lalalaolala
Jan 12, 2011, 06:51 PM
Hi,
My situation is a little complicated so I need some help for my 2011 tax filing.
I came to the States in 2005 on F1 visa and worked for 1 year (2009-2010) on OPT. Since July 2010, I am on another F1 visa for graduate school. I also bought a condo in April, 2010.
1)since I have been in the States for more than 5 years, I think I am considered a resident Alien starting 2011, so I am eligible for the $8000 tax return. I guess I should also file 1040.
2) I also have salaries (on OPT) from Jan 1st 2010 to April 2010, which should be also filed (with 1040)
3) I became a student from July 2010 to till and receive stipend (I don't work for the school, it is just a scholarship/stipend/fellowship)
4) Finally, even though I am a resident alien, I think there is a "saving clause" rule, which states that even after you become a resident alien, you can still get exemptions from your scholarship)
See: onresident Alien Who Becomes a Resident Alien
Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on income from a scholarship or fellowship grant. A student (including a trainee or business apprentice) or researcher who has become a resident alien for U.S. tax purposes may be able to claim benefits under a tax treaty that apply to reduce or eliminate U.S. tax on scholarship or fellowship grant income. Most treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for scholarship or fellowship grant income even after the recipient has otherwise become a U.S. resident alien for tax purposes. In this situation, the individual must give the withholding agent a Form W-9 (PDF) to claim his treaty exemption and an attachment that includes all the following information
Now if I understand correctly, I am a resident alien who is still eligible for tax exemptions, and the tax exemptions states that 1)students do not pay tax on schorlarships (or money that you didn't have to work for) 2)for the money that you worked for, first $5000 of it is tax free.
So the dreamy situations for me would be.
1) I get the $8000 tax credit because I am a resident alien.
2) I don't have to pay tax on the first $5000 of the money I got during OPT from Jan to April 2010 (I was employed and worked to get my salary)and pay tax for the rest of money that I made.
3) I don't have to pay any tax on the stipend I earned from my school from July 2010 till now, because it is a stipend that I didn't have to work for.
Am I just dreaming? How do I file tax for my situation?
Thanks.
My situation is a little complicated so I need some help for my 2011 tax filing.
I came to the States in 2005 on F1 visa and worked for 1 year (2009-2010) on OPT. Since July 2010, I am on another F1 visa for graduate school. I also bought a condo in April, 2010.
1)since I have been in the States for more than 5 years, I think I am considered a resident Alien starting 2011, so I am eligible for the $8000 tax return. I guess I should also file 1040.
2) I also have salaries (on OPT) from Jan 1st 2010 to April 2010, which should be also filed (with 1040)
3) I became a student from July 2010 to till and receive stipend (I don't work for the school, it is just a scholarship/stipend/fellowship)
4) Finally, even though I am a resident alien, I think there is a "saving clause" rule, which states that even after you become a resident alien, you can still get exemptions from your scholarship)
See: onresident Alien Who Becomes a Resident Alien
Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on income from a scholarship or fellowship grant. A student (including a trainee or business apprentice) or researcher who has become a resident alien for U.S. tax purposes may be able to claim benefits under a tax treaty that apply to reduce or eliminate U.S. tax on scholarship or fellowship grant income. Most treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for scholarship or fellowship grant income even after the recipient has otherwise become a U.S. resident alien for tax purposes. In this situation, the individual must give the withholding agent a Form W-9 (PDF) to claim his treaty exemption and an attachment that includes all the following information
Now if I understand correctly, I am a resident alien who is still eligible for tax exemptions, and the tax exemptions states that 1)students do not pay tax on schorlarships (or money that you didn't have to work for) 2)for the money that you worked for, first $5000 of it is tax free.
So the dreamy situations for me would be.
1) I get the $8000 tax credit because I am a resident alien.
2) I don't have to pay tax on the first $5000 of the money I got during OPT from Jan to April 2010 (I was employed and worked to get my salary)and pay tax for the rest of money that I made.
3) I don't have to pay any tax on the stipend I earned from my school from July 2010 till now, because it is a stipend that I didn't have to work for.
Am I just dreaming? How do I file tax for my situation?
Thanks.