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View Full Version : Regarding Dual Status and Tax Forms...


dkb
Mar 25, 2006, 11:39 AM
Excellent forum guys! Appreciate all the hard work you guys are doing to help people. I was wondering if you could do me a favor by answering my queries too.

Nationality: Indian
Came to US: Aug 2003 (F-1 visa)
Trip to India: late Dec 2004 - early Feb 2005
Reentry to US: early Feb 2005 (same F-1 visa)
Started OPT: early May 2005
Started H1B: Jan 2006

I was wondering if I will be treated as a resident/non-resident alien or in dual status for 2005? Also, please advise which of the following forms do I need to file (including any exemptions... some Indo-US treaty for students)

1040/1040EZ
1040NR/NREZ
8843

Thanks again guys..

AtlantaTaxExpert
Mar 25, 2006, 11:27 PM
Non-resident alien; dual-status would not apply since the trip seems to be more of a vacation/visit rather than a permanent return.

Form 1040NR-EZ. You can claim $3,200 personal exemption and $5,000 standard deduction under Article 21(2).

Form 8843: Required of all non-resident aliens.

dkb
Mar 26, 2006, 07:30 AM
Thanks a bunch ATE! One more question...

I read some post on this forum regarding the india-us tax treaty and its relevance to ny/nj/ma.. etc. Can I claim these any of these exemptions from my state (KY) tax as well?

Thanks again...

AtlantaTaxExpert
Mar 26, 2006, 08:36 PM
No. The states (for the most part) treat non-resident aliens just like U.S. citizens.