[yzhou0123]

I came to the US in August of 2005 on F1 and was F1 till May of 2009 when I changed to OPT and then changed to H1B on Oct 2009. I filed 1040NR last year and claimed the $5000 tax treaty between U.S. and China. I received W2, 1099-INT, 1099-DIV, 1099-B and 1099-G for 2009. I also made donations last year($100 though). I tried to file using cintax and it says I am a nonresident alien for 2009 but I am not eligible for the tax treaty so my only deduction is the 3650 basic one. But from reading many of the posts here, it seems like I should still be able to claim the tax treaty since it was my fifth year in the U.S. and I was NR alien last year. If anyone could advice, that would be great. Also, it's my first year getting the 1099-G. Should I report it?

[yzhou0123]

I came to the US in August of 2005 on F1 and was F1 till May of 2009 when I changed to OPT and then changed to H1B on Oct 2009. I filed 1040NR last year and claimed the $5000 tax treaty between U.S. and China. I received W2, 1099-INT, 1099-DIV, 1099-B and 1099-G for 2009. I also made donations last year($100 though). I tried to file using cintax and it says I am a nonresident alien for 2009 but I am not eligible for the tax treaty so my only deduction is the 3650 basic one. But from reading many of the posts here, it seems like I should still be able to claim the tax treaty since it was my fifth year in the U.S. and I was NR alien last year. If anyone could advice, that would be great. Also, it's my first year getting the 1099-G. Should I report it?

Could anyone help? It would be greatly appreciated!

[MukatA]

This year also file nonresident return and Form 8843. You will get treaty deduction if you had income during F-1 or OPT.