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    zhutou's Avatar
    zhutou Posts: 8, Reputation: 1
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    #1

    Mar 18, 2010, 04:14 PM
    Half Non-resident and half resident with 1042-s
    I am F1 phd student from Mexico. By August 2009 I fulfilled the 5-year resident requirement. Therefore, I am half non-resident and half resident as far as 2009 tax year is concerned.

    1. Which form should I use, 1040NR or 1040? Or both?

    Each year, I receive a fellowship for 10 months and a summer wage for two months, so I have both 1042-s and w-2. In the 1042-s, the money paid in the spring semester was withheld with tax as I was non-resident during this time, and the money paid after August was not in the form as I became resident. The W-2 comes from the summer and has tax withheld.

    2. How can I fill up the form (1040NR or 1040) to include correctly these data?

    I received a 1098-T with fellowship and the tuition stuff.
    My understanding is that I should not report this as I am F1.

    3. Am I right to disregard 1098-T?

    Thank you very much
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Mar 18, 2010, 11:46 PM

    When did you enter the U.S. on F-1?
    zhutou's Avatar
    zhutou Posts: 8, Reputation: 1
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    #3

    Mar 19, 2010, 10:30 AM

    August 2004
    zhutou's Avatar
    zhutou Posts: 8, Reputation: 1
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    #4

    Mar 19, 2010, 04:44 PM

    I looked around and read 519 IRS guide. It seems not well defined. No 5-year conversion is mentioned and the dual status appears for visa change to H or other type.

    If I take a residency test in any online program or university sites, I got the answer to file with 1040 simply because I had more than 5 years and enough days. Nothing can be done with the conversion in the middle of the tax year.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #5

    Mar 19, 2010, 10:02 PM

    You were nonresident for 5 years 2004 to 2008.
    For 2009 file resident tax return. You can use 1098-T.
    zhutou's Avatar
    zhutou Posts: 8, Reputation: 1
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    #6

    Mar 20, 2010, 09:53 AM

    Thanks a lot, I also thought that,

    My 1098-T has $13100 in box 5 and $12300 in box 2
    The difference is from health fee.

    As far as I know, since the tuition is paid by scholarship,
    I will not get any credits by filing 1098-T. or

    Can I get anything out from this 1098-T? If not,
    Can I choose not filing 1098-T?

    My university site says if your are F1, disregard 1098-T
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #7

    May 3, 2010, 02:40 PM
    Even though you are a student under the F-1 visa, after five years you begin filing as a resident UNLESS you maintain closer connection with your home country.

    You are NOT mandated to claim any education credit by using Form 1098-T
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