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smileyv
Feb 8, 2009, 10:57 PM
Hi,

I was on OPT from June 2007 to September 30, 2008, and on H1B since October 1, 2008.
I got a question about Credit for Qualified Retirement Savings Contributions.

It says a full-time student cannot claim this credit.
Form 8880 defines a full-time student as follows:
You were a student if during any part of 5 calendar months of
2008 you:
1)Were enrolled as a full-time student at a school, or
2) Took a full-time, on-farm training course given by a school or
A state, county, or local government agency.
A school includes technical, trade, and mechanical schools. It
Does not include on-the-job training courses, correspondence
Schools, or schools offering courses only through the Internet.

Is OPT considered to be 2) and considered to be full-time student?

Thanks

AtlantaTaxExpert
Feb 23, 2009, 02:16 PM
For visa purposes, your OPT period is considered to be time as an international student.

However, if you did not ACTUALLY attend classes during 2008, for purposes of the Retirement Savings Credit, you were NOT a student.