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foxqqq
Mar 30, 2009, 01:35 AM
Me:
Chinese National
2007 all year: F1
Jan 1, 2008 - Sep 30, 2008 F1/OPT
Oct 1, 2008 - Dec 31, 2008 H1B

Can I file dual-status, to get $5000 tax treaty in 1040NR, and get the recovery rebate credit in 1040?

If this is possible, should I file 1040NR and extension for 1040 first, then file 1040 after 183 days substantial presence test is met?

All these have been driving me crazy. Any advise is appreciated.

foxqqq
Mar 30, 2009, 01:36 AM
BTW I am single.

MukatA
Mar 30, 2009, 11:59 AM
You can file nonresident tax return for 2008. You will not get recovery rebate.

You can also file dual status after you complete SPT in 2009. I am not sure if you will get recovery rebate. You may.

foxqqq
Mar 30, 2009, 08:42 PM
I went through instruction for 1040NR again, under restriction for dual-status taxpayer, it says... you cannot take... the recovery rebate credit...

So the answer to my question is No.