Hi! I need help! I've been reading Publications and Form Instructions but am getting more confused by the day.

Firstly, this is my current tax situation.

Sept 1, 2004 to Aug 2, 2005: F-1 Student
Aug 2, 2005 to Aug 2, 2006: F-1/OPT with a non-profit
Aug 2, 2006 to present: H1-B with a non-profit (138 days present in the US in 2006)
Dec 16, 2006 to Jan 5, 2007 I flew back to Malaysia for a vacation

I do not meet the substantial presence test to be considered a resident alien. So, are my choices the Form 1040NR and 1040NR-EZ?

I have also received two additional forms: Form 1099-INT and Form 1099-G (Do these forms disqualify me from the 1040NR-EZ?)

The 1099-INT is for $257 for interests on my savings in ING Orange Savings Account and a 6-month CD since Sept 2006. I read something about how Non-resident aliens are not taxed for certain interest on deposits in US institutions. If it is exempted, can I still file 1040NR-EZ? Or do I have to file 1040NR and is the US$257 is taxed at a 30% flat rate?

The Form 1099-G is from the Californian FTB. I received a refund of $114 for Tax Year 2005. Is this a taxable refund? Can I still file the 1040NR-EZ?

Thanks for your help! Hope to hear from you soon. Cheers!

File Form 1040NR-EZ.

The ING Orange Saving Account interest is considered bank interest and, for you, is NOT taxable.

The Form 1099-G is also not taxable unless you filed Form 1040NR in 2005 and claimed state taxes as a itemized deduction. If that is the case, then you will need to file Form 1040NR instead of Form 1040NR-EZ.

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Originally Posted by AtlantaTaxExpert

File Form 1040NR-EZ.

The ING Orange Saving Account interest is considered bank interest and, for you, is NOT taxable.

The Form 1099-G is also not taxable unless you filed Form 1040NR in 2005 and claimed state taxes as a itemized deduction. If that is the case, then you will need to file Form 1040NR instead of Form 1040NR-EZ.

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Hi AtlantaTaxExpert!

Thanks for your response. Another follow-up question though.

I filed 1040NR-EZ for 2005. My state taxes was included on line 11, under "Itemized Deduction" and used in the worksheet to calculate my itemized deduction. Therefore, is the $114 from my 1099-G still not taxable? Do I have to report it somewhere on the 1040NR-EZ (which line) even if it is not taxable?

About the 1099-INT, it's tax exempt. Where do I put the figures in the 1040NR-EZ? Should it be on line 3's dotted line or nowhere on the form at all?

THANKS!! :confused:

The $114 on the Form 1099-G IS taxable to you.

To report it, you need to file Form 1040NR, not Form 1040NR-EZ.

It's tax-exempt; do not put it ANYWHERE.