[crazee85]

Hello,

I am from India and I converted from F-1 (Aug 2007 - Feb 2010) to H-1b in March 2010. So I believe that I will be filing as a dual-status alien for 2010.

I was reading the discussion at https://www.askmehelpdesk.com/advice...3C/t-7993.html. It seems that I can indeed claim standard deduction on 1040-NR since as a student from India, I was eligible to claim standard deduction instead of itemized deductions during my non-resident period. Is my interpretation correct?

Thanks a lot!

[AtlantaTaxExpert]

Your interpretation is correct; because of your student status for part of 2010, you can claim the standard deduction under Article 21(2) of the U.S.-India Tax Treaty.

Now, if you are married, the better option would be to file jointly and you both CHOOSE to be treated as resident aliens for all of 2010.

[crazee85]

Thanks AtlantaTaxExpert.

I believe that in general, there should be a considerable number of cases of F-1 OPT to H-1B Dual Status Alien tax returns for people from India. Can any sample returns for such cases be found anywhere?

Thanks!

[AtlantaTaxExpert]

If you are MARRIED, you will NOT file dual-status; you will file a JOINT return and both spouses will sign a statement to CHOOSE to be treated as resident aliens for all of the tax year.

If you are SINGLE but were on H-1B for LESS than 183 days, you will file as a non-resident alien. You CAN wait until a later date in the following calendar year and CHOOSE to file a dual-status return, but, in 99% of the cases, there are NO tax advantages to filing that way.

ONLY if the H-1B time exceeds 183 days MUST the taxpayer file a dual-status return.

To answer your question, there are NO real good examples for the dual-status return other than what is in IRS Pub 519, and that example is NOT all that good.

That is why I STRONGLY recommend that anyone who must file a dual-status return get professional help. It is NOT a return for amateurs.

[crazee85]

Thanks AtlantaTaxExpert.

Can you give me your quote for preparing my F-1 OPT to H-1B Dual Status Alien tax return for 2010?

[AtlantaTaxExpert]

Crazee85:

I do not give fee quotes on this forum, but if you email me at [email protected] and tell me when you switched from F-1 to H-1 in 2010 AND whether you are married, I will give you a fee quote via email.