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    sidp15's Avatar
    sidp15 Posts: 6, Reputation: 1
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    #1

    Mar 16, 2013, 11:51 PM
    Tax return for F1-OPT/H1B
    Hi,

    I was on F1-OPT till 30th Dec 2012 (Columbia University) and changed to H1B after that. For the whole year, I was working in a company based in Manhattan. Being an Indian student, I know I can claim standard deduction $5,950 for year 2012. When I used Galcier Prep software to prepare my tax retruns( 1040NR-EZ), it did not generate form 8843 and also included deduction equivalent only to my state and local taxes. (which is lower than the standard deduction $5.950)

    Can I claim standard deduction of $5,950 for year 2012 and file form 8843 ? If I have to file form 8843, what should I write in part III for following question ?
    "Enter the name, address, and telephone number of the academic institution you attended during 2012 ▶"

    I didn't attend Columbia during 2012 but I was on F1-OPT till 30th Sept 2012 issued by Columbia.

    Thanks in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 17, 2013, 04:11 AM
    If you are from India, you can claim the $5,950 standard deduction under Article 21(2) of the U.S.-India Tax Treaty.

    You are still considered to be a student when on OPT, so put your school info on the Firm 8843.
    sidp15's Avatar
    sidp15 Posts: 6, Reputation: 1
    New Member
    		  
    #3

    Mar 17, 2013, 09:06 PM
    Correction in my first sentence. I was on F1-OPT till 30th Sept 2012 and changed to H1B on Oct 1.

    Jan 1 2012 - Sep 30 2012 F1-OPT
    Oct 1 2012 - Dec 31 2012 H1-B

    I'm planning to file 1040NR-EZ with form 8843. Am I still eligible to claim standard deduction of $5950 on line 11 ? Thanks in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 17, 2013, 09:33 PM
    Yes, you are still eligible for the standard deduction of $5,950.
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