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    pratyushmk's Avatar
    pratyushmk Posts: 2, Reputation: 1
    New Member
     
    #1

    Apr 13, 2010, 04:36 PM
    Dual status alien taxation and the forms to be filled.
    Hello.I am single and currently on F1 Visa which began in July 2009.Prior to that I was on H1 Visa from October 2008-June 2009.So going by the rules I qualify as a dual alien for 2009 and I have to file 1040nr-ez and attach 1040ez as a statement.
    My wages are as following.
    Wages:$19272
    Federal Income tax: $3198
    Social Security and Medicare wages: 19272
    SS tax withheld: 1194
    Medicare tax withheldz:279.43
    I have the following questions.1) All the wages I earned above were during my H1 and I haven't earned anything after changing back to F1.So what do I fill in the wages section of the 1040nr-ez form and the same in 1040ez(statement).
    2)What all sections have to be filled in the 1040ez form which is my statement.
    3)I cannot take the standard deduction in my 1040nr-ez form going by the rules.Can I make use of the same section in the statement(1040 ez)if applicable.
    4)I believe I can make use of the personal exemption of $3650 in my 1040nr-ez form.Can I also make use of the US India tax treaty in the same form or the statement?5) Can I itemize my school fees as an itemized deduction?

    Thank You in advance
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Apr 13, 2010, 08:14 PM

    You should file resident tax return and pay SS tax and Medicare tax.
    pratyushmk's Avatar
    pratyushmk Posts: 2, Reputation: 1
    New Member
     
    #3

    Apr 13, 2010, 09:01 PM
    Quote Originally Posted by MukatA View Post
    You should file resident tax return and pay SS tax and Medicare tax.
    Thanks for the reply.But in 2008 I was on F1 before coming onto H1 from October 08.For 2008 I had filed as a Non resident alien.So why would I have to file as a Resident for 2009.The solution you had given would have been apt if I had filed as dual status alien with First year choice for 2008 and for 2009 I would have been considered as resident for the whole year.But I didn't do so. Do you still think it has to be that way?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Apr 13, 2010, 09:43 PM

    You have completed SPT in 2009. Count 1/3 of days on H1-B in 2008 plus days on H1-B in 2009. So you are resident.

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