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    SaintLucifer's Avatar
    SaintLucifer Posts: 1, Reputation: 1
    New Member
     
    #1

    Mar 28, 2011, 07:52 PM
    F1 Indian Student Getting More Than 100% Tax Return?!
    Is it possible for an F1 Indian student (been in the US for 1.5 years, now on OPT) to get back more money (more than 2X) than what she paid in total taxes for that year? I know of someone who had their taxes done through a consultant, and the consultant filed 1040NR, and told that because she paid her entire tuition amount out of her own pocket ($30,000+), she will be able to get some money or something like that. Also, he said he is filing 1040NR because that has more options for deductions and stuff like that? Can this all be true? It just seems highly likely the government is willing to give free money, just cause you are a student paying your own fees...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Apr 27, 2011, 05:34 PM
    It CANNOT be done with Form 1040NR, because the student is NOT eligible for any of the credits that a resident is eligible for.

    Now, the consultant MAY be claiming the tuition as a employee business expense, but that would only get the student back (at most) what was withheld.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #3

    Apr 28, 2011, 04:28 AM

    F-1/OPT must file nonresident tax return. You can claim itemized deductions, which will reduce your income tax. Your refund can not be more than the tax withheld. Your U.S. Tax Return: U.S. Tax Filing Requirements for Non-Residents

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