Hi,

My details:


1)I am on H1B, my spouse is on H4 , no children.
2)we both landed in the US on oct-2006, homeland is India
3)My employer deducted social and medical taxes for oct/nov/dec


Now the doubts:
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1)Should I file 1040NR or 1040NR-EZ? It seems there is nothing like married and jointly filing for non-resident alien case like mine? Because in that case spouse will become a dependent I guess. I think because my homeland is India, I will get personal exception for my spouse too...

2)If I opt to go for the firstyearchoice by filing the extension will I get back the social and medical taxes , as they were deducted when my status was a non-resident alien?

3)If I don't opt to go for the firstyearchoice and file as non-resident alien then I am thinking I should get back the social and medical taxes back. If so let me check that with my employer if he can directly give me back the deductions or else I have to file a separate form-843.

4)Will I be able to claim the Standard Deduction($5000) for myself if I file as a non-resident alien? I do know that SD for spouse is not allowed in non-resident alien case.

If I don't get back my social/medical taxes for 2) but if I will get back my social/medical taxes for 3) then it seems it makes more sense for me to go for 3?




I appreciate your help.

Standard Deduction

Nonresident aliens cannot claim the standard deduction. However, students and business apprentices from India may be eligible to claim the standard deduction under Article 21 of the U.S.A.-India Income Tax Treaty. Refer to Publication 519, U.S. Tax Guide for Aliens and to Revenue Procedure 93-20 for more information
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I am not a student from India. I am not sure if I am a business apprentice.

I used to work in India before oct-2006 and I am directly doing a job here.

That means I won't be eligible for the Standard Deduction for myself too? ( $5000 )

Not sure what this jargon of business apprentice means in the books of IRS!

OK, I think I got the answer for Qs-2. I won't get back the social/medical taxes if I choose to opt for firstyearchoice.


So my qs is what all deductions and personal exclusions I can get (I am not a student from India... not sure if I am a business apprentice) if I chose not to opt for firstyearchoice and go with non-resident alien status. Also which form to file... 1040NR or 1040NR-EZ?

We have been communicating by email, in which I have answered your questions.

Thanks ATE

Glad to help!