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New Member
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Feb 13, 2012, 01:41 PM
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Dual Status Alien or Resident Alien
I've been a student from india till May 2011 and during this period I've been doing an internship. Then in June, 2011 I got my green card and started working for a company. I've received both form 1042-S(from the internship) and form W2 (from the job). I've been single trhoughout the year.
1. Am I considered a resident alien or dual status alien for tax purposes?
2. If considered dual status alien,
a) Can I elect to be treated as resident for tax purposes so that I will qualify for the Lifetime Learning Credit?
b) Can I still claim the standard deduction that I am eligible by the tax treaty for Indian students?
c) If yes to 2.b. how should I report this eligiblity in form 1040?
3. If considered resident alien or if answer to 2.a. Is yes,
a) How should I report both W2 and 1042-S in form 1040?
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Junior Member
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Feb 13, 2012, 02:06 PM
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In pub 519 read "dual status aliens" on page 8 and read chapter 6 as well. Also read the example for Sam given at the end in pub 519. That will give you some clues.
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New Member
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Feb 13, 2012, 02:48 PM
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Thank you nigam2012, for your quick response. The article and the Sam example answered most of my questions, but still I didn't get an answer to to be. According to the India Tax Treaty, I was eligible for the standard deduction when I was a student (non-resident). Can I claim the same when filing as a dual status alien?
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Junior Member
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Feb 13, 2012, 03:15 PM
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You should see chapter 6 pub 519 4th para under "Income Subject to Tax"
See Chapter 9 page 57 under "Students Apprentices and Trainees" and Page 58 under "Students, Apprentices, Trainees ...who became" . Also read "Saving Clause" there. That should answer your questions.
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Tax Expert
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Feb 13, 2012, 07:33 PM
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You are dual status. You can not file as resident for whole year. Since you are F1/OPT income, you can claim tax treaty deduction as itemized deduction. You will also file Form 8843.
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New Member
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Feb 14, 2012, 03:37 PM
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Thank you MukatA. That helped. As I understand I can claim the Standard Deduction of $5800 as an itemized deduction in form 1040NR which I will add as an attachment to my Dual Status 1040. Am I correct?
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Tax Expert
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Feb 15, 2012, 05:05 AM
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Yes
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