[bsreddys]

Hi,

My details:


1)I am on H1B, my spouse is on H4 , no children.
2)we both landed in the US on oct-2006, homeland is India
3)My employer deducted social and medical taxes for oct/nov/dec


Now the doubts:
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1)Should I file 1040NR or 1040NR-EZ? It seems there is nothing like married and jointly filing for non-resident alien case like mine? Because in that case spouse will become a dependent I guess. I think because my homeland is India, I will get personal exception for my spouse too...

2)If I opt to go for the firstyearchoice by filing the extension will I get back the social and medical taxes , as they were deducted when my status was a non-resident alien?

3)If I don't opt to go for the firstyearchoice and file as non-resident alien then I am thinking I should get back the social and medical taxes back. If so let me check that with my employer if he can directly give me back the deductions or else I have to file a separate form-843.

4)Will I be able to claim the Standard Deduction($5000) for myself if I file as a non-resident alien? I do know that SD for spouse is not allowed in non-resident alien case.

If I don't get back my social/medical taxes for 2) but if I will get back my social/medical taxes for 3) then it seems it makes more sense for me to go for 3?




I appreciate your help.

[bsreddys]

Standard Deduction

Nonresident aliens cannot claim the standard deduction. However, students and business apprentices from India may be eligible to claim the standard deduction under Article 21 of the U.S.A.-India Income Tax Treaty. Refer to Publication 519, U.S. Tax Guide for Aliens and to Revenue Procedure 93-20 for more information
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I am not a student from India. I am not sure if I am a business apprentice.

I used to work in India before oct-2006 and I am directly doing a job here.

That means I won't be eligible for the Standard Deduction for myself too? ( $5000 )

Not sure what this jargon of business apprentice means in the books of IRS!

[bsreddys]

OK, I think I got the answer for Qs-2. I won't get back the social/medical taxes if I choose to opt for firstyearchoice.


So my qs is what all deductions and personal exclusions I can get (I am not a student from India... not sure if I am a business apprentice) if I chose not to opt for firstyearchoice and go with non-resident alien status. Also which form to file... 1040NR or 1040NR-EZ?

[AtlantaTaxExpert]

We have been communicating by email, in which I have answered your questions.

[bsreddys]

Thanks ATE

[AtlantaTaxExpert]

Glad to help!