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dinkar443
Mar 4, 2006, 05:32 PM
Hello,
I was on OPT and switched to H1-B starting Oct 1. I understand that I have to file 1040NR. I was using CINTAX to calculate my taxes. Here are some things that I am confused about:

1) It states that IRS will not let me claim any tax treaty benefits - is that correct?

2) I received 1099-DIV which mention ordinary dividends, qualified dividends and capital gains. I also received 1099-B where there were losses. CINTAX calculates "Tax on income not effectively connected with a U.S. trade or business on page 4". On page 4 it taxes dividends at 25%,capital gains at 30% and does no account for losses. Is that correct?

Should this be reported in items 10 and 14?

Thanks,
Dinkar

AtlantaTaxExpert
Mar 4, 2006, 10:06 PM
1) No. If enough income was earned in F-1 status, you can claim the treaty exemption.

2) Line 10 and 14 is where I would put the dividends and capital gains.

dinkar443
Mar 5, 2006, 08:16 AM
Thanks! Just another small query: Do I have to attach a copy of 1099B with the return?

AtlantaTaxExpert
Mar 5, 2006, 09:51 AM
No, that is not necessary.