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    mrugesh81's Avatar
    mrugesh81 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 26, 2009, 09:14 AM
    Tax deduction as us-india
    Hi
    Can I take tax deductions for my fees paid in winter semester of 2008 and I got H1 this October 2008. I was on student visa (F-1) before.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 26, 2009, 10:01 AM

    If you are filing non-resident tax return, you can not take tuition and fee adjustment deduction.
    mrugesh81's Avatar
    mrugesh81 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jan 26, 2009, 11:14 AM
    Hi ,

    I did not get the answer... can you help me little more... I will be very thankful to you...
    I paid around $2250 in my unversity during jan when I was on student (F1 ) visa , and I got my h1b in month of oct .
    So can I get any benefit for my winter semister fees.
    Thanks
    Mrugesh soni
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 26, 2009, 12:21 PM
    Mr. Soni:

    If you are married, you can file jointly with your wife and you BOTH choose to be treated as resident aliens. Under these circumstances, you can claim either an education credit or a tuition deduction for the $2,250 you paid as a student.

    However, if you are single, then you do NOT have the option of filing as a resident alien. You can only file as a non-resident alien or as a dual-status alien. In either case (non-resident or dual-status) you CANNOT deduct the tuition paid or claim any education credit on your tax return.
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