 |
|
|
 |
New Member
|
|
Mar 12, 2007, 06:45 AM
|
|
OPT-->H1B, first year, how to file?
Hi all,
My status:
F1 and OPT until 11/26/2006, then H1B
My wife stayed here from 8/1/2006
Both of us are chiese citizen and Canadian permanent resident.
My question:
Can we file jointly and enjoy the standard deduction
Can I claim my tuition as life learning that will give me $2000 tax credit
I searched here, it seems only resident can enjoy these two benefits, it is right? But there is another option that is called first year choice, can I use that? If I use this, can I enjoy the SD and Tuition tax credit?
Thanks for any help.
Michael
|
|
 |
Senior Tax Expert
|
|
Mar 13, 2007, 11:12 PM
|
|
Yes, you CAN file jointly and get the Standard Deduction.
Yes, you will be able to claim the Lifetime Learning Credit.
You will have to declare ALL world-wide income for 2006, however.
|
|
 |
New Member
|
|
Mar 14, 2007, 08:55 AM
|
|
Thanks ATE.
Which form I should use? Because I can not pass the SPT, so I only can fill 1040NR that means I am a non-resident. Can I claim this credit using this form? Because all the sources say only resident can claim this credit.
I have read some publications from IRS about US-Canada treaty, I only found that I can cliam my wife as my dependent, it even does not say I can file jointly. I called IRS yesterday, they also told me I only can claim my wife as a dependent. They said I can not file jointly, I can not claim SD, I only can use itemized deduction.
So currently, I am so comfused about this. Could you please help clarify further?
(1) Which form I can use?
(2) What tax status? Is it NR?
(3) How to claim this credit? Do I have to file as R or using something like first year choice?
Is there any publication which is helpful for this question?
Thanks very much.
Michael
|
|
 |
Senior Tax Expert
|
|
Mar 18, 2007, 01:08 PM
|
|
Michael:
You are filing under First Year choice under the option of filing jointly and choosing to be treated a resident aliens for ALL of 2006. The process is spelled out in IRS Pub 519.
1) Use either Form 1040A or 1040.
2) Resident alien.
3) Need to fill out Form 8863 to claim the Lifetime Learning Credit.
You will also have to wait until mid-June before you can fiel, as you have not yet met SPT.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
F1-OPT-H1B using first year choice
[ 18 Answers ]
Great site for all of us.. thanks a lot
My case:-
Came to US in 2002 on F1, got my opt in feb 2005, and h1 in oct 2005, married and my wife ( was on F2, now on h4) doesn't work. Last year I filed 1040nr and 8843.
I tried using 1040NR as my previous year but ended up getting very little...
F1-opt-h1b status how to file taxes
[ 7 Answers ]
Hello,
Here is my case:
I am indian.
I was in California during ms (f1) till march 2006.after that I was on opt and was working in Arizona since June1st. From oct 1st 2006 I was on h1b.
1.now what forms do I have to fill for federal and state taxes?
2. do I have to fill separate forms for...
Most advantageous way to file- OPT to H1B conversion
[ 7 Answers ]
Hi! I am a Mexican citizen, graduated in June of 2006, and started working on July 5th, I am currently on OPT but will be getting the H1B in October.
I am married to a Mexican citizen (who is not working), and we have a baby (us citizen).
The question is: what is the most advantageous way to...
How to file taxes report for F1-OPT-H1B status
[ 5 Answers ]
Hi, Atlanta Tax Expert,
I read most of your post responses and still have questions since my dumbness, but I will make them simple and short.
I entered USA (Atlanta, GA) on 07/12/2001 as a F-1 student from PR China.
My OPT started on 08/03/2004 and switched to H1-B on 08/01/2005. I joined...
How to file on OPT + H1B
[ 7 Answers ]
I was on OPT from Jan 2005 to May 2005 and on H1B from June 2005 onwards. My husband is on H1B and we have a 12 year old son who is my dependent in papers. What is the best way for us to file our taxes and what are the deductions we can claim. I am an Indian citizen. Do we file a join return or...
View more questions
Search
|