident alien for 2007 (in a couple of days I will)

So if I file as a dual status resident, how does my w2 get split?
Thanks again

I'm still single ...

On a dual-status return, all the taxes are calculated and paid on the Form 1040. The money earned while under F-1 is reported on Form 1040NR.