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    needtaxhelpF1's Avatar
    needtaxhelpF1 Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 16, 2007, 08:55 PM
    Substantial Presence Test question - please help
    I hope these will be very specific questions

    1. I have been on H1B status since 06/13/05 (before that on F-1 & OPT). Do I qualify for Substantial Presence test ? I think yes.
    2. If so, do I have to file 1040 or 1040EZ ?
    3. Finally, as a single person filing as a resident - do I still qualify for the standard deduction of $3300 and the $5150 under US / India Tax Treaty.

    Thank you so much for your response.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 23, 2007, 02:21 PM
    1) Yes.

    2) For 1040.

    3) If you file Form 1040, you are filing as a resident alien and therefore CAN claim both the $5,150 standard deduction and the $3,300 personal exemption.

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