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    nilesh.patel's Avatar
    nilesh.patel Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jan 30, 2011, 12:15 AM
    Regarding 2010 Tax Return
    Hi,

    Here is my situation...

    I entered into US in Aug-08 on F-1 Visa.

    I started working on OPT after my study. And after words I got my h1b.

    OPT APR-2010 To SEP-2010 (got 1099-MISC)
    H1b OCT-2010 To DEC-2010 (got W-2)

    Now I am confused with what form I can use 1040 or 1040NR

    ---
    If I fill 1040NR , As India Treaty I get Standard deduction $5700 + Personal Exemption ($3650)

    Can I show my wife as dependents?

    What expenses I can show against my 1099-MISC
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 30, 2011, 05:39 AM

    If you are single, file nonresident tax return. You can claim treaty deduction as you have income during F-1 or OPT.
    nilesh.patel's Avatar
    nilesh.patel Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Jan 31, 2011, 09:34 AM
    Comment on MukatA's post
    I am married. When I ask my friend he says you can not file 1040 and you must have to file 1040NR as you are Non resident as per the IRS rules.
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