[jkandas]

Hi,

I have read several posts in this forum... each and every bit was great and very informative.. Keep up the great work...

I wanted to verify what I have for my taxes

1. Was in CPT from Jan 27 to Aug 4, 2005
2. Opt from Aug 5 to Sep 30, 2005.
3. H1 from Oct 1, 2005 to present.

You may wonder about the short term of OPT.. I converted to H1 for personal reasons... that being aside, I went to India and was back in the U.S on Jan 17, 2005. It was just vacation.. no income earned or anything different..

Now, I have two W2's one from the university and the other from my current employer. My university W2 has a net income of $1570. I don't have the problem of SSN and medicare, my employer did not deduct it.. in fact for the past three months in H1, they did not deduct SSN and medicare. I brought this up and now they have started it in the following pay check.

1. I fall in the category of a non resident. Wanted to have your thoughts... Should I be filing 1040NR?
2. Do I qualify for standard deductions (I'm from India) and personal exemption?
3. Does the trip to India make a difference in taxes? (left in F1 and got back in F1)
4. Should I worry that my employer did not deduct SSN and medicare in my H1(Oct to Jan, 2006)?
5. We had a temporary change in work location, which qualifies for mileage deductions... If I choose to go for 1040NR, can I still have 2106 for itemized deductions?

Please let me know if I have got these right... Thank you for your time.

[jkandas]

Atlanta Tax expert... any take on this... was eager to hear from you..

Thanks in advance for your time and all your help...

[AtlantaTaxExpert]

1) Because of the three months on H-1, you are dual-status. You can file dual-status or wait until June to file as a resident alien under First Year Choice. Filing non-resident is not an option.

2) Yes, you get both if you file either dual status or resident.

3) No difference.

4) Not your problem if you properly notified your employer that your visa atstua changed from F1 to H-1. Collecting and paying Social Security and Medicare taxes is the responsibility of the employer.

5) Yes, you can claim these expenses in your dual-status return.

[jkandas]

https://www.askmehelpdesk.com/showthread.php?t=19638

Atlanta expert,

I got confused from this post... about being resident Vs non-resident.

1. What are the advantages to wait for First Year choice? Should I file for an extension?

2.Could you detail a bit on DUAL STATUS return? Meant to ask if I have to submit 1040 NR and 1040 R?. and the forms that I have to submit

3. I have a W2 from my university. (non-resident period). So should I split my W2's for each form... I apologize for not doing the ground work and shooting questions at you.. the more I dig for information, I end up confused..

Thank you very much for your time.

[AtlantaTaxExpert]

1) If you are an Indian national, there may be no advantage unless you went to school and paid tuition and fees at some college. The tuition and fees can be claimed if you file as a resident alien, but not as a dual-status alien.

2) Too complicated to do here. Check out IRS Pub 519, chapter 6 (I believe) that covers dual-status filing.

3) The university W-2 while on F-1 status is detailed on Form 1040NR, but both w-2s is listed on Form 1040, because that is where the taxes are calculated!