Info:

F-1 Visa Stamp Date: 11/15/2007
Date of First Entry in United States: December 15th, 2007
Time stayed out of United States: 1 month in July 2010
10th Dec, 2011 - 15 Jan 2012
Current Status - F-1 OPT (started in July 2012)


Hello,

I am Ishan. I am an International Student from India. I came to united states in December 2007 with my F-1 Visa. I got my undergraduate degree in May 2012. I have been on F-1 for more than 5 years. My question is should I file 1040-NR-EZ or 1040-EZ. When I try to you use Windsor and glacier tax service, it says I can't use it because as of now I am resident alien. But in IRS-Publication, F-1 Student are exempt from counting days for first 5 years, if I take that into consideration than I am Non-Resident alien. Are the 16th days in 2007 counted as year for tax purpose? If yes, then 2012 will be my 6th year for tax purpose and I have been in 2012 for 340 days.

So I am really confused on what is my status for Tax purpose? If I am resident alien, can I use India-US treat?

If you need any more info, please let me know.

Thank you,

Ishan

You are exempt from counting days for the substantial presence test for 5 calendar years.
So even though you came at the end of 2007, 2007 counts as one calendar year.
So you are a resident alien for 2012.

The US-India tax treaty allows non-resident aliens students to claim the standard deduction.
Residnet aliens are allowed to claim the standard deduction anyway, so there would be no added benefit in using the treaty.

TaxesForAliens has covered all pertinent issues, except to note that you can deduct student loan interest whether you file as a resident or non-resident alien.

Also, if you paid any tuition in 2012, you are now eligible to claim the American Opportunity Credit for up to $2,500.

Thank you TaxesforAliens and AtlantaTaxExpert for your help :).

Glad to help!