[fruitpunch]

Hi

I'm newly married graduate student from India.I m setting the things to file 1040NR as well as W-7 (ITIN for my wife). I recently got the 1098-T from graduate school for tuition payments that never got before (in last 3 years). I have some where seen that, for filing 1098-T we have to use either 1040 or 1040A. I am wondering am I eligible to file 1040 being non resident. If not suggest me other forms to file. (I mentioned in title as 1099-T. It is typo.)

Thanks for your time!

Cheers
FP

[AtlantaTaxExpert]

FP:

Have you recently switched over to H-1 or H-1B? How about your wife?

If either of you were under an H-1 or H-1B visa at the end of 2006, you can file jointly and choose to be treated as resident aliens for ALL of 2006. Then you claim either the Lifetime Learning Credit or deduct up to $4,000 of the tuition as an adjustment to income.

If you file as a non-resident alien, you cannot claim the education credit or deduction.

[MY62781]

If a parent can't deduct a 1099-T expense due to income limitations, can the child claim is on their tax prep?