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-   -   F1-opt-h1 (https://www.askmehelpdesk.com/showthread.php?t=23401)

  • Mar 25, 2006, 10:25 PM
    kirthi_pra
    F1-opt-h1
    Dear Atlanta Expert,
    I was a student from 2002 till January 2005, was on OPT from Jan 2005 - October 2005 and since then been on H1. I have a W2 from KS and one W2 from TX. So, which form should I be using. Also, can I use the tax treaty deduction?
    One thing more was if I use standard deduction, will I not be able to use decutions for charity?



    Thanks in advance.
    Kirthi
  • Mar 25, 2006, 11:50 PM
    AtlantaTaxExpert
    Kirthi:

    You file as a non-resident alien, filing Form 1040NR or 1040NR-EZ. You CAN claim the treaty exemption one last time for 205.

    If you use standard deduction, you cannot deduct charitable donations unless they, along with the other itemized deductions, exceeed $5,000.
  • Apr 1, 2006, 02:04 PM
    kirthi_pra
    Thanks a lot ATE, that was a lot helpful. I had one more question, do moving expenses count as itemized deductions too? If not can I use them along with the $5000 india treaty deduction?

    Thank you
  • Apr 1, 2006, 04:49 PM
    jkandas
    Atlanta tax expert,

    My situation is also same as the above except that I left to India on Dec 17,2005 and came back on Jan 14, 2005. Since then I worked in oPT and converted H1 on Oct 1, 2005.


    Did I understand it right as per the above case you have suggested to file 1040NR and claim all the above

    1. Personal exemption - $3200

    2. Tax treaty - $5000

    3. Standard or Itemized deduction.. whichever is greater...
    Also please advise as of the vacation that I took and entered US by Jan.

    Seriously need help with this! :(

    Thanks for your time..
  • Apr 1, 2006, 10:29 PM
    AtlantaTaxExpert
    Kirthi:

    File Form 3903 (Moving Expenses) with Form 1040NR. They are an adjustment to income, not itemized deductions, and can be claim in addition to the standard deduction.

    Jkandas:

    Everything you wrote is accurate. You need to report the dates you left and re-entered the U.S. on the Form 1040NR (Page 5) or Form 1040NR-EZ (page 2), but it does not in any way affect your filing status.

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