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    dvalen7's Avatar
    dvalen7 Posts: 1, Reputation: 1
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    #1

    Jan 31, 2009, 05:56 AM
    1040nr ez
    On 2007 I filed my 2006 tax return as 1040nr ez because I was under f1-opt visa. However, I just learned that I could have filed as resident alien (1040) because I was in the country for the entire 2006. Is this correct? If it is, can I file an amendment to my 2006 tax return, while filing my 2008 return, and then claim the lifetime education credit?
    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Feb 2, 2009, 11:17 AM
    No, that is NOT true.

    International students in country under the F-1 visa are EXEMPT from the Substantial Presence Test (SPT) for up to five years while under the F-1 visa.

    Assuming that you arrived in the U.S. on or after 1 January 2002, you were still under that exemption in 2006, so you filed correctly when you submited Form 1040NR-EZ for 2006.
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