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-   -   Filing as resident or non resident? (https://www.askmehelpdesk.com/showthread.php?t=24587)

  • Apr 13, 2006, 10:38 PM
    manishaggr
    Filing as resident or non resident?
    Hello,

    I am a bit confused on what forms to use to file my taxes.

    I have been in US since August 2003. Till November 14, 2005, I was on F-1 visa and since then I am on H1B visa.

    I believe that I can use the First year choice and file as a resident in 2005, if I am resident in 2006. For that I would have to file for extension through form 4868.

    a) I would like to know which forms I need to file.
    b) Am I eligible to take the standard deduction of $5,000? (I am an Indian citizen)
    c) Am I eligible to take $2,000 tax credit for the tution fees paid for my MBA degree in 2005?

    If I could not file under the first year choice, how could I file my return? Will I need to use form 1040 NR in that case.

    Will I be eligible to get the standard deduction under form 1040 NR as I am an Indian citizen?

    I know I have asked a lot of questions but every bit of information will be helpful and appreciated.

    Thanks a lot in advance.
  • Apr 14, 2006, 05:23 PM
    AtlantaTaxExpert
    You must file Form 1040, filing under First Year Choice in June 2006, to claim a $5,00 standard deduction and your $2,000 tuition credit.

    You cannot claim the tuition credit if you file Form 1040NR.

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