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    himanshu612's Avatar
    himanshu612 Posts: 4, Reputation: 1
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    #1

    Jan 4, 2006, 07:44 AM
    Simple Tax Question
    Hello,

    I've a simple tax question. I was on OPT until September 2005 and my H1 started from October 1st, 2005. I wanted to know what forms do I need to file and what deductions can I claim? I started paying social security and medicare taxes from October 1st.

    Thank you.

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

    Jan 4, 2006, 07:55 AM
    Himanshu:

    If you were in country as a student under a F-1 visa for less than five years prior to converting to the H-1 visa, you should file as a non-resident alien for 2005. The time spent on the F-1 visa is "exempt time", which is not counted under the Substantial Presence Test. File Form 1040NR or Form 1040NR-EZ and, at a minimum, claim the $3,200 personal exemption.

    Are you a citizen of India? If so, you can claim the $5,000 standard deduction unless your itemized deductions exceed $5,000. You can also claim your spouse and any children as dependents if they are in the United States under a F-2 visa and if they have no income. Even if they are still in India, you may still be able to claim them, but I would need more details before determining their status.
    himanshu612's Avatar
    himanshu612 Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Jan 4, 2006, 08:05 AM
    Thank you very much, AtlantaTaxExpert. I'm single and I've been in the US on F1 since 2002 which is less than 5 years. And yes I'm a citizen of India. Do I just need to file 1040NRez/1040nr? Since I'm in Texas I don't have to pay state taxes. And you said, at a minimun I can claim 3200. Can I claim more than that?

    Again thank you very much. You are a great help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 4, 2006, 01:10 PM
    Himanshu:

    You can file Form 1040NR or 1040NR-EZ. Since you are an Indian citizen, you can claim a standard deduction of $5,000. Since you live in Texas (which has no state income tax), it is likely you do not have enough itemized deductions to exceed the $5,000 standard deduction.

    You also have the $3,200 personal exemption, so your total deductions will be $8,200 if you do not itemize.
    himanshu612's Avatar
    himanshu612 Posts: 4, Reputation: 1
    New Member
    		  
    #5

    Jan 4, 2006, 02:51 PM
    Thanks again. I also received one paycheck from my university in the beginning of the year. I worked as a research associate on my OPT for 15 days for them. Do I need to file 2 different 1040nr? And I guess this is the last time I'll be filing form 8843.

    Have a great day.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Jan 4, 2006, 09:00 PM
    No, both paychecks should go on just one Form 1040NR.

    Yes, this should be your last Form 8843.
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