Hi,
I am an Indian Citizen in US on OPT(F1 Visa). I am Single with no dependents.
I was wondering which Form do I need to file - 1040 or 1040NR.

I am having around $30000 wage income and $100 taxable interest income to report. So I was thinking of filing 1040NR but I would like to add tuition fees($1500) I paid for the Spring(Jan) 2005 semester as education expenses.
Can I show tuition fees in 1040NR or do I need to file 1040 to include my tuition fees.

Also, is it allowed for an F1 guy to file 1040 Form?
If I am filing 1040, do I still need to file Form 8843 ?

Any advice is appreciated.

Thanks,

Sam

AtlantaTaxExpert

Sam:

If you were on a F-1 visa for the entire year of 2005, you must file Form 1040NR, which means you cannot claim tuition fees on the Education Credit.

coolbye680

ATE,
Thanks for your advice.

It looks like I filed a wrong Form last year. I was on F1 for the whole of 2004 but filed 1040 instead of 1040 NR(was having interest income to report).

What can I do now? Can I refile 1040NR for 2004?

Please advice.

Thanks,

Sam

AtlantaTaxExpert

Sam:

You are supposed to file Form 1040NR.

However, due to your Indian citizenship, it makes little, if any, difference in the amount of taxes you paid.

Go ahead and file the Form 1040NR. If the IRS questions the 2004 return, you can amend it to revert back to 1040NR with no additional tax.