[kasamba]

Hi Atlanta Tax Expert,

I am in confusion over filing my tax forms this year.
I am a F1 student from India came here to US in Aug 2003 and have been filing 1040 NR-EZ and 8843 for 03 and 04 tax years.

In 2005, I was employed by my school from Jan to May and in June I started working fulltime in CPT until December 15. My OPT started from dec 17th and is good until dec 06. Now, Do you know what forms I should file for federal returns. I have two w-2 forms -- one from my school and other from my employer.

Also, what are the standard and itemized deductions I can claim. Are dedcutions from India tax treaty still applicable for me as I am in OPT.

Also, I paid some tution out of my pocket for a course for around $1400. Can I claim tax dedcution on that too.

Please answer above questions when you get a chance.
Your help will be greatly appreciated.

Suprita

[AtlantaTaxExpert]

Suprita:

Assuming you were on F1 status on 31 December 2005, you should file Form 1040NR-EZ and 8843 for 2005 as well.

The $5,000 standard deduction is the same as the $5,000 treaty exemption you have been claiming.

You cannot claim the tuition as a deduction, because non-resident aliens are not eligible to claim any education credit/deduction.

[kasamba]

Thanks Atlanta tax expert for your response. That clears some confusion off my mind.

I have some more questions too.. if you could answer those I would be grateful to you.

When I was trying to use some free tax software like TaxACT for federal returns, it generated 1040 for me. Some for my friends in similar situations (as mine) filed 1040 too! So does it matter is someone wrongfullly files 1040 instead if 1040 NR-EZ?

Second question I have is about state taxes:
I lived in the state of Illinois all the way until oct 2005. During this period I was employed by my school in Illinois from jan-may (2005) and from Jun onwards by my employer located in the state of missouri(I was on CPT then). Then I changed my residence to Missouri in October 2005 and have been living there since then employed at the same place( but now in OPT).
Some of my paychecks from my Missouri employer had my address from Illinois on them but Missouri state tax was dedcuted from them.

Let me give you a little bit of description on my W2s. MY w2 from school has
A state income tax of 45.05 ad the other one from Missouri employer has
$834.

Now I think I have to file tax forms for two states but there are so many types of forms for both those states -- resident, part year, non rsident etc..
I don't know what kind of form I have to file for each of those two states.

I know I have repeated some of the information from my last post, but I just wanted to make my case more clear to you.

Anticipating your help.

Thanks again!
Suprita.

[AtlantaTaxExpert]

Suprita:

Try CINTAX to file your Form 1040NR-EZ. You can find it using a search engine.

You need to file both an Illinois and a Missouri tax return, filing as a part-year resident of each state.