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    Landlord86's Avatar
    Landlord86 Posts: 4, Reputation: 1
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    #1

    Mar 18, 2009, 11:33 PM
    1040 or 1040NR
    I do not know whether to file 1040 or 1040NR. Here are my details:
    I entered US in August 2003 and in the last 5 years I have been outside of US only for a total of 2 months (Dec 2005-Jan 2006). This means I am resident alien for tax purpose and I have to file 1040, right? However last year from Jan to June 2008, I was a full-time student with a fellowship. So I got 1042S. Now if I file 1040 then where do I enter the 'income/tax withheld' information from 1042S? Do I file 1040NR even when I meet the substantial presence test for 2008?
    Thanks for your help.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Mar 19, 2009, 02:53 AM

    Are you a U.S. citizen or resident? If not, which visa do you have since 2003.
    Landlord86's Avatar
    Landlord86 Posts: 4, Reputation: 1
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    #3

    Mar 19, 2009, 06:19 PM

    I am neither US citizen nor resident. I am in OPT right now and till June 2008, I was in F1 visa.
    May be I didn't explain properly in the last post. So again, I was in school till June 2008 and I also had a fellowship so I got 1042S. However since I have been in US for more than 5 yrs and meet the substantial presence test don't I need to file 1040 (and not 1040NR)?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #4

    Mar 19, 2009, 11:59 PM

    You will file resident tax return. Include 1042-S income on the line where you enter W2 income. Same about taxes withheld.
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