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    kar_the_terrible's Avatar
    kar_the_terrible Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Oct 2, 2007, 02:58 PM
    1040NR or 1040
    I'm doing a little pre-emptive tax research, mostly precipitated due to my switching jobs on an H1B.

    I've been in the US since 2002, on F1 and then transferred to an H1B during 2006, and would have been on an H1B visa throughout the 2007 calendar year. I believe I file as a resident (1040/1040-EZ) for the 2007 returns?

    Also, I'm footing part of the bill for my INS and legal fees for the visa transfer to the new job. These are deductible expenses right? (Employee business expenses?)

    Am I allowed to decide between the standard deduction and the itemized deduction while on an H1-B visa? Also if I itemize, am I still eligible for the personal exemption?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Oct 3, 2007, 11:22 AM
    Yes, you file as a resident.

    Yes, the expenses are deductible.

    You choose the HIGHER deduction, i.e. if your itemized deductions are higher than $5,300 (the standard deduction for 2007), then you claim the itemized deductions.

    Otherwise, you choose the standard deduction.
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