View Full Version : Part f1, part h1b (2011) - 1040 or 1040nr or 1040nr-ez?
askme52
Feb 15, 2012, 02:47 PM
I was on:
- F1 till Sept 30th 2011
- H1b from Oct 1st 2011
Question:
- Which form should I fill, 1040 or 1040NR, 1040NR-EZ? (My preference being 1040NR-EZ)
- What deductions and treaty can I claim (Citizenship = India)?
AtlantaTaxExpert
Feb 15, 2012, 04:09 PM
What is your marital status: MARRIED or SINGLE?
askme52
Feb 17, 2012, 03:43 PM
Single
askme52
Feb 17, 2012, 03:46 PM
Also, if 1040NR-EZ, can I get the 5800 Indian Tax treaty deduction (Asked since my status in Dec 31st 2011 was H1B)
AtlantaTaxExpert
Feb 17, 2012, 04:38 PM
Yes on standard deduction question.
Unless you incurred unreimbursed moving expense, file the simpler Form 1040NR-EZ.
deva8088
Feb 18, 2012, 11:11 PM
Hi Atlanta Tax Expert,
Firstly, thanks a lot for guiding several of us rookies on this subject.
I had a similar situation. I was on F1 until Nov 11,2011 and on an H1-B after that. On my W2 forms, I have some social security tax and medicare tax that have been deducted from my paycheck ever since my status changed to H1-B. So I guess my question is, will I get a refund of the entire social and medicare taxes that I have paid, since it doesn't apply to NR. Do I need to fill in a separate form for it?
Separately, I received bank interest for the year 2011. Is there a way I can include that in the 1040NR-EZ or will I need to fill 1040 NR?
Thanks!
AtlantaTaxExpert
Feb 18, 2012, 11:36 PM
The date your H-1B visa became effective is the date you become liable for FICA taxes, even if you file as a non-resident alien. Nice try, though.
You need to claim the interest earned AFTER the H01B became effective, so file Form 1040NR.
askme52
Feb 21, 2012, 10:24 AM
You mentioned I should fill "1040NR-EZ" with - "India -- 21(2) Claim Std Ded". I was using an online software.
- How much amount can I dedu for 21(2) --- 5800 or the state tax amount??
- The software deducts only "state Tax which is in 200 (less) if I fill as H1B on Dec 31st" and "5800 if I fill as F1 as of Dec 31st"
- So as I am H1b since Oct 2011, I am not saving lot of money.
- Is the software correct?? i.e I can deduct only 200 and not 5800??
- If so then is there a way to fill 1040 and save more money?
Thanks
AtlantaTaxExpert
Feb 21, 2012, 02:35 PM
The federal standard deduction for 2011 is $5,800; that is what you should claim.
To claim the interest, you MUST use Form 1040NR. But if it LESS than $10, then do NOT report it, as it is NOT required.
As noted below, your FICA tax liability starts the date your H-1B visa became effective