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    jnkasy2's Avatar
    jnkasy2 Posts: 5, Reputation: 1
    New Member
     
    #1

    Feb 25, 2009, 04:36 PM
    F1 to H1 2008
    HI ALL

    I was on OPT from jan to sep 08. Then from oct 08 on H1.
    Went to india on 14dec 08 n returned on 8 jan09. Citizen of india.
    1) resident/non-resident/dual for tax purpose?
    2) which tax forms to fill?
    3) can I claim both standard deduction and personal exemption for whole year and what amounts?

    Thanks in advance
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 26, 2009, 04:18 AM

    File nonresident tax return and Form 8843.
    jnkasy2's Avatar
    jnkasy2 Posts: 5, Reputation: 1
    New Member
     
    #3

    Feb 26, 2009, 10:49 AM
    Quote Originally Posted by MukatA View Post
    File nonresident tax return and Form 8843.

    Thanks muktaA, but you missed out on point # 3. if you could answer that also please.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #4

    Feb 27, 2009, 12:03 AM

    On nonresident form you do not get standard deduction. You do get exemption of $3,500.
    jnkasy2's Avatar
    jnkasy2 Posts: 5, Reputation: 1
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    #5

    Feb 27, 2009, 03:45 PM
    Quote Originally Posted by MukatA View Post
    On nonresident form you do not get standard deduction. You do get exemption of $3,500.
    I thought indian citizens get both.. standard deduction as well as personal exemption?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #6

    Feb 28, 2009, 11:03 PM

    Since you are from India, as per tax treaty, you will claim standard deduction of $5,450 instead of itemized deduction. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    jnkasy2's Avatar
    jnkasy2 Posts: 5, Reputation: 1
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    #7

    Mar 1, 2009, 09:46 AM
    Quote Originally Posted by MukatA View Post
    Since you are from India, as per tax treaty, you will claim standard deduction of $5,450 instead of itemized deduction. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents
    Thank you MuktaA.
    If I understand it correctly.. then it means I can claim std deduction($5450) as well as personal exemption($3500)?
    jnkasy2's Avatar
    jnkasy2 Posts: 5, Reputation: 1
    New Member
     
    #8

    Mar 3, 2009, 10:46 AM
    Quote Originally Posted by jnkasy2 View Post
    Thank you MuktaA.
    if i understand it correctly..then it means i can claim std deduction($5450) as well as personal exemption($3500) ??
    Please respond...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #9

    Apr 28, 2009, 09:58 AM
    Yes, you get BOTH the $5,450 standard deduction and the $3,500 personal exemption on your 2008 tax return.

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