[jcage009]

Info:

F-1 Visa Stamp Date: 11/15/2007
Date of First Entry in United States: December 15th, 2007
Time stayed out of United States: 1 month in July 2010
10th Dec, 2011 - 15 Jan 2012
Current Status - F-1 OPT (started in July 2012)


Hello,

I am Ishan. I am an International Student from India. I came to united states in December 2007 with my F-1 Visa. I got my undergraduate degree in May 2012. I have been on F-1 for more than 5 years. My question is should I file 1040-NR-EZ or 1040-EZ. When I try to you use Windsor and glacier tax service, it says I can't use it because as of now I am resident alien. But in IRS-Publication, F-1 Student are exempt from counting days for first 5 years, if I take that into consideration than I am Non-Resident alien. Are the 16th days in 2007 counted as year for tax purpose? If yes, then 2012 will be my 6th year for tax purpose and I have been in 2012 for 340 days.

So I am really confused on what is my status for Tax purpose? If I am resident alien, can I use India-US treat?

If you need any more info, please let me know.

Thank you,

Ishan

[taxesforaliens]

You are exempt from counting days for the substantial presence test for 5 calendar years.
So even though you came at the end of 2007, 2007 counts as one calendar year.
So you are a resident alien for 2012.

The US-India tax treaty allows non-resident aliens students to claim the standard deduction.
Residnet aliens are allowed to claim the standard deduction anyway, so there would be no added benefit in using the treaty.

[AtlantaTaxExpert]

TaxesForAliens has covered all pertinent issues, except to note that you can deduct student loan interest whether you file as a resident or non-resident alien.

Also, if you paid any tuition in 2012, you are now eligible to claim the American Opportunity Credit for up to $2,500.

[jcage009]

Thank you TaxesforAliens and AtlantaTaxExpert for your help :).

[AtlantaTaxExpert]

Glad to help!