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-   -   Dual status confusion (https://www.askmehelpdesk.com/showthread.php?t=491170)

  • Jul 23, 2010, 12:11 PM
    Nehabadani
    Dual status confusion
    I am currently on H1B visa and my wife is on H4. She is planning to start her education on H4 status and I would like to know if I can get any tax exemptions for the amount I spend on her tuition.

    If yes, do I get full amount (tuition) back or it is some percentage of the tuition.
  • Jul 23, 2010, 01:18 PM
    AtlantaTaxExpert
    You will file jointly with your wife and you BOTH will file a resident aliens. As resident alien, you can claim either the education deduction or one of the education credits.

    The credit can be as little as $1,000 or as much as $3,000.

    The tuition deduction is $4,000.
  • Jul 26, 2010, 11:42 AM
    Nehabadani
    Thanks for your response. I would also like to know that if my wife is on F1, student visa can I still ask for tax exemptions on her tuition fees.
  • Jul 26, 2010, 01:58 PM
    AtlantaTaxExpert
    Yes, because she will choose to be treated as a resident alien.

    This choice does NOT affect your FICA (Social Security and Medicare) tax exemption.

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