[bkapoor]

Hello:

I was on an F1 visa from Aug 2004 to May 2005 when I graduated. I paid full tuition for the Spring 2005 semester. I am currently on an H1B visa (beginning Oct 1st 2005).

I would like to wait until June and file as a resident under first year choice so that I can get the $4000 education deduction. However, I don't have a form 1098-T. My university did not issue one to me because of my non-resident status. Can I claim the tuition deduction without that form ? If so, how will I prove to them that I really paid the tuition that I am claiming ?

Thanks a lot for your help,

Bhavna.

[AtlantaTaxExpert]

Bhavna:

Contact the university and ask for the Form 1098-T. You CAN claim the tuition cost without the Form 1098-T, but it is best that you have one, because it provides the IRS with the paper trail they want.

[bkapoor]

AtlantaTaxExpert:

Thank you for the prompt reply. I appreciate your help. Just to sum it up :

I should be filing the following -
1) Form 4868 for extension before April 15th 06.
2) Form 8843 to account for my F1 status from Jan to May 05.
3) Form 1040 after I fulfill Substantial presence in June 06.

On Form 1040, I can claim $5000 standard deduction + $3200 personal exemption + $4000 tuition deduction.

Also, my employer (erroneously) deducted ss & medicare tax when I was on OPT from July to September 05. If I was filing as a non-resident, I would have been eligible for claiming a refund. But I cannot claim a refund if I am filing as a resident, right ?


Thanks a lot again,

Bhavna

[bkapoor]

Hi again,

I just realised that the tuition that I intend to claim as a tax deduction was paid out to the university in Dec 04 for the Spring 05 semester. If the transaction took place in 2004, can I claim it as a deduction this year on the grounds that it was "meant" for the 2005 semester ?


Thanks !

-Bhavna

[vaya]

Nope, you cannot deduct fees paid in 2004. And you cannot claim ss and medicare taxes.

Vaya