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    rohit218's Avatar
    rohit218 Posts: 2, Reputation: 1
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    #1

    Feb 25, 2008, 12:28 PM
    Dual status return - last year non-resident
    Hi,

    I have browsed this forum and got great information. Thanks. I had a few quick questions before I finalize my dual status return:

    Situation:
    Indian Citizen.
    Filed 1040NR on F1 visa from 2002 to 2004
    Filed 1040 on H1B visa from 2005 to 2006
    Remained on H1B until Sep 30, 2007 and then went to India for good.

    I understand I am a dual status alien for tax purposes. I will have to file 1040 (statement) and 1040NR (return).

    Questions:
    1) Is the 1040 for informational purposes only? The calculations I make on that form are not used anywhere? So I don't need to compute any taxes etc. on that form.

    2) I use the whole year US income for 1040NR - this will be the master form for all calculations including rental losses etc. (My income for the time I was a non-resident is zero)

    3) Page 5 of 1040NR asks me to specify my "current nonimmigrant status and date of change" - since I left to India for good, I have lost my H1B. What is my current nonimmigrant status? Not sure about the date of change either.

    4) I owned a home in the US and lived in it from Jan until Sep 2007. 1040NR does not have any place where I can specify my mortgage interest and real estate taxes paid. Can I claim them somehow?

    5) I got married in March 2007 but for 1040NR I can only use the married filing separately for computing my tax. Right?

    6) Can I claim standard deduction on 1040NR under US-India tax treaty? I couldn't find anything in pub 519 on that.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 20, 2008, 03:37 PM
    1) Yes. You show the income earned in the U.S> on form 1040, but the TAX computations are done on Form 1040NR.

    2) Yes.

    3) "Foreign national; no visa; date the H-1B expired"

    4) Nope; sorry!

    5) Yes.

    6) Nope; that standard deduction option is available ONLY to J-1 and F-1 visa holders.
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