Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Taxes (https://www.askmehelpdesk.com/forumdisplay.php?f=320)
-   -   Standard deduction of 5800 (21(2) ) on H1B? (https://www.askmehelpdesk.com/showthread.php?t=641762)

  • Mar 7, 2012, 01:43 PM
    askme52
    Standard deduction of 5800 (21(2) ) on H1B?
    I changed my status from F1 to H1B, Oct 1st 2011. "Single" status, filling 1040NR-EZ

    - Will I be able to use standard deduction of 5800 (21(2) )?

    Others have told me that I cannot use the above if now on H1B. Can use it only on F1?
  • Mar 7, 2012, 01:51 PM
    askme52
    1 Attachment(s)
    Do I need to add the India Tax treaty (21(2)) in the J.1 section (1040NR-EZ) as shown in the Attachent.

    Also, is this deduction same as federal standard deduction

    - A. Of what country or countries were you a citizen or national during the tax year? India, rght?
    - B. In what country did you claim residence for tax purposes during the tax year? United States, rght?
  • Mar 7, 2012, 02:04 PM
    askme52
    I found this from another forum... 2008 though... is this still accurate?

    Have F1 as well as H1-B income in the same year, you will get personal exemption, itemized deductions, and treaty deduction for F1 income only.


    My F1 income is more than $7000. My itemized deduction would only be state tax i.e less than 300
  • Mar 7, 2012, 02:46 PM
    askme52
    Also, I am not supposed to fill the 8843 rght, since I am on H1b?
  • Mar 14, 2012, 01:18 PM
    AtlantaTaxExpert
    You Do need to submit Form 8843 one last time.

    And you are claiming INDIA for your residence for tax purposes.

    Everything else is okay.
  • Mar 31, 2012, 01:13 PM
    uf_grad
    I am in the same situation as above... I am filing form 1040 NR EZ... I am not sure where do I put in $5800 amount on the form... I claimed the US India tax treaty exemption last year too as F1... I heard it cannot be claimed this year... Also do I claim the $ 3700 personal exemption... Thanks.
  • Apr 1, 2012, 05:51 PM
    AtlantaTaxExpert
    If you are on F-1 for ANY part of 2011 as an Indian national, you CAN claim the $5,800 standard deduction.

  • All times are GMT -7. The time now is 02:58 PM.