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View Full Version : Dual Status or Resident Alien?


indian_L1guy
Mar 24, 2010, 10:42 PM
Hello,

I was working in USA on L1B visa from May 2008 till August 2009 in Texas. Since August 2009, I resigned from the company and started my higher education(Masters) from a university in California. I also changed my status from L1B to F1.
From August 2009 till now I haven't worked anywhere. Also I have paid university fees on my own, and have received 1098-T from the university.

I have few queries about my tax status:

a) What is my tax status? Is it Resident, Dual or Non-Resident? Last year I filed taxes for year 2008 as Resident Alien?

b) Also second related query is can I use 1098-T to get Lifetime or Tuition credit?

Thanks in advance!

indian_L1guy
Mar 25, 2010, 08:24 AM
Could anyone help me, please?

MukatA
Mar 25, 2010, 10:31 AM
You can file resident tax return and claim tuition and fee deduction or education credit.

indian_L1guy
Mar 25, 2010, 11:05 AM
Thanks MukatA for your reply! However I was on F1 status on last day of 2009. Can I still file as a resident?

indian_L1guy
Mar 25, 2010, 11:06 AM
Also this seems to be a bit complicated return... Could you suggest someone who can help me with filing this?

MukatA
Mar 25, 2010, 08:18 PM
You have already completed SPT on L1 so you are resident for full year. http://taxipay.blogspot.com/2008/04/substantial-presence-test.html
Also, you are not temporarily in the US on F-1, so your days on F-1 are not exempt. Even during F-1, you are resident.