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    richlandwa2008's Avatar
    richlandwa2008 Posts: 8, Reputation: 1
    New Member
    		  
    #1

    Feb 20, 2009, 08:52 PM
    Resident or Non Resident
    Hi,

    I am a student from India on F1 visa. I came to USA in July 2004, and am a student since then. I have some questions regarding taxes.

    1. I am a bit confused if I would be a US resident for tax purposes when I file tax returns this year (in Feb 2009). I read about the 5 year rule for students, and substantial presence test, but confused.

    2. My wife is on F2 visa and has no income. Now, how much can I claim as deduction for myself and my wife. And do we need to file jointly?

    Thanks

    Kumar
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 21, 2009, 04:52 AM

    For 2008 return you must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843.

    Since you are from India, as per tax treaty, you will claim standard deduction of $5,450 instead of itemized deduction and claim exemption for your spouse if she did not have any income. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
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