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f1-opt-h1b taxes
Hello
I am a citizen of India and came to the US in 2006 on F1. My status for 2008 was: F1 :Jan OPT :Feb-Sep H1B :Oct-Dec My wages for 2008 were ard $65K. The Federal and State taxes have been deducted at source totaling to $14K approx. Do I file as Non-resident /dual status /resident for 2008 taxes, to get maximum returns? Any help would be highly appreciated. Thank You. |
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On F1/OPT you are exempt from residency for 5-years. You must file non-resident tax return Form 1040NR or 1040NR-EZ and Form 8843. Your income is not subject to FICA taxes but you must pay federal and state income taxes. On your OPT income/ you will get deduction based on tax treaty between the U.S. and your country. Since you are from India, as per tax treaty, you will claim standard deduction of $5,450 instead of itemized deduction. You can also claim exemption for your spouse if she did not have any income in 2008. Read: Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents |
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