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    lyhome's Avatar
    lyhome Posts: 1, Reputation: 1
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    #1

    Mar 26, 2006, 03:52 AM
    F1 to H1B Dual Status Alien Tax
    Hi, Dear Atlanta Tax Expert,

    I entered US as a student on Sept. 2001. I had income from Jan to May 31, 2005 as on OPT and income from June. 1 to the end of 2005 as on H1B. My husband is an international student holding F-1 visa but he does not pass the substantial presence criteria. We both come from CHINA.

    1. Based on what I read, it seems that I cann't file as a dual-status. Is that right? The reason I am asking that I was trying to claim tax treaty($5000 decution under article20) if I can file as dual-status for that OPT part.

    2. My income is about $10,000 more than my husband's income. Which do you think will be the best way to file as far as tax savings is concerned, file separately(I: resident, my husband: non-resident to claim the $5000 treaty deduction, and no tax on interest(1099-INT)) or jointly as both residents?

    Thank you very much!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 26, 2006, 08:26 PM
    1) That is correct; dual-status does not apply.

    2) Probably jointly, since you will then have a $10,000 standard deduction and possibly lower tax rates. But I cannot say for sure without income figures.
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