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-   -   F1 to H1 . The delimma continues (https://www.askmehelpdesk.com/showthread.php?t=68815)

  • Mar 5, 2007, 12:35 AM
    lousyjack
    F1 to H1 . The delimma continues
    Tax experts,

    I read a similar post submitted last year, but my situation is slightly more complicated.

    1. on F1 since 2002
    2. Status changed to H1 on Feb 1 2006 (was on OPT part of 2005 and Jan 2006)
    3. Indian resident

    Granted, I'll be filing as a resident alien.

    My issue- Can I claim the standard deduction granted to indian students ($5150 for 2006)? No I did not make $5150 in Jan 2006 (I wish I did! )

    I'm pretty sure I can't claim the whole deduction, but can I claim anything at all. If yes, how much?

    Thanks
  • Mar 5, 2007, 01:18 AM
    lousyjack
    I just read another similar post which actually confuses me even more.

    https://www.askmehelpdesk.com/taxes/...-f1-19298.html

    Though a Form 8843 is technically required, in their mind, requiring a Form 8843 for five days is simply not worth the trouble. The IRS has bigger issues to deal with than requiring you to account for five days.


    I have a month to account for. Do I need to file as a dual resident? (which I would hate to do)
    But If so, again, what would be my standard deductions?
  • Mar 5, 2007, 11:29 AM
    AtlantaTaxExpert
    Yes, you MUST file as a dual-status alien UNLESS you are married.

    Yes, as an Indian citizen, you can claim the standard deduction, which is $5,150.
  • Mar 5, 2007, 12:28 PM
    lousyjack
    Thanks for replying.
    I read pub 519 last night.
    I can file for the first year choice right? Can I qualify for this?
    Yes, I can show being a resident alien for 2007 (in a couple of days I will)

    So if I file as a dual status resident, how does my w2 get split?
    Thanks again
  • Mar 5, 2007, 12:41 PM
    lousyjack
    I'm still single...
  • Mar 7, 2007, 12:09 PM
    AtlantaTaxExpert
    On a dual-status return, all the taxes are calculated and paid on the Form 1040. The money earned while under F-1 is reported on Form 1040NR.

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