[krismede]

Hi
Iam an international student on F1 from India, in US from 2005.
During the first year 2005, my tax preparer filed 1040 EZ.
And in my 2nd year,2006, I realised I have to file 1040 NR EZ , so I did it.

For 2007, is it mandatory to file 1040 NR EZ or can I file 1040 EZ?
Also is it OK to shift between forms like I did?

I think effectively the standard deduction is same for students from India,if Iam right?
So, does it matter if I file 1040 EZ now to claim the stimulus tax rebate?

And please tell me does 1098-T form helps me getting my tution money back?

Thanks in advance

[AtlantaTaxExpert]

For 2007, file Form 1040NR-EZ.

You need to amend your 2005 tax return with Form 1040X and attach a properly-prepared Form 1040NR-EZ.

You are correct about the standard deduction effectively making the tax the same, but you stillneed to fix 2005, as you filed incorrectly.

The stimulus package will be sent automatically based on your 2007 tax return. Unfortunately, it does not look like foreign nationals who file Form 1040NR or 1040NR-EZ will be eligible for that stimulus package; sorry!

Further, you cannot claim any education credit or deduction using the Form 1098-T, as non-resident aliens are NOT ELIGIBLE for the education credits or deduction.

[krismede]

Thanks for the response..
Also I hear from people here that.. for F1 students from India.. we get almost all the taxes back to us.. is that true? Or does the tax treaty doesn't really matter at all?

[MukatA]

Tax treaty does benefit you. You will get all the taxes back depends upon your total income.

[krismede]

Thanks for your quick reply...

If I am right the stnd deduction for F1 students from India is 5350 USD.. and other exemptions is 3400 USD.. when I am filing 1040 NR EZ..

However.. I came across form 1040 EZ.which also has deductions of 8750 USD.. which is equivalent to the total of the two amounts we claim in 1040 nr ez..

So, I was actually getting the same USD amount back with either forms..
So.. where does the tax treaty help us..

[theclearmoon]

If you are a single international student then you can only use 1040 NR-EZ. If you file any other form its ILLEGAL. For more details see pub 519.