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    amjanmoh's Avatar
    amjanmoh Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Apr 8, 2006, 08:36 PM
    1040NR or 1040 (H1b->F1 OPT)?
    Hi,

    I would like some help with my situation:

    1. I am a Canadian Citizen
    2. I worked in the US on TN and H1-B from July 2000 until mid-2004.
    3. I re-entered the US on F1 in July 2004.
    4. Until 2004, I filed as a resident (since I was on H1-B).
    5. Last summer on CPT (as an F1), I received $10K on a 1099-MISC.

    Since I was on F1 last year, can I claim non-residency status for 2005?

    If not, it looks I am stuck with paying self-employment taxes on the $10K, right?

    Thank you for your help in advance,
    amjanmoh
    amjanmoh's Avatar
    amjanmoh Posts: 3, Reputation: 1
    New Member
    		  
    #2

    Apr 9, 2006, 01:04 PM
    I have figured this out - since I am on F1 I will be filing 1040NR.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Apr 10, 2006, 09:35 AM
    That is correct; file Form 1040NR as a non-resident alien.

    However, I would attach a copy of the visa to the Form 1040NR, since the IRS is expecting to get a resident tax return from you.
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