Hi,

I am working on a L1 Visa in California, US. I came to US for the first time on 22nd August 2009 and stayed in US till 18th December 2009. Then I went back to India and came back on 1st February 2010. During this time my employment in US was continued.

Now I want to file tax return for year 2009 for IRS and State both.

As I have not passed the SPT for 2009. I am not sure if I have to fill either form 1040NR or 1040NR-EZ. I have gone through the IRS website and I can see I am passing all the criteria for 1040NR-EZ also I can not file it electronically.

Help me about ways of filing test

Thanks
Gagan

If you are not married, file nonresident tax return and claim moving expenses or travel expenses depending upon your assignment in U.S. is/was for a period of more than one year or less than one year.

If you are not married, file nonresident tax return and claim moving expenses or travel expenses depending upon your assignment in U.S. is/was for a period of more than one year or less than one year.

I am married but my wife is in India, she didn't travel along with me, also my assignment in US is for less than an year. Its from Aug 2009 to May 2010. Also have no moving expense or travel expenses.

Also what are the exemptions and deductions I can claim on my tax return for 2009 as my status is non resident alien and my home country is india.

If your assignment is for less than a year, you can deduct travel expenses, which include transportation, lodging and meals. Use Form 2106 or 2106-EZ to figure your allowable expenses that you claim on line 9 of Schedule A (Form 1040NR). Your U.S. Tax Return: Itemized Deductions (http://taxipay.blogspot.com/2008/05/itemized-deductions.html)

If your assignment is for less than a year, you can deduct travel expenses, which include transportation, lodging and meals. Use Form 2106 or 2106-EZ to figure your allowable expenses that you claim on line 9 of Schedule A (Form 1040NR). Your U.S. Tax Return: Itemized Deductions (http://taxipay.blogspot.com/2008/05/itemized-deductions.html)

But Isn't it better to take standard deduction of 5700$ instead of the itemized deduction because I didn't have any travel expense as I was living near by office. And also to take this itemized deduction Don't u need to show bills.

You are NOT eligible to claim the standard deduction if you file Form 1040NR by yourself.