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    foxqqq's Avatar
    foxqqq Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Mar 30, 2009, 01:35 AM
    F1/OPT H1B Recovery Rebate Credit by Filing Dual-Satus?
    Me:
    Chinese National
    2007 all year: F1
    Jan 1, 2008 - Sep 30, 2008 F1/OPT
    Oct 1, 2008 - Dec 31, 2008 H1B

    Can I file dual-status, to get $5000 tax treaty in 1040NR, and get the recovery rebate credit in 1040?

    If this is possible, should I file 1040NR and extension for 1040 first, then file 1040 after 183 days substantial presence test is met?

    All these have been driving me crazy. Any advise is appreciated.
    foxqqq's Avatar
    foxqqq Posts: 3, Reputation: 1
    New Member
    		  
    #2

    Mar 30, 2009, 01:36 AM

    BTW I am single.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Mar 30, 2009, 11:59 AM

    You can file nonresident tax return for 2008. You will not get recovery rebate.

    You can also file dual status after you complete SPT in 2009. I am not sure if you will get recovery rebate. You may.
    foxqqq's Avatar
    foxqqq Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Mar 30, 2009, 08:42 PM

    I went through instruction for 1040NR again, under restriction for dual-status taxpayer, it says... you cannot take... the recovery rebate credit...

    So the answer to my question is No.
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