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modest_16081982 · Mar 7, 2009, 03:02 PM

Info for year 2008:
Jan - March: F-1
April - Oct: OPT
Nov - Dec: H1B

Info for year 2009:
Jan 09 till present - H1B continuing

I citizen of INDIA

1. Which Tax form I should file for 2008 Tax purpose? 1040, 1040EZ or 1040NREZ.

2. Also my country has tax treaty with US and under that I am allowed to take a certain amount of standard deduction every year (the amount changes every year)? Will I still be able to take that regardless of the form I file in?

MukatA · Mar 8, 2009, 04:48 AM

1. If you are single, then from 1040NR or 1040NR-EZ with Form 8843
2. Yes you will get treaty deduction as you have OPT income.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

modest_16081982 · Mar 8, 2009, 04:16 PM

Originally Posted by MukatA

1. If you are single, then from 1040NR or 1040NR-EZ with Form 8843
2. Yes you will get treaty deduction as you have OPT income.
Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

Thank you MukatA for your quick reply. Yes I am single - forgot to include that important piece of information.

Also can anyone suggest a Tax software which incorporates the considerations (like Tax treaty, etc) of a Non-residents? So far I have looked into TurboTax and TaxAct online software but they only support 1040 and not 1040NR or 1040NREZ.

MukatA · Mar 9, 2009, 12:01 AM

You can not file nonresident tax return online.
Most of the softwares do not do nonresident tax return. I do not have any knowledge about available softwares for nonresident tax returns.

keerthivalluru · Mar 10, 2009, 11:23 AM

You can use the CINTAX software to file a nonresident tax return (1040NR-EZ and Form 8843). The software computes and considers all the parameters (including tax treaties) based on your W2 information. However, you still need to print and mail the signed forms as 1040NR-EZ cannot be filed online according to IRS. There is also a charge of $39.00 to use this software:

https://www.arcticintl.com/cintaxorder.htm

Hope this helps!

keerthivalluru · Mar 10, 2009, 11:28 AM

By the way, standard deduction amount keeps changing every year and this year the amount is: $5450.00 according to US-India Aricle 21(2)

Good Luck

satsous · Mar 14, 2009, 08:38 PM

I am in the similar situation
Aug 2005 - Dec 2007 - F1
Dec 2007 - Oct 2008 - F1 +OPT
Oct 2008 - H1B

But I was married in Nov 2007, and my wife was in the US until Oct2008 as F2 and on H4 thereafter.

For 2008, Do I file under Non resident or resident ? If as non resident, which form do I need to file , 1040 NR ? And should I be filling Jointly with my wife ?

Last year , I filed 1040NR as a married non resident alien filling jointly and claimed std deduction (as per india-US tax treaty) + a deduction for my spouse (again per treaty with India) . Is this correct ?

AtlantaTaxExpert · May 6, 2009, 02:08 PM

You can file jointly with your wife and you both CHOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your wife).

You will need to submit Forms W-7 to apply for an ITIN for your wife. A notarized photocopy of her passport needs to be stapled to the W-7.

The downside is that:
• you must WAIT to meet the Substantial Presence Test before you can file, which means you must wait until 1 June 2009.
• you must declare ALL 2008 world-wide income, but you can at least partially offset any double taxation by claiming a Foreign Tax Credit (Form 1116).

Even with the downside, this is probably the best way for you to file.