Ask Experts Questions for FREE Help !
Ask
    tax_anuj's Avatar
    tax_anuj Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 25, 2009, 06:04 PM
    Form 1040NR Vs 1040 for indian Student on F1/OPT
    I am an Indian Student.
    During 2008, I was on F1 status and worked from July 08 to Dec 08 on OPT.
    Is there any way I can choose to file 1040 (for resident aliens) instead of 1040NR (for non resident aliens).
    The reason I am asking this is because I want to claim the following:
    1. Married filing jointly status. - Non resident aliens can not use this status as per IRS web site.
    2. Education credit for tution fees that I paid for my spouse (she too is on F1 status in USA). - Non resident aliens can not claim education credit.

    Please let me know if there is any way around to get above deductions.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 25, 2009, 07:41 PM

    No, both of you must file separate returns as nonresidents.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Tax return form - 1040 / 1040EZ / 1040NR / 1040NR EZ ? [ 2 Answers ]

Hi, I was on L1-visa in Saint Paul, MN, US for a short period of about 50 days (from Feb 9 to Mar 28, 2008). Rest of the year I was in Bangalore, India. I have received W2 for 2008. It shows Marital Status as "SINGLE" though I am married long time ago. My spouse and son did not come to US for...

Wrong filing! H1-B File Form 1040 instead of Form 1040NR [ 1 Answers ]

Hi there, Here is my situation: my OPT started from May 2006-May 2007. My H1-B started from Oct. 2007. I hired a CPA to file the tax for me in 2006 and 2007 w/ the form 1040. I just talked to my friend and she said in my situation I should file form 1040NR instead. So what should I do now? ...

F-1 student for > 5 years - 1040nr or 1040? [ 2 Answers ]

Hi everyone, I came to the US in sep 2002 and just started my OPT this January. I wanted to find out which tax form should I be using this year, 1040NR or 1040. If I can file as a resident alient i.e. 1040, do I still need to file 8843 with the IRS? Thanks in advance!

Wrong Tax form filed by f-1 student. Filed 1040 instead of 1040NR. [ 1 Answers ]

Hello, I am in a dilemma and I will really appreciate your help. I am a student/f-1 visa holder (non-resident alien). Last week I used an online website (File my taxes for FREE! with FreeTaxUSA) to file tax returns and realized that the website used Form 1040, and PA-40 - 2007 (for...

F-1 Student with Mortgage 1040NR or 1040? [ 3 Answers ]

Hi, I'm a student (F-1) from central america last year I got a mortgage (Home) and I'm paying interest, I did the calc using a tax software. If I fill the 1040 I get a return of about $1600, but if I fill the 1040NR I got only $200!! I always have used form 1040NR and I was wondering if I can use...

View more questions Search