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immigad · Feb 17, 2009, 05:56 AM

Hi Friends,

I would like to know what category I would fall under for tax purposes.

I was on F1 OPT until Jan 10th 2008

H1B from Jan 11- October 30

I left the country after that and I am presently in India.

How would I need to file my 2008 returns - as a dual status alien, resident or as a non-resident?

If I file as a dual status alien, can I claim a standard deduction under the US/India tax treaty?

Any advice is much appricated!

albear · Feb 17, 2009, 06:03 AM

Depends what planet your from as to what type of alien you are :D

MukatA · Feb 17, 2009, 11:42 AM

You will file dual status tax return.
On your statement return (nonresident return) you will report you OPT income and you will get treaty deduction. But the deduction will be equal to your OPT income.

immigad · Feb 17, 2009, 07:50 PM

Originally Posted by MukatA

You will file dual status tax return.
On your statement return (nonresident return) you will report you OPT income and you will get treaty deduction. But the deduction will be equal to your OPT income.

Hi Mukta,

Thank you for your response.

I didn't not work in OPT, I worked only on H1 for 9 months and then moved back to india in November.

My income on H1 was $35,000.. I had no other income that year US or international.

The IRS website says that I would need to file form 1040NREZ as my return and 1040 as a statement, as I was a non resident alien at the end of the year. But I am not clear as to what the difference is between a statement and return. On which form would I report my income and taxes withheld?

Would I be able to claim personal exemption and itemized deductions as a dual status alien?

Thanks again!

MukatA · Feb 17, 2009, 11:04 PM

immigad:
Your case is some what unique.
1. You are nonresident in the beginning of the year. (When did you get H1-B?).

2. Then you completed SPT as well 183 days in the U.S. on H1-B. So you are resident from Jan 11, 2008 and your residency termination date is normally Dec 31, 2008 (unless you prove to the IRS that you qualify for earlier termination date).
You should seek clarification from AtalantaTaxExpert at [email protected]

AtlantaTaxExpert · Mar 11, 2009, 12:54 PM

I agree with Mukat's original assessment: you are a dual-status alien and must file a dual-status return.

You can also deduct daily living expenses using Form 2106 and Schedule A on the Form 1040NR because your job, being less than one year, is considered to be a temporary job assignment by the IRS.

If you need help to file, contact me at [email protected].