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sawhneymaninder · Jan 11, 2006, 03:02 PM

Hi
I was on F1 from Aug 03 to Oct 31 2005. My H1 started on Nov 1 2005.
I was working as an intern from Jan 2005.
What form should I use for filing my taxes and any guidance on how to calculate deductibles and taxes would be highly appreciated.

Regards
Maninder

AtlantaTaxExpert · Jan 11, 2006, 07:11 PM

Maninder:

Technically, you are a dual-status alien, so you should file Form 1040 with Form 1040NR as a statement attached to the return.

However, you can file just Form 1040NR, which is simpler.

If you wish, you can wait until early May (by which time you would qualify for resident alien status under the Substantial Presence Test), then file Form 1040. This will allow you to claim the standard deduction of $5,000 (something you cannot do as a non-resident alien unless you are a citizen of Indian or China).

After the 2005 return, you will be required to file Form 1040 for 2006 and beyond.

sawhneymaninder · Jan 12, 2006, 08:51 AM

Hi Atlanta Tax Expert,
I appreciate your detailed response. It definitely is helpful, but I am not learned in tax laws. Could you suggest, filing under what status (form) would be advantageous for me.
You suggested to file after May. Isint April 15th the deadline to file?
I am a citizen of India, so even as a non-resident, can't I file for the standard deduction of $5000.
After how long do you qualify under Substantial Presence.

Thanks for your help.
Maninder

AtlantaTaxExpert · Jan 12, 2006, 09:53 AM

Maninder:

If you are the only person involved (no spouse or dependents), then, since you are an Indian citizen, it really makes no difference (as to how much you pay in taxes) whether you file Form 1040NR immediately or Form 1040 in May.

There are some deductions which you cannot claim if you file Form 1040NR, such as mortgage interest or education credits, but, given the length of your stay in the U.S. I assume you have not bought a house.

Have you incurred any education costs (tuition, fees, etc.)? If not, then file Form 1040NR.

You will also need to file Form 8843, but only for 2005.

sawhneymaninder · Jan 12, 2006, 03:55 PM

Hi
I will not file for any spouse or dependents. One last question, I do have education fees paid in the beginning of the year. If I file 1040, according to you I could file them as deductions. Other than that there will be no difference in filing for 1040 or 1040 NR.

Also, if you could tell me, after how long do you qualify under Substantial Presence?

Maninder

AtlantaTaxExpert · Jan 12, 2006, 09:26 PM

Maninder:

Substantial Presence is met after 183 days.