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    varunnk's Avatar
    varunnk Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jul 7, 2010, 07:05 PM
    TAX forms?
    I am currently waiting for my EAD/OPT card to come through. I am an Indian citizen. My H1B visa takes into effect on October 1st,2010.

    I will work and live in NYC. I have been in Buffalo, NY (student pursuing MS degree) for the past 2 years (since Aug 2008).

    Could someone please tell me what tax forms I will have to fill. I am extremely confused with the whole process.

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

    Jul 7, 2010, 10:39 PM

    I assume your current visa is F1.
    On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes. On your income you will get deduction based on tax treaty between the U.S. and your country. Since you are from India, as per tax treaty, you will claim standard deduction of $5,700 instead of itemized deduction. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
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