Hello ATE,

Looking at the information below can you please advise me if I should file as a R/NR, what forms I should use (1040, 1040NR, 1040NR-EZ, 8843), the deductions that I can apply and what options are the best for filing.

Citizenship - India
F1 (Bachelors) - 25/DEC/1999 to 06/MAY/2002
OPT - 12/JUL/2002 to 11/JUL/2003

F1 (Masters) - 22/SEP/2003 to 31/MAR/2005
Wages from 01/JAN/2005 to 31/MAR/2005 = $3,000 (State - FL)
OPT - 11/APR/2005 to 10/APR/2006

H1B (Approval Date) - 14/JUL/2005 to 10/JUN/2008
Wages from 14/JUL/2005 - 31/DEC/2005 = $12,900
Vacation 09/DEC/2005 - 02/JAN/2006

My employer is based in AZ and I am working in IN. So do I have to file taxes for both the states. On the W2 form income tax is withheld for the State of AZ. Also can I show deductions for the tution fee paid from JAN 2005 -MAR 2005.

Appreciate all your help.

Thank you

FS

AtlantaTaxExpert

FS:

You are a resident alien; the exemption under the F-1 visa lasts for only five years, so it expired n 31 Dec 2003. You should have paid Social Security and Medicare taxes for all of 2005.

You can claim the Education Credit/Deduction (whichever is most advantageous).

You should not be paying AZ taxes if you do not work in AZ. You will have to file a tax return to claim the withheld taxes, but you should contact your company's HR department and stop the withholding.

You do need to pay Indiana taxes, however.

StrongBad

Thanks for the quick response.

So It means that I can file using Form 1040EZ..rite

AtlantaTaxExpert

Yes, if you are single or married with NO children and you basically have only W-2 income plus interest income less than $1,500.