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-   -   J1 alien with house in US; can/should I file as resident for tax purposes? (https://www.askmehelpdesk.com/showthread.php?t=299147)

  • Jan 4, 2009, 07:09 PM
    wilbur1979
    J1 alien with house in US; can/should I file as resident for tax purposes?
    Dear all,

    I came to USA as an international PhD student in September 2006. This year, though, I bought a house here in the US, on which I am currently paying mortgage interest, etc.

    I understand that I cannot deduct this against my tax unless I file as a resident for tax purposes. In 2006 and 2007, I filed as a non-resident, and know that I can keep doing so for another three years before the substantial presence test applies. Can I, though, choose to file as a resident before this, - i.e. in 2008. And, in short, should I: i.e. is it likely to be financially more advantageous for me?

    In case it affects your advice:
    My US taxable income is only $25k
    I have negligible non-US income
    I intend to stay in the US for at least another three years
    I am based in NJ

    Finally, would declaring as a resident now help in any significant way in any future bid for a green card?

    Thanks in advance for any help you can offer!

    Happy New Year,

    Wilbur
  • Jan 4, 2009, 11:48 PM
    MukatA

    If you are on F1 visa, you will file non-resident tax return and form 8843. On the non-resident tax return you will get exemption $3500, deduction as per tax treaty and itemized deductions. You can take mortgage interest deduction on schedule A.
  • Jan 7, 2009, 01:09 AM
    AtlantaTaxExpert
    Sorry, this time MukatA is NOT correct.

    If you file as a non-resident alien, then mortgage interest and property taxes are NOT deductible.

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