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    goldenbeams's Avatar
    goldenbeams Posts: 3, Reputation: 1
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    #1

    Mar 24, 2008, 01:43 PM
    Resident or Non-resident
    Hi,
    I had few questions regarding 2007 filing.
    I was on F1 from Jan 2004 to May 2006
    OPT from June 2006-June 2007 and then on my H1B from then on. I was in the country throughout this year(2008) and 2006, though I was out of the country for couple of months last year (2007).
    1. Should I be filing as Resident or Non-resident?
    2. Is it possible to utilise the standard deduction tax exemption treaty if I am on H1B?
    Thanks,
    Hari
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 25, 2008, 03:10 AM
    You will file nonresident tax return. For your OPT income, you will get treaty deduction.

    Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #3

    Mar 25, 2008, 05:06 AM
    It depends when you were out of the country last year (2007). How many days were you in the US on your H1B?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #4

    Mar 25, 2008, 05:19 AM
    On the basis of the information provided by you, you cannot file resident return for 2007 (unless you are married).
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #5

    Mar 25, 2008, 06:05 AM
    Quote Originally Posted by MukatA
    On the basis of the information provided by you, you cannot file resident return for 2007 (unless you are married).
    IF the OP's OPT ended in June, it is possible that the SPT is met in 2007 and he would then be dual status. We would need to know the number of days present in 2007, while not on F1.
    goldenbeams's Avatar
    goldenbeams Posts: 3, Reputation: 1
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    #6

    Mar 26, 2008, 06:09 AM
    Quote Originally Posted by The Texas Tax Expert
    It depends when you were out of the country last year (2007). How many days were you in the US on your H1B?
    I started my H1B on July 17th 2007,was on OPT before that. I was out of the country from Aug 15th to Sep 15th.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #7

    Mar 26, 2008, 06:44 AM
    You don't meet the SPT so you are a non-resident and should file a 1040NR.
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