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    kgpguy's Avatar
    kgpguy Posts: 3, Reputation: 1
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    #1

    Jan 3, 2011, 04:23 PM
    F-1 student, unsure about resident/non-resident alien status for taxes
    Hello,

    I was in the US on a J-1 visa from May-July 2005, and came back in August 2006 on a F-1 visa. I am still on the F-1 visa. I was wondering if I should be filing taxes as a resident alien or a non-resident alien for tax year 2010?

    Thanks for your help.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 4, 2011, 12:10 PM
    That depends on your home country and the tax treaty, if one exists.

    Please identify your home country.
    kgpguy's Avatar
    kgpguy Posts: 3, Reputation: 1
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    #3

    Jan 4, 2011, 12:52 PM
    My home country is India.
    kgpguy's Avatar
    kgpguy Posts: 3, Reputation: 1
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    #4

    Jan 4, 2011, 12:53 PM
    Comment on AtlantaTaxExpert's post
    My home country is India.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #5

    Jan 4, 2011, 07:40 PM

    You will file resident return as you completed 5 years in 2009 as teacher, trainee or student.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Jan 5, 2011, 02:59 PM
    I agree with MukatA's interpretation. The J-1 time counts against the five-year rule, which makes you a resident for tax purposes starting on 1 January 2010.
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