[IndStudent12345]

I was a on F1 visa for 9 months in 2010 (3 months on OPT). Can I claim student and business apprentice treaty based Standard deduction and exemptions for my 2010 return

[AtlantaTaxExpert]

Yes. Under article 21 of the U.S.-India Tax Treaty, you are entitled to claim the standard deduction on your non-resident alien tax return (Form 1040NR or 1040NR-EZ). Note that you must also file Form 8843 with the tax return.

If you need professional help, contact me at [email protected].

[IndStudent12345]

Even if was on F1 visa for 9 months of the year, can I still claim the standard deduction. For the last 3 months I was on H1 visa

[AtlantaTaxExpert]

Yes, because you will NOT have met the 183-Day Substantial Presence Test, so, for one last time, you would file as a non-resident alien student/business apprentice.

[IndStudent12345]

Thx a lot.

[IndStudent12345]

Thanks a lot