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raj_ravikumar
Apr 11, 2013, 11:36 AM
Hi,
I am a non resident alien on OPT F1 visa until 30-SEP-2012 and on H1-B visa from 01-OCT-2012 onwards. I understand that I can claim standard deduction or there are certain itemized deductions that I can claim and out of these 2 I have specific questions about itemized deductions "travel expenses"

Can I deduct apartment rent, food, gas/car expenses, etc as part of travel expenses? Rationale behind this is my tax home is in india, and being on F1 on OPT which is limited to 1 year(which is a requirement to claim travel expenses), I am entitled to deduct these expenses from my income.

Can someone throw some light on this please?

MukatA
Apr 12, 2013, 01:52 AM
You can claim standard deduction only if you are eligible to file resident tax return.
On nonresident return you get only itemized deductions.

raj_ravikumar
Apr 12, 2013, 02:06 AM
I missed to mention that I was a student from India, so I can make use of the tax treaty to claim $5950 in standard deductions. But my question was regarding itemized deductions to maximize refund

AtlantaTaxExpert
Apr 12, 2013, 08:02 AM
The IRS does NOT consider your F-1 visa to be a temporary work assignment and would challenge your deduction of daily living expenses, so do NOT do it.

raj_ravikumar
Apr 12, 2013, 05:17 PM
Thank you very much . I also have another question.

I moved to California on May 23 2011. I have not filed the California tax returns for both 2011 tax year and 2012 tax year yet(I am due to get refunds on both tax years).

I lived in California for 6.25 months in F1 OPT status during 2011.
What would be my residency status for tax year 2011 to file CA tax returns.

I lived in California for the entire 2012 tax year out of which 9 months were on F1 OPT visa and 3 months on H1-B visa. So what would be my tax residency status for tax year 2012 to file CA tax returns.