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geli07 · Jan 22, 2006, 01:58 PM

I graduated in May of 05 with a MBA and have been on my OPT since then. I’m not sure how to file my taxes and what forms to use.
Also, being an Austrian citizen I am not sure if there is a tax treaty between Austria and the US, and if there is, how that will affect how I need to file.

I have already received my W2 and now I am not sure what the next steps are I need to take.

AtlantaTaxExpert · Jan 22, 2006, 02:18 PM

Geli07:

Assuming you are on a F-1 visa, you need to file Form 1040NR.

Go to the IRS website (www.irs.gov) and download IRS Pub 519. That gives you the procedures for filing the Form 1040NR.

I do not know if Austrian citizens get any special exemption of income. A call to the IRS should get you that information.

geli07 · Jan 22, 2006, 02:35 PM

Thanks for your quick reply!

How does the “Substantial Presence Test” apply in all this?
Could you also tell me what the difference between the 1040NR and the 1040NR-EZ and how I can determine which one to file?

AtlantaTaxExpert · Jan 22, 2006, 04:38 PM

Geli07:

Substantial Presence applies only if you are not in an "exempt" status, which the F-1 visa confers on its holder.

The Form 1040NR allows other forms and schedules to be attached, whereas the Form 1040NR-EZ is basically for those who only have W-2s from various jobs.