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    OneSolution's Avatar
    OneSolution Posts: 54, Reputation: 1
    Junior Member
    		  
    #1

    Feb 26, 2009, 03:43 PM
    Any benefit in taking extension & filing Dual Status for OPT_H1 Tax
    I came across on other site and there was ongoing discussion as follow...

    Somehow I dont feel comfortable with it,.. Wanted to seek diff opinions.

    It was related to F1 -OPT-H1 Status

    The situation was : 2008 F1 (Jan - Aug) -- OPT ( aug-sept) and H1 ( Oct- dec)...

    Quote--- "I believe we should file as either non resident for 2008 or request for extension and file the taxes in October 2009 as dual status citizen where you would file 1040NR EZ for 9months of 2008 you were on OPT and next 6 months from Oct 1 08 to Apr 09 as Resident Alien using 1040 form"

    First of all can you file taxes in such a pattern?

    Do you think there is any benefit in such a thing?

    If you file dual.. Can you claim

    -- Tution Deduction?
    --Called my parents in 2008 ? Any deductions?
    --Claim h1b Visa Fees paid to lawyer?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Feb 27, 2009, 01:00 AM

    File nonresident tax return with Form 8843.
    No tuition and fee deduction (even on dual status as it is for nonresident period).
    Dependent must be citizen or resident.
    Visa fees etc is not deductible.
    OneSolution's Avatar
    OneSolution Posts: 54, Reputation: 1
    Junior Member
    		  
    #3

    Feb 27, 2009, 08:12 AM

    Thank you very much Mukta,
    So just making sure if I understood right...

    There is no benefit by filing as Dual Status? So I should file as NR itself!
    OneSolution's Avatar
    OneSolution Posts: 54, Reputation: 1
    Junior Member
    		  
    #4

    Feb 27, 2009, 08:13 AM
    Mukata,
    Sorry for the wrong spell...
    Apologies!
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Feb 28, 2009, 09:59 PM

    Yes, it appears that there is no benefit from dual status. And the return is complicated.
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