Hi
My name is Karthik Nagarajan and I purchased Glacier tax prep to file my tax return for 2011. I was on F1 visa until Nov. 20, 2011 ( CPT from Jan.1, 2011 to May 30, 2011, F1 from June 1 to Aug 30, OPT from Aug 31 to Nov.20)
My visa status was changed to H1B on Nov.21. My immigration status as of Dec.31, 2011 was H1B.

My question is: Can I claim a standard deduction of $5800 for the tax year 2011 ? I read the publication 519 and it says that I can claim standard deductions since I was a student (F1) in 2011.

But GLACIER tax prep does not take it into consideration and just takes my state taxes (about $1400) as Itemized deductions. Please let me know if I can claim the standard deduction. Is CINTAX creating an error or am I wrong ?
Thanks in advance
Karthik Nagarajan

You were non-resident (assuming it's your fifth year or before) in 2011. Most non-residents don't have a standard deduction, but people from India do (I'm assuming you're Indian?). Maybe you didn't indicate in CINTAX correctly that you're a citizen of India? I don't know. I have never used that software.

Assuming you ARE from India, you CAN claim the standard deduction under Article 21 of the U.S.-India Tax Treaty.

If you are married, you can file jointly with your wife, which would be more advantageous tax-wise.

Thanks for your comments.I am from India so I understand that I can claim the standard deduction of $5800.
Just FYI, I emailed Glacier tax prep (CINTAX) and they said that the filing in their software is based on the immigration status at the end of the year. Since I was on H1B status on Dec 31, the software did not allow me to use the standard deduction for 2011. So it's a software glitch and I have to file taxes outside.

Hey Karthik,

I came across the exact similar situation where the CINTAX did not use 5800 but just applied the state tax withheld in deduction. I was on OPT for 9 months and H1b since October, can you let me know if you used any other website to complete the 1040 NR-EZ form ?

I am assuming that being on F-1 OPT for 9 months and H-1B on 3 months still qualifies for Non-Resident Alien tax filing using 1040 NR-EZ and one can apply the 5800 deduction.

Any one please let me know.

Thanks.

Like I said, you CAN claim the standard deduxtion if you spend the bulk of the year on F-1 visa status.