Hello all,

I have summarized my case below -

Jan 2005 (31 days) - F1/OPT

Feb 2005 through Dec 2005 - H1B

I filed taxes using the 1040EZ form, where I could "not" avail of the Indian tax treaty clause. The calculation for my taxable income was:

AGI - deduction for a person filing as "single".

Now,

1. Should I be able to avail of the Indian tax treaty clause, that I have used in my previous years of filing, in the 1040NR-EZ forms (from 2002 to 2004)

2. If yes, is there any way I could still do it, since I have already filed my federal tax using the 1040EZ form.

Any help would be appreciated.

Thank you.

Ashu.

Ashu:

No, if you file as a resident alien (Form 1040EZ), you can claim NO treaty exemption.

Thank you for a quick response.

Ashu

Glad to help!