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    swifty's Avatar
    swifty Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 23, 2008, 07:58 AM
    1040 instead of NR, and Hope/Lifetime credit
    Hello,
    I've been in the US since August 2002 studying, and graduated may 2006 (F1)
    During this period I filed 1040NR but never used the Hope or Lifetime credit.
    Could I have applied it?

    From August 2006 - July 2007 I worked on the OPT, and filed 1040NR in 2006.
    I also started to apply credit for student loan interest in 2006

    From October 2007 - present I have been on the H1B.
    Can I file using 1040 instead of 1040NR for 2007?

    Thank you!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 7, 2008, 02:21 PM
    Negative; the education credits/deduction CANNOT be claimed by non-resident aliens filing Form 1040NR or1040NR-EZ. You CAN claim student loan interest, though.

    However, the 5-year exemption authorized for F-1 students expited for you on 31 December 2006. Starting on 1 January 2007, you became a resident alien.

    So, for 2007, you should file as a resident alien, filing Form 1040 or 1040A. You can then claim either the Lifetime Learning Credit or education deduction PLUS claim the student loan interest paid in 2007.
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