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    dkb's Avatar
    dkb Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Mar 25, 2006, 11:39 AM
    Regarding Dual Status and Tax Forms...
    Excellent forum guys! Appreciate all the hard work you guys are doing to help people. I was wondering if you could do me a favor by answering my queries too.

    Nationality: Indian
    Came to US: Aug 2003 (F-1 visa)
    Trip to India: late Dec 2004 - early Feb 2005
    Reentry to US: early Feb 2005 (same F-1 visa)
    Started OPT: early May 2005
    Started H1B: Jan 2006

    I was wondering if I will be treated as a resident/non-resident alien or in dual status for 2005? Also, please advise which of the following forms do I need to file (including any exemptions... some Indo-US treaty for students)

    1040/1040EZ
    1040NR/NREZ
    8843

    Thanks again guys..
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Mar 25, 2006, 11:27 PM
    Non-resident alien; dual-status would not apply since the trip seems to be more of a vacation/visit rather than a permanent return.

    Form 1040NR-EZ. You can claim $3,200 personal exemption and $5,000 standard deduction under Article 21(2).

    Form 8843: Required of all non-resident aliens.
    dkb's Avatar
    dkb Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Mar 26, 2006, 07:30 AM
    Thanks a bunch ATE! One more question...

    I read some post on this forum regarding the india-us tax treaty and its relevance to ny/nj/ma.. etc. Can I claim these any of these exemptions from my state (KY) tax as well?

    Thanks again...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Mar 26, 2006, 08:36 PM
    No. The states (for the most part) treat non-resident aliens just like U.S. citizens.
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