[ttyz99]

Hi, everyone,

I changed from h1b to F1 status last year (Sep 2007) for graduate study. I received W2 from my old employer, and also W2 and 1042-S from the university I am currently working (part-time) and studying at.

I am from China and came to US since Sep. 2002.

How should I file my tax return for 2007? :confused:
Was I qualified for non-resident alien? Can I use the deduction from the US-China Treaty? How do I report the fellowship on my 1042-S?

I will REALLY appreciate if you can give me some advice.
Thanks!
Zhimin

[AtlantaTaxExpert]

You should file as a resident alien for 2007.

You CAN file as a resident alien for 2008, or as a non-resident alien if this is the FIRST time on F-1. It will be your choice.

For 2007, enter the fellowship income on Line #7 and the withheld tax on Line #64 of IRS Form 1040.

[ttyz99]

Hi AtlantaTaxExpert,
That's exactly what I did several weeks ago and already got my refund in bank account.
But thanks for the answer. It confirms that I was right.
Zhimin

[MukatA]

On the resident tax return, you can't claim treaty benefit.

[AtlantaTaxExpert]

Agreed; because you went from H-1B to F-1, you will NOT be able to claim the treaty exemption if you continue to file as a resident alien.