I have been on f1 status since 2003, and in oct 2008 changed to a h1 status. After reading the regulations, I am not too sure of my status for tax filing and for 2008 (non-resident, resident or dual ) and what exceptions I could claim accordingly.

Any help will be appreciated.

Thank you for your time.

I am sorry, that was ' what deductions can I claim'.

Your exemption as a F-1 student expired on 31 December 2007, so you will file as a resident alien for 2008.

If you paid tuition in 2008, you can claim either the tuition deduction on Form 1040 or the Lifetime Learning Credit for that tuition.

You will also be able to claim the $5,450 standard deduction.

So that translates to forms 1040 and 1040A?


Thanks again.

Quote:

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Originally Posted by AtlantaTaxExpert

Your exemption as a F-1 student expired on 31 December 2007, so you will file as a resident alien for 2008.

If you paid tuition in 2008, you can claim either the tuition deduction on Form 1040 or the Lifetime Learning Credit for that tuition.

You will also be able to claim the $5,450 standard deduction.

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Yes, that is correct.

But you don't fulfill the SPT in 2008 (from Oct - Dec), (since days on F1 are exempt from SPT) - then how could you file as resident?

Day on F1 are exempt up to five calendar years. rara5's F1 exempt status ended as of 12/31/07. So, 1040 would be the correct form.

Follow up question:

In addition to the Std Deduction the software includes a exemption of 3500.. is that applicable in my case?

Also, is there a need to provide a receipt or some documentation for proof of tution credit?
(besides form 8917)


Thanks!

Yes; the $3,500 is your personal exemption, which you get whether you file as a resident (Form 1040) or non-resident (Form 1040NR) alien.

Not with the return. However, if the IRS challenges the deduction/credit, you will be expected to provide proof that you paid the tuition as claimed.