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mischiefavi · Mar 26, 2006, 02:29 PM

Hi,
I was on EAD from 2/1/2005 onwards. My H1B approval dates are from 12/2/2005 to 11/30/2008.
1. For tax purposes for 2005, what kind of forms do I fill.
2. Am I still eligible for the India treaty? (My first date of entry to US was fall 2001 on F1 status).
3. My employer withheld Social Security, Medicaire taxes despite the fact that I was on EAD. I am planning on filing 843 and 8316. If I am claiming a credit for social security, can I still use 1040NREZ?

Please help!
Thanks!

AtlantaTaxExpert · Mar 26, 2006, 09:43 PM

What was your visa status while on EAD?

1) If F-1, you file Form 1040NR or 1040NR-EZ.

2) If visa was F-1 for EAD, then, yes, you are still eligible.

3) Yes. Whether you file Form 1040NR or 1040NR-EZ does not affect your Form 843 filing.

romil · Mar 26, 2006, 10:59 PM

Hi,

I too am on H1B since Dec 20th 2005 and before that was on F1 (CPT)

Question
1. Can we claim any other deductions apart from the India-US 5000$ deduction ? I mean, can we also claim the 5,000$ standard deduction ?

Thanks a lot in advance.

AtlantaTaxExpert · Mar 27, 2006, 05:03 AM

The $5,000 deduction from the India-US Income Tax Treaty IS the $5,000 standard deduction.

mischiefavi · Mar 27, 2006, 07:22 AM

Hi Atlanta Tax Expert,
Thanks for replying. So all together I can claim 5000 and 3100 as deductions. Is that correct? I used the Cintax software and it is not allowing me to claim the deduction for the India 21(2). Not sure why that would be the case. Maybe because for Dec 2005 I was on H1B? Would that make me ineligible? Or because I am in US since Aug 2001, and the time has exceeded for me to claim the India deduction? IF I just fill the forms manually, are there any websites that would be helpful?
Thanks in advance!

romil · Mar 27, 2006, 09:40 AM

Hi mischiefavi,

What is the additional 3,100 tax deduction for ?

I too am using CINTAX for tax computation and having the same problem as you!.

Also, I have income from 2 states (school & work)... Could you give me some pointers as to how to go about the state taxes ? What deductions (if any) can we claim there ?

Thanks a ton,

AtlantaTaxExpert · Mar 27, 2006, 08:10 PM

ALCON:

I have been told on this forum that CINTAX does not do persons who have converted from F-1 to H-1 visas very well.

You need to file the tax return manually; sorry, I know of no websites that offers detailed guidance on how to fill in the forms. You might try www.thetaxguy.com.

The $3,100 is the personal exemption, but the correct amount is $3,200 for 2005.

mark4jon · Mar 27, 2006, 10:09 PM

You can try IStaxes.com

A couple of my friends have used it and seems like it works.

Viks

mischiefavi · Mar 28, 2006, 03:19 PM

Hey Viks,
So does IStaxes.com take in to consideration H1/EAD status for India exemption?
Hey ROmil, I came upon this website to fill out NREZ manually. Gives step by step instructions. Looks good to me!
http://www.utexas.edu/international/...ylinenrez.html

Hopefully nothing is wrong with that is being described in this website, maybe Atlanta Tax Expert can verify it? Thanks a lot for your responses!

mark4jon · Mar 29, 2006, 07:43 AM

Yes it does, three of my friends have used it. I can't use it because I have to fill out a regular 1040 'cause I've been on H1 for more than 183 days

AtlantaTaxExpert · Mar 29, 2006, 10:54 PM

Looks good to me!